Friday, March 13, 2020 is often viewed as the day America began to feel the impact of COVID-19. The following week, businesses throughout the country either transitioned to remote work or had to reckon with how to operate in a different manner while trying to protect workers from exposure to the virus. Since then, the Occupational Safety and Health Administration (OSHA) has consistently resisted calls to adopt new standards that directly address the pandemic, and instead has issued guidance on enforcement discretion in relation to COVID-19. OSHA has chosen to rely on existing standards and apply them to COVID-19. All the while, the COVID-19 pandemic has resulted in an increased number of worker complaints and a delay in closing investigations as OSHA has attempted to clarify just how the standards that existed before the pandemic are to be applied to COVID-19-related risks and exposures in the workplace.
The following is a brief summary of OSHA’s response to COVID-19 to date and where enforcement measures currently stand.