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ARTICLE · 03 APRIL 2021

OSHA Issues Immediately Effective COVID-19 National Enforcement Program And Updated Enforcement Guidance: No ETS Yet

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2012, OSHA took two significant new actions to enhance its enforcement actions regarding COVID-19 workplace safety: (1)

United StatesEmployment and HR
Gabrielle Sigel
Gabrielle Sigel

On March 12, 2012, OSHA took two significant new actions to enhance its enforcement actions regarding COVID-19 workplace safety: (1) establishing the National Emphasis Program - COVID-19 (the NEP) targeting higher hazard industries for OSHA enforcement action; and (2) updating and replacing its former Interim Enforcement Response Plan for COVID-19 (the Enforcement Plan) to prioritize in-person worksite inspections by OSHA Compliance Safety and Health Officers (CSHO). This action is in response to President Biden's January 21, 2021 Executive Order on Protecting Worker Health and Safety, in which he directed OSHA to "launch a national program to focus OSHA enforcement efforts related to COVID-19 on violations that put the largest number of workers at serious risk or are contrary to anti-retaliation principles." Executive Order (EO) No. 13999, § 2(d), 86 FR 7211 (Jan. 26, 2021). Although the Executive Order (§ 2(b)) also required OSHA to consider whether to issue a

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