OSHA Releases Updated Workplace Guidance

The U.S. Occupational Safety and Health Administration ("OSHA") recently issued updated Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (the "Guidance") for employers and workers outside of the healthcare industry.¹ Although this updated Guidance does not establish any legal requirements, it is best practice to follow OSHA's recommendations, as a failure to follow these recommendations could expose employers to liability or, at a minimum, invite potential claims.

First, the Guidance limits its focus to protecting unvaccinated or otherwise at-risk workers in their workplaces. Importantly, with regard to vaccinated workers who are not otherwise at-risk, and workplaces where all employees are fully vaccinated, the Guidance removes recommended employer protections. However, notwithstanding the Guidance, it may be prudent for employers to continue to follow the OSHA recommendations below, as employers may not know the vaccination or