Federal OSHA and Its State Counterparts Make COVID-19 Safety Measures Top Priorities. Read More.

OSHA’s latest COVID-19 updates can be viewed here.

U.S. Department of Labor Cites Ohio Nursing Facilities for Failing to Fully Implement Respiratory Programs to Protect Employees from Coronavirus. Read More.

• OSHA released guidance related to COVID-19 for Oil and Gas Industry Workers and Employers. The guidance discusses the exposure risk levels with certain work tasks, engineering controls and administrative controls that can be used to limit the spread of COVID-19.
• OSHA has issued guidance to assist employers reopening non-essential businesses and their employees returning to work during the evolving coronavirus pandemic. The guidance provides information similar to the CDC’s guidance and also answers frequently asked questions by employers.

In a recent News Release, OSHA provided coronavirus-related guidance to help employers develop policies and procedures that address the following issues:

• Workplace flexibilities;
• Engineering and administrative controls, safe work practices, and personal protective equipment;
• Training workers on the signs, symptoms and risk factors associated with the coronavirus;
• Basic hygiene and housekeeping practices;
• Social distancing practices;
• Identifying and isolating sick workers;
• Return to work after worker illness or exposure;
• Anti-retaliation practices.

OSHA released frequently asked questions and answers about face coverings, surgical masks and respirators in the workplace. Please remember that each state may have different guidelines in place that are more stringent than OSHA’s guidance.

OSHA released an alert titled: “COVID-19 Guidance on Social Distancing at Work”.

OSHA released a memorandum (Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019) to Regional Administrators and State Plan Designees that will assist Compliance Officers (CSHOs). If, after taking the appropriate actions described in the memorandum, the employer cannot determine whether it is more likely than not that exposure in the workplace played a causal role with respect to a particular case of COVID-19, the employer does not need to record that COVID-19 illness.

OSHA released COVID-19 Guidance for the Construction Workforce. The following tips can help reduce the risk of exposure to the coronavirus:

• Where work trailers are used, all workers should maintain social distancing while inside the trailers.
• To the extent tools or equipment must be shared, provide and instruct workers to use alcohol based wipes to clean tools before and after use. When cleaning tools and equipment, workers should consult manufacturer recommendations for proper cleaning techniques and restrictions.
• Keep in-person meetings (including toolbox talks and safety meetings) as short as possible, limit the number of workers in attendance, and use social distancing practices.
• Clean and disinfect portable jobsite toilets regularly. Hand sanitizer dispensers should be filled regularly. Frequently-touched items (i.e., door pulls and toilet seats) should be disinfected.

OSHA issued an Alert to Help Keep Manufacturing Workers Safe During Coronavirus Pandemic

Safety measures employers can implement to protect employees working in manufacturing include:

• Practicing sensible social distancing and maintaining 6 feet between co-workers, where possible;
• Establishing flexible work hours, (e.g., staggered shifts), if feasible;
• Training workers on how to properly put on, use/wear, take-off and maintain protective clothing and equipment;
• Allowing workers to wear masks over their nose and mouth to prevent spread of the virus;
• Monitoring public health communications about coronavirus recommendations for the workplace and ensuring that workers have access to and understand that information;
• Promoting personal hygiene. If workers do not have access to soap and water for handwashing, provide alcohol-based hand rubs containing at least 60 percent alcohol. Provide disinfectants and disposable towels workers can use to clean work surfaces; and
• Encouraging workers to report any safety and health concerns.

OSHA released Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) for Regional Administrators and State Plan Designees.

OSHA should investigate complaints, referrals, and employer-reported fatalities and hospitalizations to identify potentially hazardous occupational exposures and to ensure that employers take prompt actions to mitigate hazards and protect employees. This will be conducted in accordance with OSHA’s Field Operations Manual.

Ten Steps All Workplaces Can Take to Reduce Risk of Exposure to Coronavirus

On April 4, 2020 OSHA released Enforcement Guidance for Respiratory Protection and the N95 Shortage Due to the Coronavirus Disease 2019 (COVID-19) Pandemic. As part of the guidance document, the federal government advised that employers may consider using respirators and filters certified under the following standards of other countries or jurisdictions:

• Australia: AS/NZS 1716:2012
• Brazil: ABNT/NBR 13694:1996; ABNT/NBR 13697:1996; and ABNT/NBR 13698:2011
• People’s Republic of China: GB 2626-2006; and GB 2626-2019
• European Union: EN 140-1999; EN 143-2000; and EN 149-2001
• Japan: JMHLW-2000
• Republic of Korea: KMOEL-2014-46; and KMOEL-2017-64
• Mexico: NOM-116-2009

If respiratory protection must be used, and either acceptable National Institute for Occupational Safety and Health (NIOSH)-certified alternatives or alternatives that were NIOSH-certified except for having exceeded their manufacturer’s shelf life are not available for use in accordance with OSHA’s April 3, 2020 memorandum, employers may consider using respirators and filters certified under standards of other countries or jurisdictions, as specified in the enforcement guidance. Additional information related to the different certifications can be found here.

The memo provides information related to extending the use (or reuse) of N95 filtering facepiece respirators (FFRs) in addition to the use of expired N95 FFRs. Below are a few highlights from the memo:

• In the event extended use or reuse of N95 FFRs becomes necessary, the same worker is permitted to extend use of or reuse the respirator, as long as the respirator maintains its structural and functional integrity and the filter material is not physically damaged, soiled, or contaminated (e.g., with blood, oil, paint). Employers must address in their written RPPs the circumstances under which a disposable respirator will be considered contaminated and not available for extended use or reuse. (See memo for additional related requirements.)
• Employers may use only previously NIOSH-certified expired N95 FFRs found here. Workers should be notified that they are using expired N95s. (See memo for additional related requirements.)

CDC added new signs/symptoms of COVID-19 to the list:

• Congestion or runny nose
• Nausea
• Diarrhea

The CDC published additional recommendations for manufacturing workers and employers. The CDC provided information on:

• Creating a COVID-19 assessment and control plan
• Engineering controls
• Administrative controls
• Cloth face coverings
• Educating and training workers/supervisors
• Cleaning and disinfecting work surfaces
• Screening and monitoring workers
• Managing sick workers
• Addressing return to work
• Personal protective equipment

The CDC and the Environmental Protection Agency (EPA) published additional guidance for cleaning and disinfecting public places, workplaces, businesses, schools and homes.

• The CDC has updated their information on “Cleaning and Disinfecting Your Facility”. Included in the update is an updated version of “List N: Disinfectants for Use Against SARS-CoV-2 (COVID-19)” which is managed by the EPA.

PA's COVID-19 Early Warning Monitoring Dashboard. VISIT THE DASHBOARD.

Gov. Wolf: Sec. of Health Signs Expanded Mask-Wearing Order
With this order, signed under Dr. Levine’s authority under the Disease Prevention and Control Act, masks must be worn whenever anyone leaves home. The order takes effect immediately. Read more.

Q: What qualifies a pandemic safety officer, and what qualifications must the pandemic safety officer possess?

A: The pandemic safety officer is the individual designated by the business to provide information about how the employer is complying with all relevant orders and guidance. This individual should be familiar with all relevant orders and guidance and be able to provide workers on site with accurate, reliable guidance in this regard.

Gov. Wolf provided an update on the state’s reopening process. The Wolf Administration worked with the Pennsylvania Restaurant and Lodging Association to develop guidance on dining in both the yellow and green phases.

Return to Work Protocols

As we open America, employers can also expect to establish new health and safety protocols for the workplace such as mandatory health screenings and face coverings—that may remain in place for the foreseeable future. Reopening plans may include multiple mitigation steps, such as limits on occupancy, sanitation and physical distancing requirements, and new posting duties. For criteria, phase guidelines and preparedness tips, visit Opening Up America for additional reference.

Below are a few items contained in the guidance document that all businesses conducting in-person operations must perform:

• Clean and disinfect high-touch areas frequently and continue to regular clean all other areas of the buildings.
• Establish and implement a plan in case the business is exposed to a probable or confirmed case of COVID-19. This includes taking each employee’s temperature before they enter the business and sending home those who have a temperature of 100.4 degrees Fahrenheit, or higher. Ensure employees practice social distancing while waiting to have temperatures screened.
• Prevent large groups from entering or leaving the building by staggering work start and stop times.
• Conduct meetings and trainings virtually. If a meeting needs to be held in person, limit the number of employees to 10 and maintain a social distance of six feet.

The Wolf administration issued guidance for the construction industry.

Construction projects are required to:

• Maintain proper social distancing
• Provide hand washing and sanitizing stations for workers, as well as cleaning and sanitizing protocols for high risk transmission areas
• Identify a “pandemic safety officer” for each project or work site, or, for large scale construction projects, for each contractor at the site.
• The number of individuals permitted on enclosed portions of a project (non-residential) varies depending on the size of the enclosed site. (There was no additional guidance provided for this.)

Commercial construction firms should also strongly consider establishing a written safety plan for each work location containing site specific details for the implementation of this guidance to be shared with all employees and implemented and enforced by the pandemic safety officer. Contractors performing work at the direction of the commonwealth, municipalities or school districts should defer to those public entities to determine what projects may continue. Local governments may elect to impose more stringent requirements than those contained in the guidance and in such instances, businesses must adhere to those more stringent requirements.

Gov. Wolf: Health Secretary Signs Order Providing Worker Safety Measures to Combat COVID-19

PA issued guidance for worker protection for the critical/essential employers. The order establishes protocols to help employees maintain a social distance during work:

• Provide masks for employees to wear during their time at the business, and make it a mandatory requirement while at the work site, except to the extent an employee is using break time to eat or drink, in accordance with the guidance from the Department of Health and the CDC. Employers may approve masks obtained or made by employees in accordance with this guidance;
• Stagger work start and stop times for employees when practical to prevent gatherings of large groups entering or leaving the premises at the same time;
• Provide sufficient space for employees to have breaks and meals while maintaining a social distance of 6 feet, including limiting the number of employees in common areas and setting up seating to have employees facing forward and not across from each other;
• Conduct meetings and training virtually. If a meeting must be held in person, limit the meeting to the fewest number of employees possible, not to exceed 10 employees at one time and maintain a social distance of 6 feet.
• Prohibit non-essential visitors from entering the premises of the business;

Upon discovery of an exposure to a person who is a probable or confirmed case of COVID-19, businesses are also ordered to implement temperature screenings before employees enter the business prior to the start of work and send any employee home who has an elevated temperature of 100.4 degrees Fahrenheit or higher. Read Full Article Here.

Governor Murphy Signs Executive Order Lowering Limits on Indoor and Outdoor Gatherings.

• Effective Tuesday, Nov 17, 2020: Indoor Gatherings limited to 10 people max
  
• Effective Monday, December 7, 2020: Outdoor Gatherings limited to 25 people max

The latest COVID-19 updates for the state of New Jersey can be viewed here.

Updated Quarantine Advisory Issued for Individuals Traveling to New Jersey. Read More.

• Gov. Murphy announced Executive Order No. 171 was signed and will extend all Executive Orders issued under the Governor’s authority under the Emergency Health Powers Act for an additional 30 days. It also extends all actions taken by any Executive Branch departments and agencies in response to the Public Health Emergency presented by the COVID-19 outbreak.
  
• Gov. Phil Murphy released the multi-stage approach to reopen New Jersey.

• Governor Phil Murphy signed Executive Order No. 142, permitting the resumption of non-essential construction. The Order permits non-essential construction projects to resume effective at 6:00 a.m. on Monday, May 18^th. All construction projects must abide by the social distancing, safety, and sanitization requirements that are described in detail in the Governor’s Executive Order. A detailed list of requirements can be found on pages five through seven of the order.

CURFEW EXTENSION: Governor DeWine announced today that the Ohio Department of Health will be extending the 10 p.m. to 5 a.m. statewide curfew until January 2, 2021.

COVID-19 Update: 21-Day Statewide Curfew

The latest COVID-19 updates for the state of Ohio can be viewed here.

• Responsible Restart Ohio
• U.S. Department of Labor Cites Ohio Nursing Facilities for Failing to Fully
  Implement Respiratory Programs to Protect Employees from Coronavirus
  

The Interim Director of the Ohio Department of Health (DOH) issued a Second Order to Extend the Expiration Date of Various Orders. The second order will extend the Director’s Updated and Revised Order for Business Guidance and Social Distancing and will expire when the earlier of the State of Emergency declared by the Governor no longer exists, or the Director of the DOH rescinds or modifies the Order.

Amy Acton, Ohio Director of the Department of Health, revised the Director’s Order for Business Guidance and Social Distancing. Included in the Order are updated requirements for most businesses operating in Ohio. Below are a few sections of the Order to reference:

• Section 7 - Facial Coverings (Masks)
• Section 13 - Sector Specific COVID-19 Information and Checklist for Manufacturing, Distribution, and Construction
• Section 15 - Sector Specific COVID-19 Information and Checklist for General Office Environment

Amy Acton, Director of the Ohio Department of Health, rescinded portions of the current COVID-19 Stay Safe Ohio Order. Amy Acton, issued a Stay Safe Ohio Order. Effective 12:01 a.m. on May 4, 2020, manufacturing, distribution and construction businesses may reopen; however, certain actions must be performed. Section 21 of the order contains a list of 17 actions that must be performed in these settings.

Gov. Justice provides reminder that updated face covering requirement is now in effect & celebrates progress on another vaccine.

According to West Virginia state press coverage, the new order requires all West Virginians age 9 and older to wear a face covering at all times inside all indoor public places. This differs from the Governor’s initial indoor face covering requirement, which allowed masks to be removed in such places if adequate social distancing could be maintained. Under the new order, that exception no longer exists.

The new order also requires that all businesses and organizations that invite the public into their facilities must post adequate signage advising guests of the requirement and are also responsible for enforcing the requirement to ensure it is being followed.

Gov. Justice continues to encourage all West Virginians to be tested. The latest COVID-19 updates for the state of West Virginia can be viewed here.

Gov. Justice West Virginia first state in nation to begin testing all assisted living facility residents and staff for COVID-19. The Department of Health and Human Resources issued information on recommended daily health screenings.

Recommended questions for screening:

1. Have you or has anyone in your home had contact within the last 14 days with any person under screening/testing for COVID-19, or with anyone with known or suspected COVID-19?
2. Do you currently have any of the following symptoms?

• Fever (100.4°F or higher), or a sense of having a fever.
• New cough that you cannot attribute to another health condition.
• New shortness of breath that you cannot attribute to another health condition.
• New sore throat that you cannot attribute to another health condition.
• New muscle aches (myalgias) that you cannot attribute to another health condition, or that may have been caused by a specific activity (such as physical exercise).

If an individual answers YES to any of the screening questions, immediately activate your agency’s protocol for suspected COVID-19. The designated screener should consider:

• A review of the screening results.

• Recommendations for possible exclusion of the individual from the facility.

• Recommendations for medical follow-up.

MDHHS issues guidance to help keep workplaces safe. Read More.
The latest COVID-19 updates for the state of Michigan can be viewed here.

The Michigan Department of Health and Human Services revised and extended the epidemic order to contain the spread of COVID-19. Read the update here.

Michigan Launches Dozens of Free COVID-19 Test Sites Statewide. Learn More.

Michigan Department of Health and Human Services (MDHHS) Director Robert Gordon issued an Emergency Order on July 29 reinforcing Executive Orders 2020-160 and 2020-161 and allowing for civil fines of up to $1,000 and referral to licensing agencies for violations.

The Emergency Order requires that everyone must comply with the procedures and restrictions outlined in the following Executive Orders:

• Executive Order 2020-160, which limits statewide indoor gatherings to 10 people or less and, across most of the state, limits outdoor gatherings to 100. (The outdoor gathering limits will remain at 250 in Regions 6 and 8.) It also orders that bars in every region, including those in Regions 6 and 8, must close for indoor service if they earn more than 70 percent of their gross receipts from sales of alcoholic beverages
• Executive Order 2020-161, which orders businesses to develop COVID-19 preparedness and response plans, designate supervisors to implement and monitor those plans, and train employees on workplace infection control and use of personal protective equipment

The Department of Labor and Economic Opportunity (LEO) has toolkits available to help workplaces in Michigan stay safe. As a reminder best practices Michigan employees should follow include:

• Wash hands regularly for at least 20 seconds with soap and water,
• Limit contact with others by remaining six feet apart,
• Clean and disinfect frequently touched surfaces and tools routinely,
• Stay home if you or someone in your household is sick,
• Avoid touching your eyes, nose or mouth, and
• Practice self-screenings to check for any abnormal/new symptoms.

On July 10, 2020, in response to a recent increase in the number of positive COVID-19 cases in the state, Michigan Governor Whitmer issued an Executive Order requiring individuals to wear face masks covering their nose and mouth, and businesses to refuse to provide service to customers without face coverings. Read the latest report here.

Michigan OSHA released additional clarification for the construction and manufacturing industries that applies to (only) the state of Michigan. Below are a few of the requirements for the construction industry and the manufacturing industry (this is not an all-inclusive list). A full list of requirements can be viewed here.

Businesses or operations in the construction industry must:

1. Designate a site-specific supervisor to monitor and oversee the implementation of COVID-19 control strategies developed. The supervisor must remain on-site at all times during activities.
2. Conduct a daily entry screening protocol for workers, contractors, suppliers, and any other individuals entering a worksite, including a questionnaire covering symptoms and suspected or confirmed exposure to people with possible COVID-19, together with, if possible, a temperature screening.
3. Create dedicated entry point(s) at every worksite, if possible, for daily screening (if applicable).
4. Provide instructions for the distribution of PPE and designate on-site locations for soiled masks.
5. Encourage or require the use of work gloves, as appropriate, to prevent skin contact with contaminated surfaces.
6. Identify choke points and high-risk areas where workers must stand near one another and control their access and use so that social distancing is maintained.
7. Ensure there are sufficient hand-washing or hand-sanitizing stations at the worksite.
8. Notify contractors (if a subcontractor) or owners (if a contractor) of any confirmed COVID-19 cases among workers at the worksite.

Manufacturing facilities must:

1. Conduct a daily entry screening protocol for workers, contractors, suppliers, and any other individuals entering the facility, including a questionnaire covering symptoms and suspected or confirmed exposure to people with possible COVID-19, together with temperature screening as soon as no-touch thermometers can be obtained.
2. Create dedicated entry point(s) at every facility for daily screening.
3. Suspend all non-essential in-person visits, including tours.
4. Train workers on, at a minimum:
   1. Routes by which the virus causing COVID-19 is transmitted from person to person.
   2. Distance that the virus can travel in the air, as well as the time it remains viable in the air and on environmental surfaces.
   3. Symptoms of COVID-19.
   4. Steps the worker must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19.
   5. Measures that the facility is taking to prevent worker exposure to the virus.
   6. Rules that the worker must follow in order to prevent exposure to and spread of the virus.
   7. The use of personal protective equipment, including the proper steps for putting it on and taking it off.
5. Reduce congestion in common spaces wherever practicable.
6. Implement rotational shift schedules where possible.
7. Adopt protocols to limit the sharing of tools and equipment to the maximum extent possible.
8. Send potentially exposed individuals home upon identification of a positive case of COVID-19 in the facility.
9. Encourage workers to self-report to plant leaders as soon as possible after developing symptoms of COVID-19.
10. Shut areas of the manufacturing facility for cleaning and disinfection, as necessary, if a worker goes home because he or she is displaying symptoms of COVID-

All Businesses, operations, and government agencies must develop a COVID-19 preparedness and response plan.

The construction industry reopens May 7, 2020. The Dept. of Labor and Economic Opportunity highlighted requirements for employers and provided further guidance on best practices to protect Michigan workers and reduce the spread of COVID-19. Under the Executive Order, construction industry employers are required to:

• Designate a site supervisor to enforce COVID-19 control strategies.
• Conduct daily health screenings for workers.
• Create dedicated entry points, if possible, or issue stickers or other indicators to assure that all workers are screened every day.
• Identify choke points and high-risk areas (like hallways, hoists and elevators, break areas, water stations, and buses) and controlling them to enable social distancing.
• Ensure sufficient hand-washing or hand-sanitizing stations at the worksite.

The governor’s order also requires construction industry employers to:

• Develop a COVID-19 preparedness and response plan, consistent with recommendations in OSHA’s Guidance on Preparing Workplaces for COVID-19.
• Keep workers and patrons who are on premises at least six feet from one another to the maximum extent possible.
• Increase standards of facility cleaning to limit worker and patron exposure to COVID-19.
• Provide personal protective equipment such as gloves, goggles, face shields, and face masks as appropriate for the activity being performed.

The latest COVID-19 updates for the state of Illinois can be viewed here.

Executive Order 2020-74

• Practice social distancing. To the extent individuals are using shared spaces when outside their residence, including when outdoors, they must at all times and as much as reasonably possible maintain social distancing of at least six feet from any other person who does not live with them.
• Wear a face covering in public places or when working. Any individual who is over age two and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to cover their nose and mouth with a face covering when in a public place and unable to maintain a six-foot social distance. This requirement applies whether in an indoor space, such as a store, or in a public outdoor space where maintaining a six-foot social distance is not always possible.

All businesses must:

• Continue to evaluate which employees are able to work from home, and are encouraged to facilitate remote work from home when possible;
• Ensure that employees practice social distancing and wear face coverings when social distancing is not always possible;
• Ensure that all spaces where employees may gather, including locker rooms and lunchrooms, allow for social distancing; and
• Ensure that all visitors (customers, vendors, etc.) to the workplace can practice social distancing; but if maintaining a six-foot social distance will not be possible at all times, encourage visitors to wear face coverings; and
• Prominently post the guidance from the Illinois Department of Public Health (IDPH) and Office of the Illinois Attorney General regarding workplace safety during the COVID-19 emergency.

Requirements for manufacturers. Manufacturers must ensure all employees practice social distancing and must take appropriate additional public health precautions, in accordance with Department of Commerce and Economic Opportunity (DCEO) guidance, which include:

• Provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times;
• Ensure that all spaces where employees may gather, including locker rooms and lunchrooms, allow for social distancing; and
• Modify and downsize operations (staggering shifts, reducing line speeds, operating only essential lines, while shutting down non-essential lines) to the extent necessary to allow for social distancing and to provide a safe workplace in response to the COVID-19 emergency.

Requirements for office buildings. Employers in office buildings must ensure all employees practice social distancing and must take appropriate additional public health precautions, in accordance with DCEO guidance, which may include:

• Provide face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times;
• Consider implementing capacity limits where the physical space does not allow for social distancing;
• Allow telework where possible; and
• Develop and prominently post plans and signage to ensure social distancing in shared spaces such as waiting rooms, service counters, and cafeterias.

View WHO Coronavirus Disease (COVID-19) Dashboard for a global perspective on pandemic statistics.

The WHO has updated information related to how COVID-19 can spread from person to person. The WHO states: “In a small number of case reports and studies, pre-symptomatic transmission has been documented through contact tracing efforts and enhanced investigation of clusters of confirmed cases. This is supported by data suggesting that some people can test positive for COVID-19 from 1-3 days before they develop symptoms. Thus, it is possible that people infected with COVID-19 could transmit the virus before significant symptoms develop. It is important to recognize that pre-symptomatic transmission still requires the virus to be spread via infectious droplets or through touching contaminated surfaces.” The WHO also states: “Preliminary data suggests that people may be more contagious around the time of symptom onset as compared to later on in the disease.” During the WHO Director-General’s briefing, he stated that PPE is one of the most urgent threats to the collective ability to save lives. The WHO has shipped near 2 million items of PPE to 74 countries and is preparing to send additional PPE to 60 other countries.

The Amerisafe Group constantly monitors the COVID-19 pandemic and its impact on businesses. Like so many of you we have taken steps internally in response to COVID-19 to not only protect our employees, but also the many customers we continue to service during this crisis.

You may be struggling with managing COVID-19 and its impacts to your business. Amerisafe can help. We offer a variety of services for companies to assist them in protecting their employees and managing COVID-19.