The Biden administration released two executive orders imposing workplace safety measures on federal contractors and calling for increased COVID-19 safety protocols for all employers, and is expected to release a third setting the stage for a $15 minimum wage and paid leave mandates for federal contractors.
The Executive Order on Protecting Worker Health and Safety calls upon the federal government to “take swift action to reduce the risk that workers may contract COVID-19 in the workplace.” The EO states that this will involve “issuing science-based guidance to help keep workers safe from COVID-19 exposure” and “enforcing worker health and safety requirements.”
New guidance, a workplace safety standard, and stepped-up enforcement: The EO directs the Secretary of Labor to issue, within two weeks, revised guidance to employers on workplace safety during the COVID-19 pandemic. Further, the EO strongly encourages OSHA to consider issuing an emergency temporary COVID-19 workplace safety standard by March 15, 2021, and to review OSHA enforcement efforts and focus on issues “that put the largest numbers of workers at serious risk.”
A separate Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing requires federal employees and contractors to wear masks and engage in physical distancing protocols while inside government buildings and on federal lands. The EO directs the White House COVID-19 Response Coordinator, a new position created by President Biden, to release guidance to the agencies regarding the mandate. Individual agencies can make case-by-case exceptions to the mask mandate where appropriate but must provide “appropriate alternative safeguards.” The EO also creates the “Safer Federal Workforce Task Force” to provide ongoing guidance regarding COVID-19 safety measures for federal workers and contractors.
According to a White House Fact Sheet, President Biden was also expected to sign an executive order directing agencies to prepare for a requirement within the next 100 days that federal contractors pay a $15 minimum wage and provide emergency paid leave to workers.
The executive orders are a part of President Biden's National Strategy for the COVID-19 Response and Pandemic Preparedness, which you can read about in a separate story here.
Outlook: The Biden administration was expected to take quick action on COVID-19 workplace safety measures. Employers should expect significantly increased enforcement actions from OSHA regarding COVID-19 workplace safety measures, as well as a workplace safety standard, which will likely be issued well ahead of the March 15 deadline.