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ARTICLE · 16 MARCH 2021

OSHA Adopts COVID-19 National Emphasis Program

Seyfarth Shaw LLP
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Seyfarth Synopsis: On March 12, 2021, OSHA published its COVID-19 National Emphasis Program – Coronavirus Disease 2019 (COVID-19), DIR 2021-01(CPL-03) (3-12-21).

United StatesEmployment and HR
Brent Clark
Brent Clark
James Curtis
James Curtis
Adam Young
Adam Young
A. Scott Hecker
A. Scott Hecker
Patrick Joyce
Patrick Joyce
Craig Simonsen
Craig Simonsen
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Seyfarth Synopsis: On March 12, 2021, OSHA published its COVID-19 National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-01(CPL-03) (3-12-21). The Directive lays-out OSHA's policies and procedures implementing a National Emphasis Program (NEP) for ensuring that employees in perceived "high-hazard industries" or work tasks are protected from the hazard of contracting COVID-19.

Days before President Biden's deadline for OSHA to issue a COVID-19 emergency temporary standard ("ETS"), the Agency instead announced an NEP allegedly designed to protect employees from the spread of COVID-19.

The NEP "augments OSHA's efforts addressing unprogrammed COVID-19-related activities, e.g., complaints, referrals, and severe incident reports, by adding a component to target specific high-hazard industries or activities where this hazard is prevalent." The NEP purportedly targets establishments that have workers with increased potential exposure to contracting

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