May 10, 2020] Required IOSHA COVID-19 Safety Plans

Governor Holcomb’s Executive Order 20-26, providing a roadmap for Indiana’s reopening, requires all Hoosier employers to “develop a plan to implement measures and institute safeguards to ensure a safe environment for their employees, customers, clients, and members,” and in the case of long-term care facilities, their residents and any permitted visitors.  The plan is required as of May 11, 2020, and should be provided to each employee and posted publicly.

The plan should address, at a minimum, the following points:

• Instituting an employee health screening process.
• Employing enhanced cleaning and disinfecting protocols for the workplace, including regularly cleaning high-touch surfaces.
• Enhancing the ability of employees, residents, and any permitted visitors to wash hands or take other personal hygiene measures, such as the use of hand sanitizer.
• Complying with social distancing requirements established by the CDC, including maintaining six-foot social distancing for both employees and any permitted visitors when possible and/or employing other separation measures, such as wearing face coverings or using barriers.

Long-term care facilities’ COVID-19 preparedness plans already in place should cover much of the requirements of a COVID-19 Safety Plan, but long-term care facilities should create a separate, written plan that addresses each of the four items listed above.  Long-term care facilities can reference existing policies and/or procedures that are already in place.  Long-term facilities are also encouraged to document the distribution of this plan to employees and how it is posted publicly.

These plans are subject to enforcement by the Indiana Occupational Safety and Health Administration (IOSHA).  IOSHA’s COVID-19 resources can be found here, and the federal Department of Labor’s guidance for the health care industry can be found here.  Finally, as a reminder, the General Duty Clause requires employers to provide their employees with a workplace free from recognized hazards likely to cause serious physical harm or death.