The Executive Order on Protecting Worker Health and Safety calls upon the federal government to “take swift action to reduce the risk that workers may contract COVID-19 in the workplace.” The EO states that this will involve “issuing science-based guidance to help keep workers safe from COVID-19 exposure” and “enforcing worker health and safety requirements.”
New guidance, a workplace safety standard, and stepped-up enforcement: The EO directs the Secretary of Labor to issue, within two weeks, revised guidance to employers on workplace safety during the COVID-19 pandemic. Further, the EO strongly encourages OSHA to consider issuing an emergency temporary COVID-19 workplace safety standard by March 15, 2021, and to review OSHA enforcement efforts and focus on issues “that put the largest numbers of workers at serious risk.”
A separate Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing requires federal employees and contractors to wear masks and engage in physical distancing protocols while inside government buildings and on federal lands. The EO directs the White House COVID-19 Response Coordinator, a new position created by President Biden, to release guidance to the agencies regarding the mandate. Individual agencies can make case-by-case exceptions to the mask mandate where appropriate but must provide “appropriate alternative safeguards.” The EO also creates the “Safer Federal Workforce Task Force” to provide ongoing guidance regarding COVID-19 safety measures for federal workers and contractors.
Minimum wage, paid leave requirements: President Biden also signed an executive order directing agencies to prepare for a requirement within the next 100 days that federal contractors pay a $15 minimum wage and provide emergency paid leave to workers.
The executive orders are a part of President Biden's National Strategy for the COVID-19 Response and Pandemic Preparedness, which you can read about in a separate story here.
Outlook: The Biden administration was expected to take quick action on COVID-19 workplace safety measures. Employers should expect significantly increased enforcement actions from OSHA regarding COVID-19 workplace safety measures, as well as a workplace safety standard, which will likely be issued well ahead of the March 15 deadline.
