OSHA Update September 2021
Safety Consultant with Sheldon Primus
OSHA Update September 2021
September 13, 2021
In this episode, Sheldon goes over the Presidential Speech in the US about the COVID-19 vaccination of US workers. He reads the portion of the speech that regard OSHA requiring vaccination and his thoughts on how to consult your clients about this pending rule.
Keywords: OSHA, Compliance, Presidential Speech, US Government, Department of Labor, PPE, Respiratory Protection, Subpart U, OSHA Compliance, Sheldon, Primus, EHS, Safety Consulting, Politics, American, Joe Biden, COVID19, Coronavirus, OSHA Jurisdiction, General Industry, Construction, CDC, Close Contact

[00:00:03] spk_1: this episode is powered by safety FM.

[00:00:17] spk_0: Welcome to the safety consultant podcast. I am your host

[00:00:20] spk_1: showing promise.

[00:00:21] spk_0: This is the podcast where I teach you the business of being a safety consultant. All right,

[00:00:32] spk_1: well,

[00:00:34] spk_0: this is the first episode back from me actually doing A live event. So the live event that I did was this Saturday past Saturday, which is September 11, 2021. And I did it on a saturday because I didn't want to have to anybody sneaking in from work doing anything. But I definitely want to make sure that I was going to help everyone before the end of the year to get done what you needed to get your business going. So this year, what I'm going to do this year, This episode, yeah, this whole episode is going to take one year. I know this episode. This is what I'm gonna do. We're actually going to go ahead and review what the president biden did say about OSHA. So we're going to call this a quick OSHA update. The time of this recording is a lot later than I normally do my recordings. But I was trying to wait to see if OSHA is going to release anything else I can expecting maybe over the weekend. We'll see something but did not. So we're gonna go ahead and give you my initial thoughts on what was happening over here. So that's what we can do for this episode and I just really want to just focus in on that. All right, So let's go through this What I'm looking at here and you guys can't see this obviously. But I can because it's on my computer. So what I'm looking at right now is going to be, it is the speech that the president made on September 9, 2021 about fighting the COVID-19 pandemic. Uh the president was very, very specific about what he wanted to do, gave time frames and everything else. So the OSHA side is part of this attack. So he is going to first was to sign an executive order for anyone that's in the executive branch, any federal employees to be vaccinated. And then he mentioned the Department of labor and here's the wording and this is directly reading from the statement from the White House. The Department of labor will require employers with 100 or more workers to give those workers paid time off to get vaccinated. So that's the first thing this is doing is telling you that yes, it will be paid if you go get vaccinated. So it's being mandated and it's so mandating meeting will require um, the deal Dll when they're finished with this. That's what the temporary standing will be. Uh no one should lose pay in order to get vaccinated or to be or to take a love want to get vaccinated And this is me, continue reading from the briefing today. In total the vaccines required by plant in my plan will affect 100 million americans, two thirds of all workers. And for this other sector, I issue this appeal to those of you running large event entertainment venues from sports arena to concerts and movie theaters, please require folks to get vaccinated, show negative test or show negative test conditions for entry. So that's one of the agencies he's talking about for labor. There is no relationship between OSHA meaning employer employee is the only relationship OSHA has. There's no relationship between employer or to say customer and client that OSHA has jurisdiction over. So that's why the worrying is implore however, there are some agencies where for instance, let's see, I'm scrolling down a little bit more for the warning for department of labor. There's one more big thing. Uh, my job as president is to protect all americans. So tonight, and I'm announcing that the department of Labor is developing an emergency rule to require all employers with 100 or more employees that together employ over 80 million workers to ensure their workforces are fully vaccinated condition one or show a negative test at least once a week condition too. And then he went on to say some of the biggest companies are already requiring this United Airlines Disney, Tyson food and even Fox News. Uh, bottom line, we're going to protect vaccinated workers from unvaccinated workers. So there's going to be the wording here. That is the legal precedent because now under the 581 jurisdiction, OSHA says that I call it the, you know better rule. So OSHA says that you know, that you need to protect your workers from anything that's going to be hazardous or likely to cause them hazard. And there's a four major components of that that you have to look for. At first she didn't have a standard. 2ndly, it's um, that it was a fees of Now, that's the last one. First, there's no standard one is that there is a recognized hazard uh, to that there's um, uh, let's see, well that there is a hazard and that the hazard is recognized. Those are two conditions in itself. Then the third is that your could be able to find a nice feasible way of making sure that the workers are protected from that hazard. And I'm forgetting the fourth condition. But generally speaking, the warning that's here, that says the bottom line, we're going to protect vaccinated workers from unvaccinated workers. That's the jurisdiction part of why OSHA is the one that's going to do this. We're going to reduce the spread of COVID-19 by ISH, by increasing the share of the work force that is vaccinated in business across America. So I guess the overall reduction, the my interpretation of what the president is doing here is he is looking for a big impact. So therefore department of Labor would do that. And the part I read first about the vaccine is actually just to go with, I should say paying for time to take to get the vaccine That one is actually you know second. The first thing is you're going to get vaccinated or show once a week test of negative Covid that in itself. It's the only reason why you hear me like breathe like I normally do. But this one in in a thoughtful way. Here's my thought. I'm not too sure how this is going to come out unless I get a hold of the temporary emergency standard which I waited all day to see if I could get and I just can't to go with this OSHA update. So I got to release this podcast for you guys. I don't want to miss a week. So here's my interpretation right now. If you're saying that you're going to show a negative test at least once a week, there is some wording in that at least once a week part that I may see some leeway because right now if we're seeing once a week is sufficient for OSHA standard. But yet the C. D. C. Is telling you exposure is happening more which is within six ft of somebody. If I'm recalling the C. D. C. S guidance for close contact as being six ft within 15 minutes. Then Knowing also that we're talking about epidemiology with uh saying contact for 15 minutes is going to be where you could get some sort of exposure to COVID 19. Then I'm thinking why are we going to say a negative test at least once a week? Because it's possible that within 15 minutes, if it's close contact, someone could become a spreader. Is there some sort of terminology or some epidemiology reason that only once a week is enough as opposed to daily. I don't know. That's that's one of the things that may actually be a legal um a a point that you may have contention that says why then is then weekly good. If the C. D. C. Is saying six uh if you're within six ft and 15 minutes, Then shouldn't that mean as soon as I'm out of someone's presence for 15 minutes or if I want to give it some gestation period. However that works. I do not know. I'm just leading me through the mindset, then that is going to lead you to why aren't we saying more? If we're not saying to test more than why are we saying just once a week, that's going to lead to the terminology. That's probably going to be what the answer would be. And that terminology is going to be this ocean wants to make sure that they're not burdensome on the employer. And I am interpreting that paragraph as oh she's saying weekly though. Yes you could contract it and be positive and spreading more than a week. And then if you're going to have to do contact tracing and now you got to figure out when you do your weekly test on friday how many people this individual came in contact with throughout the whole week. Uh including clients and customers and everything else that can also be burdensome. So there's two kind of path too burdensome. One burdensome could be testing too often. Where if you're testing someone every day that might be too often to them burdensome in your business because this time energy and effort resources for that or contact tracing. If you don't test enough, look at all the other people, you're gonna end up having to do contact tracing or you may end up having to do quarantining with part of your staff and that's going to set you back. I'm just saying this is a hot spot over here. I'm just giving you guys some things to think about. There's a lot of considerations if I'm a consultant, which I am and I'm teaching you guys the business of being consultant. Those are some of the things you got to think about. You're gonna get ready to help represent your clients on. I'm giving you this OSHA update through one thing right now. And that one thing is this actual executive order. So that is our OSHA compliance for this episode. I'm not gonna go into any more of that because it's a lot to digest on the one topic and I got to actually digest myself. I'm waiting for that emergency temporary standard. I'm going to really dig into 1910 support you, which is a temporary standard for coronavirus for health care. So I'm going to do all that. But right now, I'm gonna tell you could get

[00:12:13] spk_1: him. This episode has been powered by safety FM views and opinions expressed on this podcast or broadcast. Are those of the post and its guests and do not necessarily reflect the official policy or position of the company. Examples of analysis discussed within the past hour are only examples. They should not be utilized in the real world as the only solution available as they are based on very limited and needed. Open source information, assumptions made within this analysis are not reflective of the position of the company. No part of this podcast or broadcast may be reproduced stored within retrieval system or transmitted in any form or by any means mechanical, electronic recording or otherwise, without prior written permission of the creator of the podcast or broadcast. Sheldon brightness. Mm hmm.