Text For Citation: 01 Item/Group: 001 Hazard:

29 CFR 1960.8(a): The agency did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm in that employees were exposed to SARS-CoV-2, the virus that causes Coronavirus Disease 2019 (COVID-19): (a) On or about August 10, 2020, and times prior thereto, in the Tyler Area Census Office, the employer did not develop and implement timely and effective measures to mitigate exposures to the hazard of SARS-CoV-2, the virus that causes Coronavirus Disease 2019 (COVID-19). These conditions allowed the perpetuation of an outbreak of COVID-19 at the facility. Employees developed mild symptoms to severe illness with at least two employees hospitalized and one employee died of complications related to COVID-19. Among other methods, some feasible methods of abatement for this violation include but are not limited to: 1.) Implement engineering controls such as barriers and partitions. Installation of barriers in work areas and break areas. 2.) Establish, implement and enforce virtual meeting protocols. If in-person meetings are required limit room capacity to allow for social distancing of at least 6 feet between employees, or implement physical barriers. Improve ventilation by, for example, opening windows or using portable HEPA air filter. Be sure and check current OSHA and CDC guidance for other ventilation options. Alternatively, consider holding meetings outdoors where social distancing is maintained. 3.) Require employees to use face coverings (e.g., cloth face coverings or disposable masks). The face coverings shall be worn at all times in all areas of the facility, consistent with current Census Bureau policies. Note, this abatement is now in accordance with Executive Order 13991: Protecting the Federal Workforce and Requiring Mask-Wearing (January 21, 2021). 4.) Establish, implement, and enforce a social distancing program that includes physical reminders and indicators on the floors and walls throughout the facility to facilitate employees maintaining at least six feet of distance from one another at all times. Designate unidirectional paths, where feasible, to reduce contact in narrow areas. 5.) Establish, implement, and communicate workplace flexibilities and protections, such as, telework, staggering equipment pick-up times, and reassignment of duties to minimize contact with others. 6.) Establish, implement and enforce an effective and robust employee symptom-screening program. The program must include a symptom questionnaire, exposure history questionnaire and temperature check and be used every time workers and visitors enter the workplace. These tools should be updated based on current CDC guidance. 7.) Collaborate with and support the contact tracing programs of local health departments to help identify, track, and manage contacts of COVID-19 cases, as appropriate. Notify employees and contractors of potential exposure in the workplace. 8.) Provide training on the sources of exposure to COVID-19, the hazards associated with that exposure, and the workplace protocols in place to prevent or reduce the likelihood of exposure. Train on the use of face coverings, how to maintain a safe distance, and the appropriate workplace methods and procedures in place to prevent and reduce exposure.