Protecting Worker Health and Safety

Published date26 January 2021
Citation86 FR 7211
Record Number2021-01863
SectionPresidential Documents
CourtExecutive Office Of The President
Presidential Documents
7211
Federal Register
Vol. 86, No. 15
Tuesday, January 26, 2021
Title 3—
The President
Executive Order 13999 of January 21, 2021
Protecting Worker Health and Safety
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. Ensuring the health and safety of workers is a national
priority and a moral imperative. Healthcare workers and other essential
workers, many of whom are people of color and immigrants, have put
their lives on the line during the coronavirus disease 2019 (COVID–19)
pandemic. It is the policy of my Administration to protect the health and
safety of workers from COVID–19.
The Federal Government must take swift action to reduce the risk that
workers may contract COVID–19 in the workplace. That will require issuing
science-based guidance to help keep workers safe from COVID–19 exposure,
including with respect to mask-wearing; partnering with State and local
governments to better protect public employees; enforcing worker health
and safety requirements; and pushing for additional resources to help employ-
ers protect employees.
Sec. 2. Protecting Workers from COVID–19 Under the Occupational Safety
and Health Act. The Secretary of Labor, acting through the Assistant Secretary
of Labor for Occupational Safety and Health, in furtherance of the policy
described in section 1 of this order and consistent with applicable law,
shall:
(a) issue, within 2 weeks of the date of this order and in conjunction
or consultation with the heads of any other appropriate executive depart-
ments and agencies (agencies), revised guidance to employers on workplace
safety during the COVID–19 pandemic;
(b) consider whether any emergency temporary standards on COVID–19,
including with respect to masks in the workplace, are necessary, and if
such standards are determined to be necessary, issue them by March 15,
2021;
(c) review the enforcement efforts of the Occupational Safety and Health
Administration (OSHA) related to COVID–19 and identify any short-, me-
dium-, and long-term changes that could be made to better protect workers
and ensure equity in enforcement;
(d) launch a national program to focus OSHA enforcement efforts related
to COVID–19 on violations that put the largest number of workers at serious
risk or are contrary to anti-retaliation principles; and
(e) coordinate with the Department of Labor’s Office of Public Affairs
and Office of Public Engagement and all regional OSHA offices to conduct,
consistent with applicable law, a multilingual outreach campaign to inform
workers and their representatives of their rights under applicable law. This
campaign shall include engagement with labor unions, community organiza-
tions, and industries, and place a special emphasis on communities hit
hardest by the pandemic.
Sec. 3. Protecting Other Categories of Workers from COVID–19. (a) The
Secretary of Labor, acting through the Assistant Secretary of Labor for Occu-
pational Safety and Health and consistent with applicable law, shall:
(i) coordinate with States that have occupational safety and health plans
approved under section 18 of the Occupational Safety and Health Act
(Act) (29 U.S.C. 667) to seek to ensure that workers covered by such
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Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents
plans are adequately protected from COVID–19, consistent with any revised
guidance or emergency temporary standards issued by OSHA; and
(ii) in States that do not have such plans, consult with State and local
government entities with responsibility for public employee safety and
health and with public employee unions to bolster protection from COVID–
19 for public sector workers.
(b) The Secretary of Agriculture, the Secretary of Labor, the Secretary
of Health and Human Services, the Secretary of Transportation, and the
Secretary of Energy, in consultation with the heads of any other appropriate
agencies, shall, consistent with applicable law, explore mechanisms to protect
workers not protected under the Act so that they remain healthy and safe
on the job during the COVID–19 pandemic.
(c) The Secretary of Labor, acting through the Assistant Secretary of Labor
for Mine Safety and Health, shall consider whether any emergency temporary
standards on COVID–19 applicable to coal and metal or non-metal mines
are necessary, and if such standards are determined to be necessary and
consistent with applicable law, issue them as soon as practicable.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
January 21, 2021.
[FR Doc. 2021–01863
Filed 1–25–21; 11:15 am]
Billing code 3295–F1–P
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