Tag: COVID-19 Emergency Temporary Standard

OSHA Public Hearing on COVID-19 Health Care Rulemaking

On June 21, 2021, the Occupational Safety and Health Administration (OSHA) published an interim final rule establishing an emergency temporary standard (ETS) to protect healthcare and health care support service workers from occupational exposure to COVID-19 in settings where people with COVID-19 are reasonably expected to be present (86 FR 32376). The ETS took effect immediately but also served as a proposed rule on which OSHA requested comment.

OSHA received comments concerning the ETS during the comment period, which was to end on July 21, 2021, but was extended to August 20, 2021, in response to requests from the public (86 FR 38232). In accordance with 29 USC 655(c)(3), the agency is now preparing to promulgate a final standard.

On March 22, 2022, OSHA announced a limited re-opening of the record and the agency’s intention to hold an informal public hearing to gather certain additional information from healthcare industry stakeholders – Federal Register Notice.

Public Comment

The public comment period opened Wednesday, March 23, 2022. The deadline for submitting comments is April 22, 2022. Comments and associated documents for this rulemaking (Docket Number OSHA-2020-0004) should be submitted electronically at https://www.regulations.gov, which is the Federal e-Rulemaking Portal.

Public Hearing

The hearing will begin on Wednesday, April 27, 2022, and will continue on April 28, April 29, and May 2, 2022. The hearing schedule provides additional details on the days and times that stakeholders who submitted a timely notice of intention to appear (NOITA) will testify.

The hearing will be held virtually. Stakeholders who submitted a timely NOITA will receive additional participation information, including log-in details for the virtual hearing, by email.

Members of the general public will be able to access a live stream of the hearing using the following links:

  1. April 27th – https://youtu.be/KINCXznAvok
  2. April 28th – https://youtu.be/zE09g7_eNy8
  3. April 29th – https://youtu.be/W_ckBau-Q8o
  4. May 2nd – https://youtu.be/zzAN8GRyL8o

The Youtube page has a start time for 8:30 AM ET for all public sessions.

Before the hearing, OSHA will make the hearing procedures available on this webpage and in the docket.

OSHA Public Hearing on COVID-19 Health Care Rulemaking

On June 21, 2021, the Occupational Safety and Health Administration (OSHA) published an interim final rule establishing an emergency temporary standard (ETS) to protect healthcare and health care support service workers from occupational exposure to COVID-19 in settings where people with COVID-19 are reasonably expected to be present (86 FR 32376). The ETS took effect immediately but also served as a proposed rule on which OSHA requested comment.

OSHA received comments concerning the ETS during the comment period, which was to end on July 21, 2021, but was extended to August 20, 2021, in response to requests from the public (86 FR 38232). In accordance with 29 USC 655(c)(3), the agency is now preparing to promulgate a final standard.

On March 22, 2022, OSHA announced a limited re-opening of the record and the agency’s intention to hold an informal public hearing to gather certain additional information from healthcare industry stakeholders – Federal Register Notice

Public Comment

The public comment period opened Wednesday, March 23, 2022. The deadline for submitting comments is April 22, 2022. Comments and associated documents for this rulemaking (Docket Number OSHA-2020-0004) should be submitted electronically at https://www.regulations.gov, which is the Federal e-Rulemaking Portal.

Public Hearing

The hearing will begin on Wednesday, April 27, 2022, and will continue on April 28, April 29, and May 2, 2022. The hearing schedule provides additional details on the days and times that stakeholders who submitted a timely notice of intention to appear (NOITA) will testify.

The hearing will be held virtually. Stakeholders who submitted a timely NOITA will receive additional participation information, including log-in details for the virtual hearing, by email.

Members of the general public will be able to access a live stream of the hearing using the following links:

  1. April 27th – https://youtu.be/KINCXznAvok
  2. April 28th – https://youtu.be/zE09g7_eNy8
  3. April 29th – https://youtu.be/W_ckBau-Q8o
  4. May 2nd – https://youtu.be/zzAN8GRyL8o

The Youtube page has a start time for 8:30 AM ET for all public sessions.

Before the hearing, OSHA will make the hearing procedures available on this webpage and in the docket.

OSHA Public Hearing on COVID-19 Health Care Rulemaking

On June 21, 2021, the Occupational Safety and Health Administration (OSHA) published an interim final rule establishing an emergency temporary standard (ETS) to protect healthcare and health care support service workers from occupational exposure to COVID-19 in settings where people with COVID-19 are reasonably expected to be present (86 FR 32376). The ETS took effect…

OSHA Seeks Additional Comments on the COVID-19 Healthcare ETS

  • Comments are due April 22, 2022

The Occupational Safety and Health Administration (OSHA) has issued a Federal Register notice to allow for additional public comments and scheduled an informal public hearing  related to the development of a final standard to protect healthcare and healthcare support service workers from workplace exposure to the COVID-19 virus.

On June 21, 2021, OSHA issued an emergency temporary standard (ETS) to protect workers in healthcare settings from occupational exposure to COVID-19. The ETS focused on healthcare workers most likely to have contact with people infected with the virus. The ETS took effect immediately, and all but the recordkeeping and reporting requirements, expired on December 27, 2021, The ETS served as a proposed rule for COVID-19 standards. OSHA requested public comments on whether the ETS should become permanent.

OSHA is  requesting stakeholder comments on changes to the ETS along with other areas of  interest.

Potential changes from the ETS:

  • Alignment with CDC recommendations for healthcare infection control practices
    • OSHA is considering whether it is appropriate to align its final rule with some or all of the CDC recommendations that have changed between the close of the original comment period for this rule and the close of this comment period.
  • Additional flexibility for employers
    • OSHA is considering restating various provisions as broader requirements without the level of detail included in the Healthcare ETS and providing a “safe harbor” enforcement policy for employers.
  • Removal of scope exemptions (e.g., ambulatory care facilities where covid-19 patients are screened out; home healthcare)
    • OSHA is considering whether the scope of the final standard should cover employers regardless of screening procedures for non-employees and/or vaccination status of employees.
  • Tailoring controls to address interactions with people with suspected or confirmed covid-19:
    • OSHA is considering the need for COVID-19-specific infection control measures in areas where healthcare employees are not reasonably expected to encounter people with suspected or confirmed COVID-19.
  • Booster doses, employer support of employee vaccination, and requirements for vaccinated workers; although OSHA is not considering at this time requiring mandatory vaccination for employees
    • OSHA is considering an adjustment to the requirement that would include paid time up to 4 hours, including travel time, for employees to receive a vaccine and paid sick leave to recover from side effects.
    • OSHA is considering whether to limit the provisions that provide support for vaccination to employees not covered by the Centers for Medicare & Medicaid Services (CMS) vaccination rule.
    • OSHA is considering suggestions that requirements be relaxed: for masking, barriers, or physical distancing for vaccinated workers in all areas of healthcare settings, not just where there is no reasonable expectation that someone with suspected or confirmed COVID-19 will be present.
  • Limited coverage of construction activities in healthcare settings
    • OSHA is considering the same coverage for workers engaged in construction work inside a hospital.
  • New cap for covid-19 log retention period
    • OSHA proposes to cap the record retention period for the COVID-19 log at one year from the date of the last entry in the log.
  • Triggering requirements based on the level of community transmission
    • OSHA is considering linking regulatory requirements to measures of local risk, such as CDC’s community transmission used in CDC’s guidance for healthcare settings.
  • Evolution of SARS-CoV-2 into a Second Novel Strain
    • OSHA is considering specifying that this final standard would apply not only to COVID-19, but also to subsequent related strains of the virus that are transmitted through aerosols and pose similar risks and health effects.

OSHA is also seeking data requests on the impact of COVID-19 and information for an economic analysis for implementing permanent COVID-19 related standards.

Public comments are due April 22, 2022.

A virtual public hearing will begin on April 27, 2022.  If necessary, the hearing will continue on subsequent days.

Individuals interested in testifying at the hearing must submit their notice of intention to appear by April 6, 2022. Before the hearing, OSHA will make the hearing procedures and hearing schedule available on this webpage

The National Association for Home Care & Hospice submitted the comments on the Occupational Exposure to COVID–19; Emergency Temporary Standard with the first request for public comments on the ETS.

OSHA Seeks Additional Comments on the COVID-19 Healthcare ETS

  • Comments are due April 22, 2022

The Occupational Safety and Health Administration (OSHA) has issued a Federal Register notice to allow for additional public comments and scheduled an informal public hearing  related to the development of a final standard to protect healthcare and healthcare support service workers from workplace exposure to the COVID-19 virus.

On June 21, 2021, OSHA issued an emergency temporary standard (ETS) to protect workers in healthcare settings from occupational exposure to COVID-19. The ETS focused on healthcare workers most likely to have contact with people infected with the virus. The ETS took effect immediately, and all but the recordkeeping and reporting requirements, expired on December 27, 2021, The ETS served as a proposed rule for COVID-19 standards. OSHA requested public comments on whether the ETS should become permanent.

OSHA is  requesting stakeholder comments on changes to the ETS along with other areas of  interest.

Potential changes from the ETS:

  • Alignment with CDC recommendations for healthcare infection control practices
    • OSHA is considering whether it is appropriate to align its final rule with some or all of the CDC recommendations that have changed between the close of the original comment period for this rule and the close of this comment period.
  • Additional flexibility for employers
    • OSHA is considering restating various provisions as broader requirements without the level of detail included in the Healthcare ETS and providing a “safe harbor” enforcement policy for employers.
  • Removal of scope exemptions (e.g., ambulatory care facilities where covid-19 patients are screened out; home healthcare)
    • OSHA is considering whether the scope of the final standard should cover employers regardless of screening procedures for non-employees and/or vaccination status of employees.
  • Tailoring controls to address interactions with people with suspected or confirmed covid-19:
    • OSHA is considering the need for COVID-19-specific infection control measures in areas where healthcare employees are not reasonably expected to encounter people with suspected or confirmed COVID-19.
  • Booster doses, employer support of employee vaccination, and requirements for vaccinated workers; although OSHA is not considering at this time requiring mandatory vaccination for employees
    • OSHA is considering an adjustment to the requirement that would include paid time up to 4 hours, including travel time, for employees to receive a vaccine and paid sick leave to recover from side effects.
    • OSHA is considering whether to limit the provisions that provide support for vaccination to employees not covered by the Centers for Medicare & Medicaid Services (CMS) vaccination rule.
    • OSHA is considering suggestions that requirements be relaxed: for masking, barriers, or physical distancing for vaccinated workers in all areas of healthcare settings, not just where there is no reasonable expectation that someone with suspected or confirmed COVID-19 will be present.
  • Limited coverage of construction activities in healthcare settings
    • OSHA is considering the same coverage for workers engaged in construction work inside a hospital.
  • New cap for covid-19 log retention period
    • OSHA proposes to cap the record retention period for the COVID-19 log at one year from the date of the last entry in the log.
  • Triggering requirements based on the level of community transmission
    • OSHA is considering linking regulatory requirements to measures of local risk, such as CDC’s community transmission used in CDC’s guidance for healthcare settings.
  • Evolution of SARS-CoV-2 into a Second Novel Strain
    • OSHA is considering specifying that this final standard would apply not only to COVID-19, but also to subsequent related strains of the virus that are transmitted through aerosols and pose similar risks and health effects.

OSHA is also seeking data requests on the impact of COVID-19 and information for an economic analysis for implementing permanent COVID-19 related standards.

Public comments are due April 22, 2022.

A virtual public hearing will begin on April 27, 2022.  If necessary, the hearing will continue on subsequent days.

Individuals interested in testifying at the hearing must submit their notice of intention to appear by April 6, 2022. Before the hearing, OSHA will make the hearing procedures and hearing schedule available on this webpage

The National Association for Home Care & Hospice submitted the comments on the Occupational Exposure to COVID–19; Emergency Temporary Standard with the first request for public comments on the ETS.

OSHA Seeks Additional Comments on the COVID-19 Healthcare ETS

Comments are due April 22, 2022 The Occupational Safety and Health Administration (OSHA) has issued a Federal Register notice to allow for additional public comments and scheduled an informal public hearing  related to the development of a final standard to protect healthcare and healthcare support service workers from workplace exposure to the COVID-19 virus. On…

OSHA Withdraws Temporary COVID-19 Vaccine-or-Testing Rule

  • Agency leaves door open to future permanent standard on COVID vaccination-or-testing

The Occupational Safety and Health Administration (OSHA) is withdrawing its emergency temporary standard (ETS) to require all large businesses in the United States to implement a COVID-19 vaccine-or-weekly-testing policy for employees by February 9, 2022.

However, OSHA has decided to propose that the make the temporary standard in to a permanent standard.

“Notwithstanding the withdrawal of the [ETS], OSHA continues to strongly encourage the vaccination of workers against the continuing dangers posed by COVID-19 in the workplace,” the agency said.

OSHA originally published the ETS on November 5, 2021 in the Federal Register and accepted comments through January 19, 2022. However, on January 13, 2022, the United States Supreme Court struck down the ETS, while upholding the narrower Centers for Medicare & Medicaid vaccination rule for health care workers. (See January 13 NAHC Report.)

“Although OSHA is withdrawing the Vaccination and Testing ETS as an enforceable emergency temporary standard,” wrote the agency, “OSHA is not withdrawing the ETS to the extent that it serves as a proposed rule.”

OSHA’s announcement did not indicate when it will finalize a permanent rule, but Labor Secretary Marty Walsh told Politico on Monday that the “Supreme Court opened up a couple of potential different areas which we’ll explore. They talked about assembly line, medical — there’s like three or four general areas that you could read into. We could do something there.”

Previously, OSHA has indicated a number of possibilities for a final rule, such as whether to cover employers with fewer than 100 employees, whether masking should also be required, whether the standard should be strictly vaccination, and others.

“We need clarity on this issue and NAHC strongly encourages both Congress and the Administration to quickly reach a conclusion so that affected health care businesses can focus on providing care,” said NAHC President William A. Dombi. “Infection control in patient care and staffing is an essential responsibility in all of health care. Home care is committed to protecting its patients and its staff from Covid-19.“

OSHA Withdraws Temporary COVID-19 Vaccine-or-Testing Rule

  • Agency leaves door open to future permanent standard on COVID vaccination-or-testing

The Occupational Safety and Health Administration (OSHA) is withdrawing its emergency temporary standard (ETS) to require all large businesses in the United States to implement a COVID-19 vaccine-or-weekly-testing policy for employees by February 9, 2022.

However, OSHA has decided to propose that the make the temporary standard in to a permanent standard.

“Notwithstanding the withdrawal of the [ETS], OSHA continues to strongly encourage the vaccination of workers against the continuing dangers posed by COVID-19 in the workplace,” the agency said.

OSHA originally published the ETS on November 5, 2021 in the Federal Register and accepted comments through January 19, 2022. However, on January 13, 2022, the United States Supreme Court struck down the ETS, while upholding the narrower Centers for Medicare & Medicaid vaccination rule for health care workers. (See January 13 NAHC Report.)

“Although OSHA is withdrawing the Vaccination and Testing ETS as an enforceable emergency temporary standard,” wrote the agency, “OSHA is not withdrawing the ETS to the extent that it serves as a proposed rule.”

OSHA’s announcement did not indicate when it will finalize a permanent rule, but Labor Secretary Marty Walsh told Politico on Monday that the “Supreme Court opened up a couple of potential different areas which we’ll explore. They talked about assembly line, medical — there’s like three or four general areas that you could read into. We could do something there.”

Previously, OSHA has indicated a number of possibilities for a final rule, such as whether to cover employers with fewer than 100 employees, whether masking should also be required, whether the standard should be strictly vaccination, and others.

“We need clarity on this issue and NAHC strongly encourages both Congress and the Administration to quickly reach a conclusion so that affected health care businesses can focus on providing care,” said NAHC President William A. Dombi. “Infection control in patient care and staffing is an essential responsibility in all of health care. Home care is committed to protecting its patients and its staff from Covid-19.“

OSHA Withdraws Temporary COVID-19 Vaccine-or-Testing Rule

Agency leaves door open to future permanent standard on COVID vaccination-or-testing The Occupational Safety and Health Administration (OSHA) is withdrawing its emergency temporary standard (ETS) to require all large businesses in the United States to implement a COVID-19 vaccine-or-weekly-testing policy for employees by February 9, 2022. However, OSHA has decided to propose that the make…

OSHA’s Vaccination and Testing Mandate Reinstated

A federal appeals court on Friday reinstated the Biden administration’s coronavirus vaccination policy for large private businesses, reversing an earlier court ruling that had halted the mandate. The Occupational Safety and Health Administration’s (OSHA) COVID-19  Vaccination and Testing Emergency Temporary Standard (ETS) requires all employers with greater than 100 employees either ensure employees are vaccinated against COVID-19 or receive weekly testing.

OSHA has posted on their website the following message:

OSHA is gratified the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the Vaccination and Testing Emergency Temporary Standard. OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace.

To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.

The original compliance date was 12/6/2021 for all provisions of the ETS except for the weekly testing requirement which was to take effect 1/4/2022. All employers subject to the OSHA Vaccination and Testing ETS will need to begin complying with the requirements by the revised dates.

All of the provisions in the ETS remain without change, including an exemption for employers that are required to comply with the OSHA Healthcare ETS.

The OSHA Healthcare ETS  applies to all certified home health and hospice agencies and to most non-certified agencies that provide care in the home. However, the OSHA Healthcare ETS,  does not apply to healthcare support services that are performed away from the healthcare setting, which for most providers, includes their administrative staff.

Because OSHA intends for there to be no gaps between the two COVID ETS, employees not subject to the Healthcare ETS are covered under the COVID-19 Vaccination and Testing  ETS.   Therefore, it will be necessary for employers with employees covered by the OSHA Healthcare ETS  to determine if they also have employees covered by OSHA Vaccination and Testing ETS.

Employers with greater than 100 employees will need to understand what is required to comply with the OSHA Vaccination and Testing ETS and which employees are subject to these mandates.

To further complicate matters, the OSHA Healthcare ETS is due to expire on 12/21/2021. It is unclear what OSHA intends for that ETS going forward.

Although opponents of the OSHA vaccine and testing mandate plan to proceeded to the United States Supreme Court, employers should be prepared to comply with the requirements by the revise compliance dates.

Presently, there is no change in the injunction on CMS’ rule for a vaccine mandate. CMS issued a suspension on enforcement of its vaccine mandate that is still in place.

OSHA has several  tools and resources on their Vaccination and Testing ETS website which includes; fact sheets, policy templates and an extensive FAQ document.

Additionally, a November 16, 2022, the National Association for Home Care & Hospice (NAHC) webinar reviewed the requirements of the two OSHA ETS’ and the CMS vaccine mandate rule, along with the application to home health, hospice, and home care providers. An FAQ document was developed from questions received during the webcast.

NAHC is watching  the developments with the OSHA ETS’ and the CMS vaccine mandate rule closely. We will update providers as we learn more.