Is a Written COVID-19 Preparedness Plan Required?

Does OSHA require a COVID-19 Preparedness Plan?  This question has emerged because of the corona virus era we now find ourselves in, and from OSHA’s 3990, Guidance for Preparing Workplaces for COVID-19. 

​The short answer is, “Yes.” But, when we look at the COVID-19 protocols outlined in document 3990, the preparedness activities are really an extension of our Hazard Communication (Haz Com) plans.

Some companies have chosen to make their COVID-19 Preparedness Plan a separate document, while others have just incorporated these new activities into their existing Haz Com plan.  Either way is fine as long as you can demonstrate that you are following the applicable OSHA guidance and Executive Orders. 
 
What we are doing, in essence, is looking at COVID-19 as a new hazard introduced into the workplace that can cause death or serious injury.  We should treat Covid-19 just like we would any other occupational hazard, and use OSHA’s COVID-19 guidance to help measure the risk posed by certain workstations, sick employees and visitors.  Then we determine the steps the employer needs to take to eliminate or reduce this new hazard.  These are considered reasonable steps in assessing and abating a hazard.  Let’s do a Deeper Dive into What this would look like:
 
As we know, OSHA requires that employers provide a safe working environment, one that is free from recognized hazards that can cause death or serious physical harm.  Enforcement is done using the General Duty Clause and other applicable and specific regulations.  We typically create a safe workplace by conducting hazard assessments and then developing engineering solutions and procedures on how to abate the hazards and protect employees and people who visit the facility. 
 
If we simply treat COVID-19 as a new serious hazard in the workplace, then the OSHA requirements that we need to consider come into focus.  These include hazard assessment, safe work practices and hierarchy of controls (engineering and PPE).  We can then prepare a COVID-19 Preparedness and Response Plan with the recommendations in OSHA’s COVID-19 Preparedness Guide (OSHA 3990).  Here are the recommended steps:

• Perform a hazard analysis of the COVID-19 hazard.
• Identify the risk level of your employees relative to their work environments.
• Identify the routes of exposure and the opportunities for exposure for plant employees, visitors, sales staff, etc.
• Develop hazard mitigation strategies to reduce or eliminate those potential exposures.  
• Remember to use the OSHA hierarchy of controls when developing mitigation strategies for engineering controls, administrative controls and the use of PPE.
• Implement the mitigation strategies and evaluate their effectiveness.   
• Include procedures to respond to suspected or confirmed infected employees, including contact tracing. 
• Train employees on how the company is tackling the COVID-19 problem, signs and symptoms of the disease and on the company’s policies to deal with confirmed or suspected cases.
• Document everything you do. 

 
We also need to consider Executive Orders that provide insight on required best practices.  These best practices fall into five categories:

1. Access control.  Implementing practices to quickly identify and record potential exposure to COVID‑19 in the workplace.
2. Physical distancing.  Minimizing levels of close contact within the workplace to limit the spread of COVID‑19.
3. Sanitation and hygiene.  Increasing the frequently and vigor of cleaning practices.
4. PPE.  Ensuring that all employees have access to PPE to keep from contracting or transmitting the disease. 
5. Isolation and Contact tracing.  Developing and implementing procedures and protocols on what to do if an employee is suspected to have or is diagnosed with COVID‑19.

 
If it Wasn’t Written Down, Then it Didn’t Happen
 
This last step is very important.  Document everything you do.  Remember, the old OSHA adage still applies.  “If it is not written down, then it didn’t happen.”  In addition to your plan, document and maintain training records, entry screening results and the steps taken to isolate a confirmed or suspected case of COVID-19, and appropriate notifications to the health department and others.  Having appropriate documentation that describes the actions planned and actions taken because of an exposure will be especially important when employees complain to OSHA or an agency conducts an inquiry at your facility.  You will need to be able to demonstrate how you provided a place of employment free from recognized hazards, including COVID-19.  And you will do that using your written hazard assessment, policies and procedures, engineering controls and required PPE. 
 
Litigation related to COVID-19 injuries, fatalities and human resource issues is an emerging legal market, so it is extremely important that you have a plan and document everything the company has done to provide a safe work environment.  Together they will demonstrate the company’s good-faith efforts taken to deal with the new hazard and be useful in resolving compliance or legal disputes when they arise. 
 
Lastly, as restrictions are loosened and we begin to reopen, remember not to get sucked into the free-for-all of not worrying about COVID-19 prevention.  Many states are currently re-imposing restrictions after seeing spikes in COVID cases as a result of people not being careful enough.  We don’t want to invite this behavior into our businesses.  We don’t want to contribute to the infection rate, so it will be important to re-emphasize with employees that they need to stay vigilant at home and at play to prevent the spread of infection to family, friends and  co-workers.    

Here are some links to useful information and guidance that will help you navigate COVID-19 as you re-open.

• MIOSHA COVID-19 Preparedness & Prevention Plan
• MIOSHA Re-Open Checklist
• Executive Orders web site
• OSHA 3990