Protecting Worker Health and Safety

This executive order directs the Department of Labor to strengthen COVID-19 workplace protections through revised OSHA guidance, potential emergency temporary standards, enhanced enforcement, and multilingual outreach. It also extends coordination to state-level worker protection programs and explores protections for workers not covered by the Occupational Safety and Health Act.

Federal Register Open PDF 86 FR 7211

Impact dates

Mar 15, 2021
Emergency temporary standards on COVID-19 if determined necessary
Feb 4, 2021
Revised OSHA guidance to employers on workplace safety during COVID-19

Key directives

Issue revised COVID-19 workplace safety guidance within 2 weeks of January 21, 2021
Consider and if necessary issue emergency temporary standards including mask requirements by March 15, 2021
Review OSHA COVID-19 enforcement and identify short-, medium-, and long-term improvements
Launch national OSHA enforcement program focused on high-risk violations and anti-retaliation
Conduct multilingual outreach campaign on worker rights with emphasis on hardest-hit communities
Coordinate with states having approved occupational safety and health plans under 29 U.S.C. 667
Consult with state/local entities and public employee unions in states without approved plans
Explore mechanisms to protect workers not covered under the Occupational Safety and Health Act
Consider emergency temporary COVID-19 standards for coal and metal/non-metal mines

Who is ordered

Timeline

Immediate

OSHA to issue revised workplace safety guidance within 2 weeks
Launch of national OSHA enforcement program targeting high-risk violations

Near term (90d)

OSHA to determine and potentially issue emergency temporary standards by March 15, 2021
Review of OSHA COVID-19 enforcement efforts
Multilingual outreach campaign to begin
Coordination with states on approved safety plans

Long term

Potential long-term changes to OSHA enforcement based on review
Exploration of protections for workers not covered under the Act
Possible mine safety emergency standards

Risks & tensions

Emergency temporary standards are contingent on Secretary's determination of necessity, creating implementation uncertainty
State plan coordination relies on voluntary state cooperation; no enforcement mechanism specified
Protection for workers outside OSHA coverage (Sec. 3(b)) is exploratory only—no binding action required
Mine safety standards are contingent and lack specific deadline ('as soon as practicable')
EO explicitly disclaims creating enforceable rights, limiting worker recourse
Implementation subject to appropriations availability, creating potential funding constraint