OSHA Changes Focus of the COVID-19 National Emphasis Program (NEP)

The Occupational Safety and Health Administration (OSHA) recently made substantial changes to its National Emphasis Program (NEP) for COVID-19, including removing some industries from the list of targets for intensified inspection activities. 

OSHA also made a new name for the program, which will no longer be called the NEP but will be designated as the Interim Enforcement Response Plan (IERP). The original NEP and the new IERP will only apply in the states subject to federal OSHA enforcement and do not apply to the states with their own occupational safety and health agencies. 

Last March, the agency announced the creation of the NEP for COVID-19 enforcement action focusing on employers in higher hazard industries. The NEP mandates that 5% of each OSHA region’s total inspections must be related to COVID-19, resulting in a total of about 1,600 inspections. NEPs are temporary programs that focus OSHA's resources on particular hazards and high-hazard industries. Other NEPs adopted since 2008 have dealt with combustible dust, hazardous machinery, hexavalent chromium, lead, primary metal industries, process safety management, shipbreaking, crystalline silica, and trenching and excavation.

The creation of the NEP for COVID-19 initially targeted the healthcare industry, including hospitals, healthcare providers, assisted living facilities, and home healthcare services. In May of 2020, the NEP focused on targeting restaurants, including both full-service and limited-service establishments. 

Among the changes included in the IERP issued on July 7, the revised directive shrinks the number of targeted industries whose workers are identified as being most at risk for COVID-19 exposure. Those covered by the program still include healthcare, and some non-healthcare industry segments are considered a higher risk, such as meat and poultry processing and warehousing.