On August 13, 2021, the Occupational Safety and Health Administration (OSHA) updated its guidance to employers in the ongoing effort to protect workers from the coronavirus. The update, available here, was based upon recent data from the Center for Disease Control and Prevention (CDC) relating to the virus including addressing the more virulent Delta variant.  The CDC’s recommendations include:

• Fully vaccinated people wear a mask in public indoor settings in areas of substantial or high transmission.
• Fully vaccinated people might choose to wear a mask regardless of the level of transmission, particularly if they are immunocompromised or at increased risk for severe disease from COVID-19, or if they have someone in their household who is immunocompromised, at increased risk of severe disease or not fully vaccinated.
• Fully vaccinated people who have come into close contact with someone with suspected or confirmed COVID-19 to be tested 3-5 days after exposure, and to wear a mask in public indoor settings for 14 days or until they receive a negative test result.
• Universal indoor masking for all teachers, staff, students, and visitors to schools, regardless of vaccination status.

The guidance creates no new legal obligations. It contains recommendations and also clearly identifies existing mandatory OSHA standards to be followed. The updated recommendations are advisory in nature and informational in content and are intended to assist employers in recognizing and abating hazards likely to cause death or serious physical harm as part of their obligation to provide a safe and healthy workplace.  Employers and workers should use the guidance to determine appropriate control measures to implement at their workplace.

If you should have any questions regarding OSHA guidance and how it may affect your workplace or employees, please contact our lawyers in Austin or Dallas at info@gstexlaw.com.

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