OSHA Proposes Updates to Hazard Communication Standard

The Occupational Safety and Health Administration (OSHA) is scheduled to publish a notice of proposed rule update to its Hazard Communication (“Haz Com”) Standard on February 16th, 2021. This proposed change will align its rules with those in the seventh version of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

OSHA’s Haz Com was initially established in 1983, and it provides a systematized approach to communicating workplace hazards associated with exposure to hazardous chemicals. The Haz Com Standard is currently linked to the third version of GHS, which was created in 2012. In the Haz Com Standard, chemical manufacturers are required to classify the hazards of chemical which they produce or import into the US, and employers need to provide information to their employees about the hazardous chemicals to which they are exposed. This includes providing a hazard communication program, labeling and other forms of warning, safety data sheets, and training. The notice of proposed rulemaking will enhance worker protections by updating the Haz Com Standard, which should support more extensive efforts to address workplace hazards such as aggregate exposures and cumulative risk models. 

Some other key modifications included in the proposed rule include:

• New flexibility for labeling bulk shipments of hazardous chemicals, including allowing labels to be placed on the immediate container or transmitted with shipping papers, bills of loading, or by other technological or electronic means that are immediately available to workers in printed form on the receiving end of the shipment;

• New alternative labeling options where a manufacturer or importer can demonstrate that it is not feasible to use traditional pull-out labels, fold-back labels, or tags containing the full label information generally required under the Haz Com Standard, including specific alternative requirements for containers less than or equal to 100ml capacity and for containers less than or equal to 3ml capacity; and

• New requirements to update the labels on individual containers that have been released for shipment but are awaiting future distribution where the manufacturer, importer, or distributor become aware of new significant information regarding the chemical’s hazards.

OSHA will be accepting comments on the proposed rule until April 19th, 2021. Comments can be submitted at https://www.regulations.gov/. 

Trade Unions Calling on European Commission to Take More Action to Secure Workers’ Safety in Regards to COVID-19

Many companies are concerned that COVID-19 is not only a public-health issue but becoming an occupational health issue, as the workplace provides fertile ground for high transmission rates of the virus. If the European Union (EU) fails to guarantee workers’ health and safety, it will be more challenging to recover from the crisis. Trade unions are calling on the European Commission to formally recognize COVID-19 as an occupational disease. 

The European Trade Union Institute has provided evidence that the EU government is not doing enough to counter workplace risks from the pandemic, failing to provide adequate protective equipment for high-risk, front-line carers or implementing full safety measures for workers in healthcare, transport, retail, and other sectors. A survey on European Working Conditions found that people working from home are twice as likely to work 48 hours or more and six times more likely to work in their free time than others, which puts workers at a higher risk for anxiety to affect their mental health. About three in every five workers in the European Union report musculoskeletal disorders (MSDs), based on data from the sixth European Working Conditions Survey.  This has led the EU-OSHA to launch a campaign to offer tools and resources to help employers tackle MSDs effectively at any workplace in Europe. The campaign highlights three priority areas focusing on MSDs prevention, facts and figures, and chronic conditions, which all cover a specific topic related to MSDs. 

The deputy general secretary of the European Trade Union Confederation states that a new updated EU strategic framework should address many mobile and migrant workers’ living and working conditions in Europe. This will also ensure that employers fulfill their obligations to provide safe, hygienic workplaces and accommodations, with the EU-OSHA and the European Labour Authority. 

Can Businesses and Companies Require a COVID-19 Vaccine In The Workspace? What EEOC and OSHA Recommends

The Food and Drug Administration (FDA) has received two major applications from several pharmaceutical companies for emergency use authorization of a COVID-19 vaccine. The vaccine testing process includes:

• Preclinical testing

• Phase 1 safety trials

• Phase 2 expanded trials

• Phase 3 efficacy trials

• Early or limited approval

• Approval

Many companies are getting approved for emergency use authorization in different countries and are in their final testing phase, such as the New York-based Pfizer and German company BioNTech. On December 8th, the FDA released that their specific vaccine has an efficacy rate of 95%, and these preliminary results have led to authorizations across the world. The United Kingdom became the first Western country to approve the coronavirus vaccine for emergency use with injections beginning on December 8th and December 9th for Canada. 

As Pfizer, Moderna, and AstraZeneca are all finishing up testing in their final phases, employers will need to decide whether they can direct employees to get a vaccine as a requirement before returning to work. While the U.S. Equal Employment Opportunity Commission (EEOC) has not provided official guidelines for the COVID-19 vaccine yet, they have updated their Pandemic Preparedness for the Workplace guidance, issued in 2009 in response to the H1N1 outbreak. The update suggests employers and employees follow guidance from the Centers for Disease Control and Prevention (CDC) and state/local public health authorities to slow the spread of the disease and protect workers, clients, and the public. In addition, the EEOC has declared that COVID-19 meets the ADA’s “direct threat standard,” which permits employers to engage in broader procedures than generally allowed under the ADA. The Occupational Safety and Health Administration (OSHA) has also not released official guidelines related to the COVID-19 vaccine, but in a 2009 letter of interpretation of flu vaccines, the agency said employers could require the vaccine, with the exception of medical reasons. OSHA also published a fact sheet in 2014 that states that employers can mandate vaccines to reduce infection risk in the workplace. Both the EEOC and OSHA will issue new guidance after a vaccine has received approval by the FDA. 

What can employers do to prepare? 

The CDC and the Advisory Committee on Immunization Practices (ACIP) has updated several guidelines in response to the COVID-19 vaccine, which gives information about the upcoming vaccine, and who should receive it. Even though it may be months until the vaccine is available to the general public, employers must start preparing. Here is how employers can start based on guidance from a recent Mercer webinar: 

Plan

• Create a committee to plan and develop a vaccination strategy for your company. 

• Determine how you will support employees in getting the vaccine. 

Connect

• Talk to your insurance carrier and learn about their plans and potential resources in supporting the COVID-19 vaccinations. 

• Check with the local public health department, wellness vendors, and vaccination providers to see what resources are available to support your vaccination plan.

Support

• Share information and set expectations with your employees

• Encourage employees to receive the vaccine when it is available. It is not too early to start communicating. 

• Continue to support virtual work and employee wellbeing through 2021.