OSHA Memo Permitting Discretion in Enforcement Based on Employer’s Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic
On April 16, 2020, OSHA’s Directorate of Enforcement provided OSHA area offices with unusual discretion in citing employers who failed to comply with OSHA’s various standards due to complications created by COVID-19 but who exercised “good-faith” in attempting to achieve compliance. What must an employer do to demonstrate “good-faith” where it otherwise fails to comply with an OSHA standard?