On January 21, 2021, President Biden signed an Executive Order on Protecting Worker Health and Safety. Pursuant to the executive order, OSHA issued guidance on January 29, 2021 that includes extensive information for structuring and implementing an effective COVID-19 Prevention Program to protect their workforces.
The guidance states that it is “advisory.” However, failure to follow the guidance may expose employers to, among other risks, OSHA citations and substantial penalties for violating the OSHA general duties clause. In this regard, the executive order calls for increased OSHA enforcement and the guidance is a starting point for such enforcement.
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