Good-faith Efforts Taken into Consideration

OSHA inspectors will consider employer good-faith efforts in complying with safety and health regs during the COVID-19 pandemic. Because the pandemic could limit the availability of essential safety and industrial hygiene services, the agency is asking its inspectors to assess an employer’s good faith efforts.

Compliance After Re-opening

Current infection control practices may limit the availability of third parties who normally provide training, auditing, equipment inspections, testing and other such services. With that in mind, OSHA is asking its inspectors to assess an employer’s efforts to comply with standards requiring annual or recurring audits.

Compliance officers are asked to evaluate if the employer:

  • explored all options to comply with applicable standards
  • implemented interim alternative protections, such as engineering or
  • administrative controls, and
  • rescheduled required annual activity as soon as possible.

Employers that can’t comply with requirements because the workplace was closed should make a good faith attempt to do so soon after re-opening. This guidance will remain in place until further notice.

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