A New Year with an Old Pandemic

Let’s face it, 2020 has been the most bizarre year. In some ways, it seems the world is standing still. In other ways, it seems time is flying by. Constant reminders of COVID-19 may make one feel like we have been in the pandemic for a decade. At the same time, a surge in new boat sales and busy marinas have made the summer feel like a blur. That being said, many may be looking ahead to changing the calendar over to 2021 with great anticipation. However, most experts agree COVID-19 will still be a challenge as we enter 2021. As the offseason approaches, now is a great time to get ahead (or caught up) when it comes to dealing with COVID-19 in the workplace.

Written Pandemic Plan
In recent months, several states have implemented Occupational Safety and Health Administration (OSHA) standards related to infectious disease control. The recently implemented OSHA standards now require organizations to have a very comprehensive policy for infectious disease control. At the same time, OSHA has increased enforcement related to COVID-19 and as of early October, OSHA has issued citations in numerous industries across the United States. Many of the citations are centered around the company’s response to the pandemic and failure to develop written protocols.

A written pandemic plan should make clear the company policy for a variety of topics such as Personal Protective Equipment (PPE) requirements, employee medical screenings, sanitizing procedures, facility access, employee training, and guidelines for social distancing while at work. The pandemic plan should also include guidance from both the Centers for Disease Control (CDC) and OSHA. As guidance from those agencies changes frequently, the plan will require regular updates. The plan should also include a hazard analysis to identify worker exposure to infectious disease in the workplace.

As a frame of reference, OSHA’s standard for respiratory protection is approximately 22 pages in length. Virginia’s Temporary Emergency Standard for Infectious Disease Control is nearly 50 pages. The increased volume of the infectious disease standard requires a very detailed and comprehensive approach to the written plan. One might expect a written pandemic plan to be between 15 and 25 pages in length depending on variations in Federal, State, and Local requirements.

Blood Borne Pathogens
In addition to the pandemic plan, a written Blood Borne Pathogens (BBP) program may also be required. The BBP standard applies when an employee may have a workplace exposure to blood or other infectious materials. In the pandemic, an increased emphasis should be placed on the BBP program within the facility. Employees conducting pump out operations, servicing toilets or tanks on vessels, or cleaning restrooms will likely have an exposure to bodily fluids. Routine tasks such as emptying a garbage can may also result in exposures from needlesticks or other sources.

The BBP program should define several key items. First, the plan will define areas where employees will have exposure to bodily fluids and areas where employees could have exposure. The plan will detail reporting, decontamination, and waste disposal procedures. Additionally, employees that have an occupational exposure must be properly trained on the hazards, proper PPE to be used, and given the option to receive a Hepatitis B vaccine. The employee may decline the vaccine, but the employer should document the employee’s declination.

Hazard Communication
With an increased emphasis in cleaning workspaces, many businesses purchased new chemicals to sanitize and disinfect the workspace. OSHA’s Hazard Communication (HAZCOMM) standard ensures chemical safety in the workplace by informing employees of the identities and hazards of chemicals in use. In addition to updating employee training, Safety Data Sheets for new chemicals must also be available for employee access.

The Hazard Communication standard requires training immediately upon assignment or whenever a new physical or health hazard is introduced. The written HAZCOMM plan will detail proper use and storage of chemicals, container labeling, and PPE requirements. The company must maintain a list of hazardous chemicals that are used in the workplace. Employers should update the HAZCOMM plan and employee training.

The Bottom Line
As 2021 approaches, employers will be faced with both new and old regulatory requirements. The pandemic response is requiring the development of a written pandemic plan. Other existing OSHA standards such as Blood Borne Pathogens, Hazard Communication, and Personal Protective Equipment may need to be updated. Employee training and consistent application of written policies will be key to having a safe workplace in the New Year.