Workplace Safety

In light of the rapidly evolving coronavirus challenge, AF&PA has compiled information and resources related to the COVID-19 pandemic, including on issues such as workplace safety, scientific studies, economic relief programs, general information, environmental compliance flexibility, shelter-in-place orders and critical business exemptions. Much of the information has been compiled from third-party sources, and none of the information is, nor should it in any way be construed as, legal, health or any other form of advice, nor can we attest to the reliability, accuracy or completeness of the information. We hope this is helpful as a basic general information resource. This website is subject to change as new information comes to our attention. 

Resources from the Occupational Safety and Health Administration, Centers for Disease Control and Prevention (CDC) and U.S. Equal Employment Opportunity Commission providing guidance on protecting workers from exposure and preparing workplaces to minimize risks, among other things.

• Kathryn M. McMahon's (Conn Maciel Carey LLP) July 14th Presentation to AF&PA, "Workplace Safety Compliance & Best Practices COVID-19":  https://www.afandpa.org/docs/default-source/covid19-resources/osha-implications-of-covid-19-(july-2020)---conn-maciel-carey.pdf 
• OSHA COVID-19 Guidance on Preparing Workplaces for COVID-19:  https://www.afandpa.org/docs/default-source/covid19-resources/osha-implications-of-covid-19-(july-2020)---conn-maciel-carey.pdf 
• Department of Labor June 15th News Release: As More Businesses Reopen, Worker Safety And Health Remains U.S. Department Of Labor Priority: https://www.dol.gov/newsroom/releases/osha/osha20200615-0
• Interim Guidance from CDC and OSHA: Manufacturing Workers and Employers: https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-manufacturing-workers-employers.html
• CDC Guidance, COVID-19 Employer Information for Office Buildings: "Provide employees adequate time to wash their hands and access to soap, clean water, and single use paper towels." https://www.cdc.gov/coronavirus/2019-ncov/community/office-buildings.html
• OSHA Coronavirus Website: https://www.osha.gov/SLTC/covid-19/  
  • Additional resources and information for protecting workers from occupational exposure to COVID-19: https://www.osha.gov/SLTC/covid-19/additional_resources.html 
• U.S. Customs and Border Protection:
  • Personal Protective Equipment (PPE) Importing Guidance, Classification and Duty Questions: https://imports.cbp.gov/s/
• CDC Interim Guidance for Business and Employers: https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html 
  • CDC Activities and Initiatives Supporting the COVID-19 Response and the President’s Plan for Opening America Up Again: https://www.cdc.gov/coronavirus/2019-ncov/downloads/php/CDC-Activities-Initiatives-for-COVID-19-Response.pdf
  • CDC’s tool to assist employers in making (re)opening decisions during the COVID-19 pandemic: https://www.cdc.gov/coronavirus/2019-ncov/downloads/community/workplace-decision-tree.pdf
  • Cleaning and Disinfecting Your Facility: https://www.cdc.gov/coronavirus/2019-ncov/prepare/disinfecting-building-facility.html

  • CDC and EPA's Joint Guidance for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools and Homes: https://www.epa.gov/coronavirus/guidance-cleaning-and-disinfecting-public-spaces-workplaces-businesses-schools-and-homes

  • CDC provided guidance to AF&PA to clarify that properly diluted ordinary bleach is appropriate for disinfecting workplaces against SARS-CoV-2: The CDC recommends the use of EPA registered disinfectants on List N and offers additional guidance for the use of bleach for disinfection in a diluted form. The CDC has provided helpful guidance to AF&PA to clarify that properly diluted ordinary bleach is appropriate for disinfecting workplaces against SARS-CoV-2, the virus that causes COVID-19. AF&PA requested this clarifying guidance to resolve potential confusion over prior inconsistent CDC guidance: https://www.afandpa.org/docs/default-source/covid19-resources/cdc.pdf
  • The National Association of Manufacturers' March 9th Request Letter for CDC Guidance on the Protocols and Required Steps if a Manufacturing Worker or Community Member is Infected with COVID-19: http://documents.nam.org/IIHRP/NAMCDCRequestLtr9March20.pdf
  • CDC’s March 27th Response Letter to the National Association of Manufacturers: http://documents.nam.org/IIHRP/CDCRedfieldResponse.pdf 
• CDC Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19:
  • CDC interim guidance indicates that critical infrastructure workers including critical manufacturing workers may continue to work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. The guidance calls for pre-screening, regular monitoring, wearing masks, social distancing and the cleaning of workspaces. https://www.cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementing-safety-practices.html
• CDC Mitigation Strategies for Communities with Local COVID-19 Transmission, “What workplaces can do to prepare for COVID-19, if the workplace has cases of COVID-19, or if the community is experiencing spread of COVID-19)”:
  • https://www.cdc.gov/coronavirus/2019-ncov/downloads/community-mitigation-strategy.pdf
• Equal Employment Opportunity Commission (EEOC) Guidance: The EEOC issued guidance to clarify that employee temperature testing for COVID-19 at operating work sites at this time would not constitute a “medical examination” prohibited by the Americans With Disabilities Act (ADA). This guidance is responsive to a request AF&PA made to the Administration following up on member concerns. The guidance also addresses other workplace safety issues pertinent to facilities operating during the COVID-19 pandemic, such as how much information an employer may request from an employee who calls in sick, and whether an employer can require a sick employee to go home, require a doctor’s note to certify that an employee is fit to return to work, and screen job applicants for COVID-19. You can access the new EEOC guidance here: https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm
• EEOC Question: May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace? https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm
  
  EEOC Answer: The ADA requires that any mandatory medical test of employees be "job related and consistent with business necessity." Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus.
  
  Consistent with the ADA standard, employers should ensure that the tests are accurate and reliable. For example, employers may review guidance from the U.S. Food and Drug Administration about what may or may not be considered safe and accurate testing, as well as guidance from CDC or other public health authorities, and check for updates. Employers may wish to consider the incidence of false-positives or false-negatives associated with a particular test. Finally, note that accurate testing only reveals if the virus is currently present; a negative test does not mean the employee will not acquire the virus later.
  
  Based on guidance from medical and public health authorities, employers should still require - to the greatest extent possible - that employees observe infection control practices (such as social distancing, regular handwashing, and other measures) in the workplace to prevent transmission of COVID-19.