What to Expect from OSHA as the Biden Administration Gears Up for 2021

This past week, the Occupational Safety and Health Administration (OSHA) released updated guidance on safety in the workplace related to COVID-19. This comes on the heels of President Joe Biden’s executive order on workplace safety. The Biden administration has hit the ground running as it relates to the pandemic. What should we expect in the coming weeks from OSHA and the Department of Labor for the waste and recycling industry?

First, Boston Mayor Marty Walsh’s hearing with the U.S. Senate Committee on Health, Education, Labor and Pensions is scheduled for February 4. Mayor Walsh will not be questioned on all aspects of the Department of Labor. I can imagine that he will have questions on a wide variety of issues, from the status of independent contractors, to international trade agreements related to protecting workers’ rights, to a myriad of questions directed toward the pandemic. The pandemic questions will likely cover topics such as unemployment insurance, workplace training, safety of farmworkers and his stance on the issuing of an emergency temporary standard from OSHA and the Mine Safety and Health Administration. How Mayor Walsh responds to the myriad of questions he will receive will be telling as to what to expect from his leadership at the Department of Labor. I will be watching to see if he answers the questions directly, or if he deflects them.

As for what to expect at OSHA, we can see that OSHA has gotten off to a quick start with Jim Frederick as acting assistant secretary, Ann Rosenthal as senior advisor and Patricia Smith as senior counselor to the secretary issuing updated guidance. The updated guidance enhances OSHA’s recommendation to involve workers in the hazard assessment, adds language about vaccinations and strengthens language on protecting workers from retaliation. OSHA has also previously published additional guidance specific for Solid Waste and Wastewater Management Workers and Employers.

To date, four state plans have issued COVID-19 regulations—California, Michigan, Oregon and Virginia—and President Biden has instructed OSHA to “consider whether any emergency temporary standards on COVID-19, including with respect to masks in the workplace, are necessary, and if such standards are determined to be necessary, issue them by March 15, 2021.” During the rollout of the updated guidance, the new OSHA political staff was very careful not so show their hand to the direction of an emergency temporary standard.

Given that the average OSHA standard takes upwards of seven years to promulgate, a standard in two months would be a herculean task. The next week will be telling as to the direction of an OSHA emergency temporary standard. Does Mayor Walsh fully endorse the execution of a standard during his hearing, or does he defer to after confirmation? I will be watching closely on Thursday to get a better idea of the nominee’s inclination for an emergency temporary standard.