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.

UN Leaders Urging Companies to Take Measures to Protect Seafarers’ Rights

The United Nations has issued a list of human rights to business enterprises that are engaged in the maritime industry to protect seafarers that may be stranded on ships due to new COVID-19 variants and government-imposed travel restrictions. The Human Rights Due Diligence Tool is a joint initiative by the UN Global Compact, UN Human Rights Office, International Labour Organization (ILO), and the International Maritime Organization (IMO).

The tool provides guidance and a checklist for cargo owners, charterers, and logistics providers to conduct human rights due diligence across their supply chains to identify, prevent, mitigate and address adverse human rights impacts for seafarers. 

Amid concerns about the number of crew stranded working beyond their contacts at sea due to COVID-19 restrictions, UN agencies hope the new guidance will help ensure that the working conditions are respected and comply with international standards. The guidance aims to ensure that seafarers have rights safeguarded, such as physical and mental health, and access to family life, and freedom of movement. 

Although the maritime industry contributes more than 80% of global trade goods, there have been reports that seafarers are working way beyond the 11-month maximum limit of service on board. An estimated 200,000 crew are stuck on commercial vessels globally amid recent attempts to prevent the spread of COVID-19. Unilever and other big retail brands are among consumer giants adopting a toolkit to audit their shipping supply chains to help bring seafarers stuck on commercial vessels back home and eliminate human rights risks. 

Any company that puts any cargo on ships will be encouraged to use the checklist, which includes asking ship owners and those who charter space on vessels to support crew changes and ensure clauses aren’t being added to contracts that prevent crew relief.