b'Legally SpeakingHas OSHA Blinked on its Proposedscrutiny.Thatsaid,recentreportsstatethatthe Department of Labor submitted an ETS to the White COVID Emergency Standard? HouseforreviewonApril25,butnowthemostrecent declaration from OSHA stating CDC guidelines should be followed causes doubt as to the status of theemergencystandard.Whilevariousstatesrecently have softened the requirements on the use of masks and social distancing, including Ohio which ismodifyingitsregulationseffectiveJune2,any Bob Dunlevey J ordan JenningsemergencystandardpromulgatedbyOSHAwill trumpthestateslesserrestrictionsonmasksand Last month, OSHA released a statement that read:social distancing in the workplace. Therefore,itisrecommendedthatallTheCDChasissuednewguidance employers closely follow any further declarations by relating to recommended precautionsthe CDC and OSHA, as well as the respective states forpeoplewhoarefullyvaccinated,inwhichtheyoperate.Inaddition,employers whichisapplicabletoactivitiesout- should establish a basic program on how COVID is to sideofhealthcareandafewotherbehandledintheworkplaceincludingtheassess-environments.OSHA is reviewing thement of any hazard, personal protective equipment recent CDC guidance and will updatesuchasmasks,socialdistancing,cleaningand ourmaterialsonthiswebsite disinfecting the workplace, and training on policies accordingly.Untilthoseupdatesareandprocedurestoprotectemployees.Finally,if complete,pleaserefertotheCDCyour company receives an OSHA Citation related to guidance for information on measuresCOVID, seriously consider retaining OSHA counsel to appropriate to protect fully vaccinatedcontest the Citation. workers. Remember, members of the Dayton Builders ExchangehaveaccesstotheLegalServicesPlan TheCDCssurprisingreleaseofnewguide- whichcoversoneconsultationpermonthwithan lines recommending that fully vaccinated people noattorneyatTaftLaw.Ifyouneedassistancein longer need to wear masks or social distance in anydealing with these and other labor and employment setting except in planes, trains, buses, other publiclawissues,contactBob Dunlevey,BoardCertified transportation, and airports and stations, may haveSpecialistinLaborandEmploymentLaw,ata significant impact on whether OSHA continues to(937) 641-1743 at Taft/Law.press for an emergency standard for how employers aretodealwithCOVID.Already,OSHAisalmost twomonthsoverdueinissuingthepromisedemergencystandardandthereissomequestion aboutwhethertheemergencyhassubsided.For OSHA to justify an emergency standard, it must find that employees are exposed to grave danger.But, inthepast,OSHAhasexperiencedmuchdifficulty meetingthisstandardandmostemergencystandardspromulgatedhavenotsurvivedjudicial review.Ofthenineemergencystandardsissued overtheyears,onlyonehassurvivedjudicialPage 16CONSTRUCTION JOURNAL'