The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has announced an emergency temporary standard (ETS) aimed at protecting healthcare workers from COVID-19. Among other things, the ETS requires covered employers to develop a COVID-19 plan and provide workers with paid time off to get vaccinated and to recover from any side effects. OSHA announced the ETS alongside new general industry guidance.
ETS:
The ETS is aimed at protecting workers facing the highest COVID-19 hazards—those working in healthcare settings where suspected or confirmed COVID-19 patients are treated. This includes employees in hospitals, nursing homes, and assisted living facilities; emergency responders; home healthcare workers; and employees in ambulatory care facilities where suspected or confirmed COVID-19 patients are treated. OSHA has created this chart to help employers determine whether they are covered by the ETS.
The ETS is effective immediately upon publication in the Federal Register. Employers must comply with most of the ETS provisions within 14 days and with the provisions involving physical barriers, ventilation, and training (see below) within 30 days of that publication. OSHA says it may use its discretion to refrain from citing employers who miss a compliance deadline if they are making a good-faith effort to comply.
Key Requirements:
The key requirements of the ETS are:
- COVID-19 plan: Develop and implement a COVID-19 plan (in writing if more than 10 employees) that includes a designated safety coordinator with authority to ensure compliance, a workplace-specific hazard assessment, involvement of non-managerial employees in hazard assessment and plan development/implementation, and policies and procedures to minimize the risk of transmission of COVID-19 to employees.
- Patient screening and management: Limit and monitor points of entry to settings where direct patient care is provided; screen and triage patients, clients, and other visitors and non-employees; implement patient management strategies.
- Standard and Transmission-Based Precautions: Develop and implement policies and procedures to adhere to Standard and Transmission-Based precautions based on CDC guidelines.
- Personal protective equipment (PPE): Provide and ensure each employee wears a facemask when indoors and when occupying a vehicle with other people for work purposes; provide and ensure employees use respirators and other PPE for exposure to people with suspected or confirmed COVID-19, and for aerosol-generating procedures on a person with suspected or confirmed COVID-19.
- Aerosol-generating procedures on a person with suspected or confirmed COVID-19: Limit employees present to only those essential; perform procedures in an airborne infection isolation room, if available; and clean and disinfect surfaces and equipment after the procedure is completed.
- Physical distancing: Keep people at least six feet apart when indoors.
- Physical barriers: Install cleanable or disposable solid barriers at each fixed work location in non-patient care areas where employees are not separated from other people by at least six feet.
- Cleaning and disinfection: Follow standard practices for cleaning and disinfection of surfaces and equipment in accordance with CDC guidelines in patient care areas, resident rooms, and for medical devices and equipment; in all other areas, clean high-touch surfaces and equipment at least once a day and provide alcohol-based hand rub that is at least 60% alcohol or provide readily accessible handwashing facilities.
- Ventilation: Ensure that employer-owned or controlled existing HVAC systems are used in accordance with manufacturer's instructions and design specifications for the systems and that air filters are rated Minimum Efficiency Reporting Value (MERV) 13 or higher if the system allows it.
- Health screening and medical management: (1) Screen employees before each shift (a sample form is available here); (2) require each employee to promptly notify the company when they're COVID-19 positive, suspected of having COVID-19, or experiencing certain symptoms; (3) notify certain employees within 24 hours when a person who has been in the workplace is COVID-19 positive (a sample form is available here); (4) follow requirements for removing employees from the workplace; and (5) employers with more than 10 employees must provide paid time off to workers who must isolate or quarantine.
- Vaccination: Provide reasonable time and paid leave for vaccinations and vaccine side effects.
- Training: Ensure all employees receive training so they comprehend COVID-19 transmission, tasks and situations in the workplace that could result in infection, and relevant policies and procedures.
- Anti-retaliation: Inform employees of their rights to the protections required by the standard and do not discharge or in any manner discriminate against employees for exercising their rights under the ETS or for engaging in actions required by the standard.
- Penalty-free: Requirements must be implemented at no cost to employees.
- Recordkeeping: Establish a COVID-19 log (if more than 10 employees) of all employee instances of COVID-19 without regard to occupational exposure and follow requirements for making records available to employees/representatives.
- Reporting to OSHA: Report work-related COVID-19 fatalities and in-patient hospitalizations to OSHA.
Note: OSHA has stated that fully vaccinated employees are exempt from wearing a mask, social distancing, and barrier requirements when the employer determines there is no reasonable expectation another person with suspected or confirmed COVID-19 would be present.
Updated Guidance for General Industry:
OSHA has also published updated guidance for general industry that:
- Focuses protections on unvaccinated and otherwise at-risk workers;
- Encourages COVID-19 vaccination; and
- Add links to guidance with the most up-to-date content.
Compliance Recommendations:
Employers covered by the ETS should review the rule in full as well as OSHA's answers to frequently asked questions about the ETS. Additional information and resources can be found here. Other employers should review OSHA's updated guidance for general industry, which can be found here. Employers should also keep in mind that several states have enacted their own COVID-19 standards under their state OSHA plans and other states and local jurisdictions may have requirements with which employers will need to coordinate compliance.
Please contact your dedicated service professional with any questions.