Recently, we reported to the NIA Board of Directors both new and continuing concerns about OSHA’s enforcement of steps that employers are required to take to protect employees from COVID‑19. OSHA released a statistic indicating that more than $2.8 million in penalties have been issued related to COVID-19 violations. These citations have primarily been issued under the General Duty Clause, OSHA recording/ reporting standards, and the respiratory protection standards. Please remember—while the penalty you might receive for a General Duty Clause citation may not be large, OSHA will not negotiate the classification of a General Duty Clause violation below the “serious” classification. Even though federal OSHA still has not developed an Emergency Temporary Standard for COVID-19, it is taking COVID-19 seriously. As cases of COVID-19 surge across the country, there is growing concern about keeping our employees safe at work.

There are two steps you need to take to protect your employees from exposure to COVID-19 and to avoid a General Duty Clause citation from OSHA for not doing enough. To protect your employees you need: (1) a COVID-19 protection plan (this should be a subpart of your Pandemic Protection Plan, and your Pandemic Protection Plan could be part of your Emergency Action Plan); and (2) to make absolutely sure that the field supervisors and managers you entrust with the safety of your field employees fully understand your requirements for COVID-19 protection. They need to understand that it is their responsibility to ensure (guarantee) that every aspect of your plan/ program is followed and enforced in the field on every jobsite, every day! This means enforcing all parts of your COVID-19 protection
plan every minute on the jobsite.

The number of complaints by employees concerning COVID-19 exposure covers a wide range of issues. The complaint we are seeing most frequently is that an employer is not enforcing social distancing and/or face coverings on all jobsites at all times. A second complaint is that employers are requiring employees to ride in crew-cab trucks to the jobsite (this is sometimes coupled with not enforcing a face- covering rule).

To assist you in working with your employees and site supervisors, we offer a checklist for employees that your site supervisors can use as a toolbox talk, and bullet-point lists you can distribute to all employees (one for jobsites and a different one for office staff). Not only should the checklist be used to train field and office employees, but we also suggest that the checklist be posted on each jobsite as a reminder to all employees and also to supplement the bullet-point list at the end of this article.

COVID-19 SAFETY CHECKLIST FOR EMPLOYEES

All Employees

• Every day, prior to coming to work, you must self-monitor for symptoms of COVID-19, including fever, chills, shortness of breath/difficulty breathing, fatigue, muscle or body aches, headache, loss of taste or smell, sore throat, congestion/runny nose, nausea, vomiting, or diarrhea. If you are symptomatic, stay home and call your physician for further instruction. Do not report to work until released to do so by your doctor or until you are symptom-free for 24 hours without the use of medication.
• Take your temperature before arriving at work. If you have a temperature of greater than 100.4 degrees, stay home and call your physician. Do not report to work until released to do so by your doctor or until you are free of fever and other symptoms for 24 hours without the use of medication.
• If you develop symptoms while you are working, you must immediately put on a mask, if you are not already wearing one, and notify your site supervisor.

Field Employees

• Avoid physical contact with others and maintain at least six feet of social distance with other employees/contractors/visitors, where possible.
• When it is not possible to maintain six feet of separation from others on the jobsite, you must wear a face covering, unless doing so presents an additional safety hazard.
• Do not travel with other persons in crew-cab trucks or other vehicles. This applies to all vehicle travel, whether to and from a jobsite, to and from lunch, etc. In the event it is necessary for employees to share a vehicle, only two persons may share the vehicle, and the passenger must sit at the greatest distance possible from the driver. Both the passenger and the driver must wear masks and, if possible, open windows to ensure adequate ventilation.
•  All employees must maintain a social distance inside job trailers. Where the company has identified a maximum occupancy for a trailer, do not exceed the maximum occupancy.
• Do not congregate with others on the jobsite during breaks or lunchtime.
• Use an alcohol-based wipe to clean tools before and after each use, if tools are to be shared.
• If you are the only person using a particular tool throughout your shift, clean it with an alcohol wipe before you begin work and at the end of your shift.
• Make every effort to operate/drive the same truck or piece of equipment during every shift.
• Wash hands (see below for more instructions) or use hand sanitizer at the following times:
• Before and after work shifts and breaks.
• After blowing your nose, coughing, or sneezing.
• After using the restroom.
• Before eating and before and after preparing food.
• After touching objects that have been handled by coworkers, such as tools and equipment.
• Before putting on and after taking offwork gloves.
• After putting on, touching, or removing cloth face coverings.
• Before donning or doffing eye or face protection (safety glasses, goggles, etc.).
• If facilities for hand washing are available, hands should be washed with soap and water for a minimum of 20 seconds. Hands shall be dried on disposable paper towels. The used towels shall be disposed of in a lined trash receptacle, which will also be provided.
• Do not throw any trash on the ground.
• Do not touch your eyes, nose, or mouth.
• If you must sneeze or cough, do so into a disposable tissue, and then immediately dispose of the tissue in an appropriate trash receptacle. If a tissue is not available, cough or sneeze into the crook of your elbow. Immediately wash your hands with soap and water for at least 20 seconds, or use hand sanitizer.

Office Employees

• You must maintain six feet of social distance from others at all times.
• In all locations where you cannot maintain a social distance of six feet from others, you must wear a face covering.
• Meetings must be conducted virtually through video conference or teleconference.
• Frequently wash your hands with soap and water for at least 20 seconds. When soap and running water are unavailable, use an alcohol-based hand rub with at least 60% alcohol.
• Avoid touching your eyes, nose, or mouth with unwashed hands.
• If you must sneeze or cough, you must do so into a disposable tissue, which shall be properly disposed of in a provided trash receptacle. If a tissue is not available, you should cough or sneeze into the crook of your elbow. Immediately wash hands with soap and water for at least 20 seconds, or use hand sanitizer.
• Avoid close contact with people who are sick.
• Increase air circulation by opening windows when possible.
• Ensure that personal fans are not located in a position that would direct air from one worker
  to another.

COVID-19 SAFETY CHECKLIST FOR EMPLOYEES

As a reminder of the COVID-19 protection steps required of each employee on the jobsite, we recommend that a copy of the bullet points below be provided to each field employee. They should bring it with them to the jobsite each day.

• Every day prior to coming to work, you must self-monitor for symptoms of COVID-19. Do not come to work if you are symptomatic.
• Take your temperature before arriving at work. If you have a temperature of greater than 100.4 degrees, stay home and call your physician.
• If you develop symptoms while you are working, you must immediately put on a mask and notify your site supervisor.
• Avoid physical contact with others. Maintain at least six feet of social distance.
• When you cannot maintain six feet of social distance, you must wear a face covering.
• Do not travel with other persons in crew-cab trucks or other vehicles.
• All employees must maintain a social distance inside job trailers.
• Do not congregate with others on the jobsite during breaks or lunchtime.
• Use an alcohol-based wipe to clean tools before and after each use.
• Make every effort to operate/drive the same truck or piece of equipment every shift.
• Wash hands or use hand sanitizer frequently, and at designated times.
• In the event that facilities for hand washing are available, hands should be washed with soap and water for a minimum of 20 seconds.
• Do not throw any trash on the ground.
• Do not touch your eyes, nose, or mouth.
• If you must sneeze or cough, do so into a disposable tissue, or into the crook of your elbow. Then wash/sanitize hands.