NGFA Submits Recommendations to OSHA on Potential COVID-19 Workplace Standard

The National Grain and Feed Association (NGFA) consulted with other business groups and the Conn Maciel Carey LLP law firm to provide recommendations to the Occupational Safety and Health Administration (OSHA) regarding the potential creation of a federal Emergency Temporary Standard (ETS) for COVID-19.

In his Executive Order on Protecting Worker Health and Safety, President Biden directed OSHA to “consider whether any emergency temporary standards on COVID-19…are necessary,” and if so, to issue those standards by March 15.

The “Employers COVID-19 Prevention Coalition,” managed by Conn Maciel Carey LLP, sent a letter on March 2 to OSHA Deputy Assistant Secretary Jim Frederick outlining several considerations to create an ETS that is “effective in its purpose – to minimize workplace transmission of COVID-19 – and reasonable in its burdens.”

If an emergency temporary standard (ETS) is issued, the coalition recommended the following:

• The ETS should incorporate an implementation period or a “grace” period in order to allow adequate time to modify programs that are already in place;
• For the sake of consistency, OSHA should require State Plans to implement identical standards to the Federal ETS. One uniform standard nationwide will help prevent the confusion and complexities that employers have experienced over the last year of navigating the conflicting federal, state and local guidelines;
• OSHA should ensure the ETS provides flexibility to comply with evolving CDC guidance; • The ETS should recognize and account for the special circumstances of critical infrastructure workers, including those in food and agriculture; and
• The ETS should include a “sunset” provision that triggers automatic expiration if the president or the World Health Organization determines that COVID-19 is no longer a pandemic.

The Coalition also provided specific recommendations on a wide range of issues related to: 1) recordkeeping; 2) hazard assessment; 3) health screening; 4) contract tracing; 5) training; 6) human resources issues such as paid leave; and 7) vaccine mandates.

- Jess McCluer, NGFA Vice President of Safety and Regulatory Affairs

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