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.

The EU Is Preparing to Launch Legal Proceedings Against Vaccine Producer AstraZeneca Over Vaccine Shortfalls

The European Union and pharmaceutical giant AstraZeneca have had a rough vaccine rollout, and many are complaining that regulators were too slow to approve the shots. AstraZeneca repeatedly slashed its delivery commitments, telling the public that they could not deliver as many vaccines as the bloc was counting on, which has led to delays in the COVID-19 vaccine in 27 EU nations. 

The European Commission raised the matter at a meeting of EU ambassadors Wednesday, during which the majority of EU countries said they would support suing the company on the grounds that it massively under-delivered pledged coronavirus vaccine doses to the bloc. However, five to six countries have raised concerns about launching a lawsuit against AstraZeneca, saying that the lawsuit wouldn’t guarantee that the EU got more doses. 

Some ambassadors also felt that launching a lawsuit would damage the image of AstraZeneca, diminishing citizens’ trust in the vaccine. In March, European Commission President Ursula von der Leyen had expressed disappointment with AstraZeneca during a press conference, saying that “AstraZeneca has unfortunately under-produced and under-delivered. And this painfully, of course, reduced the speed of the vaccination campaign.” AstraZeneca’s CEO Pascal Soriot had told EU lawmakers in February that low yields at EU production plants were causing the delays. 

EU countries also discussed on Wednesday contracts for more EU vaccines, following the Commission’s announcement last week that the EU secured 1.8 billion BioNTech/Pfizer vaccines through 2023. According to a diplomat, some ambassadors worried that the EU essentially is giving Pfizer a “monopoly” and said the EU needs to have a broad portfolio of vaccines. 

A spokesman for AstraZeneca said the company was not aware of any legal proceedings "and continues to hold regular discussions on supply with the commission and member states.” The EU has also decided not to take up an option to buy 100 million extra doses of AstraZeneca under the contract, after safety concerns about very rare cases of blood clots linked to the vaccine as well as supply delays.

Identifying Counterfeit and Fake N95 Masks

Approximately 10 million fake 3M N95 masks have been distributed in at least five states, and federal, and state authorities are managing to seize and cease the counterfeit ring. The masks are designed to mimic 3M N95 masks, with details including raised marking and printed logos. As a response, 3M has issued a warning describing the model and lot numbers to look out for when purchasing masks. 

The National Institute of Occupational Safety and Health (NIOSH) has also released a guide on how to spot masks that are falsely claimed to be approved by the NIOSH. NIOSH-approved masks will have an official approval label on or within the packaging, and the filtering facepiece respirator (FFR) of the N95 masks should also have an abbreviated approval. 

The NIOSH Certified Equipment List (CEL) or the NIOSH Trusted-Source page can be used as a resource to verify and determine whether NIOSH has approved the respirator. The approved FFRs include N95, N99, N100, R95, R99, R100, P95, P99, and P100.  

Signs that a respirator may be counterfeit:

• No markings at all on the filtering facepiece respirator (FFR).

• No approval (TC) number on FFR or headband.

• No NIOSH markings.

• NIOSH spelled incorrectly.

• Presence of decorative fabric or other decorative add-ons (e.g., sequins).

• Claims of approval for children (NIOSH does not approve any type of respiratory protection for children).

• FFR has ear loops instead of headbands.

NIOSH also offers additional tips on how to identify counterfeit masks, including third-party marketplaces. Some things to consider include: 

• If a listing claims to be “legitimate” and “genuine,” it likely is not.

• Examine transactions history and feedback if possible

• Look for fluctuations of items traded over time (high or low transaction periods)

• Look for price deviations and fluctuations (Is it too good to be true?)

• Look at the quantity a buyer has in stock.

• During a time of shortage, advertising “unlimited stock” could indicate that the respirator is not approved.

• Does the seller break marketplace policy and hide their contact information within images to circumvent filters.

OSHA Proposes Updates to Hazard Communication Standard

The Occupational Safety and Health Administration (OSHA) is scheduled to publish a notice of proposed rule update to its Hazard Communication (“Haz Com”) Standard on February 16th, 2021. This proposed change will align its rules with those in the seventh version of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

OSHA’s Haz Com was initially established in 1983, and it provides a systematized approach to communicating workplace hazards associated with exposure to hazardous chemicals. The Haz Com Standard is currently linked to the third version of GHS, which was created in 2012. In the Haz Com Standard, chemical manufacturers are required to classify the hazards of chemical which they produce or import into the US, and employers need to provide information to their employees about the hazardous chemicals to which they are exposed. This includes providing a hazard communication program, labeling and other forms of warning, safety data sheets, and training. The notice of proposed rulemaking will enhance worker protections by updating the Haz Com Standard, which should support more extensive efforts to address workplace hazards such as aggregate exposures and cumulative risk models. 

Some other key modifications included in the proposed rule include:

• New flexibility for labeling bulk shipments of hazardous chemicals, including allowing labels to be placed on the immediate container or transmitted with shipping papers, bills of loading, or by other technological or electronic means that are immediately available to workers in printed form on the receiving end of the shipment;

• New alternative labeling options where a manufacturer or importer can demonstrate that it is not feasible to use traditional pull-out labels, fold-back labels, or tags containing the full label information generally required under the Haz Com Standard, including specific alternative requirements for containers less than or equal to 100ml capacity and for containers less than or equal to 3ml capacity; and

• New requirements to update the labels on individual containers that have been released for shipment but are awaiting future distribution where the manufacturer, importer, or distributor become aware of new significant information regarding the chemical’s hazards.

OSHA will be accepting comments on the proposed rule until April 19th, 2021. Comments can be submitted at https://www.regulations.gov/. 

OHSA Presents New COVID-19 Guidelines and Restrictions Addressing Workplace Ventilation and Safety for Employers

Throughout the pandemic this year, the Occupational Safety and Health Administration (OSHA) has been criticized for lax regulations in several industries including meatpacking. Since the beginning of the coronavirus pandemic through October 29th, 2020, OSHA has issued citations from 179 inspections for violations of work safety, and penalties totaling $2,496,768. Some of the violations include failure to: 

implement a written respiratory protection program, report an injury, illness, or fatality, provide medical evaluation, and training on the correct use of personal protective equipment. 

A complaint was filed in April describing the insufficient precautions at a Maid-Rite meatpacking plant in Dunmore, PA. The company failed to notify workers about the potential exposure to COVID, and OSHA designated that meatpacking facilities to be only “medium risk” and would not rush to conduct a formal inspection. Because of this OSHA has come under intense criticism this year, and a lawsuit from Maid-Rite was filed in July. 

In response to this, OSHA has issued guidance and a one-page document to help employers understand which regulations are cited most during coronavirus-related inspections. The guidance includes a description of the violations and available resources to better ensure that employers are adequately protecting workers. 

OSHA also published new guidance on ventilation in the workspace, which recommends that employers work with heating, ventilation, and air conditioning (HVAC) professionals to improve ventilation in a building to lower the potential risk of COVID-19 exposure.  Some of the tips to improve ventilation that OSHA recommends includes:

• Encourage workers to stay home if they are sick

• Remove personal fans to prevent blowing air from one person to another worker 

• Open windows or other sources of fresh air if possible 

• Increase the HVAC outdoor air intake 

• Ensure exhaust fans in restrooms are fully functional and set to always remain on.