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ARTICLE · 27 APRIL 2020

OSHA Issues Temporary Guidance On Using Enforcement Discretion During The Coronavirus Pandemic

The Occupational Safety and Health Administration (OSHA) has issued Interim Guidance to advise compliance safety and health officers (CSHOs) to evaluate an employer's good faith.

United StatesEmployment and HR

Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has issued Interim Guidance to advise compliance safety and health officers (CSHOs) to evaluate an employer's good faith efforts to comply with certain safety and health standards during the coronavirus pandemic (COVID-19).

We previously blogged about OSHA's Interim Enforcement Response Plan for COVID-19 which was intended to provide instructions and guidance to Area Offices and CSHOs for handling COVID-19-related complaints, referrals, and severe illness reports.

Now, new Interim Guidance acknowledges that COVID-19 infection control practices may limit the availability of employees, consultants, or contractors who would normally provide training, auditing, equipment inspections, testing, and other essential safety and industrial hygiene services for employers. The Guidance also notes that employee participation in safety training may be precluded by business closures and other

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