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…

Dept of Labor to Educate Care Industry on Wage Laws

As part of U.S. Department of Labor efforts to build better jobs and increase pay equity, the department’s Wage and Hour Division regional office in Chicago will host a webinar, “Midwest Care Workers Summit 2022,” on March 23, 2022.

The virtual summit brings together industry stakeholders from Illinois, Indiana, Iowa, Kansas, Nebraska, Ohio, Michigan, Minnesota, Missouri and Wisconsin for an in-depth discussion about issues affecting federal labor law compliance within the health care industry in the Midwest.

“We want to hear directly from stakeholders in the healthcare industry about what the Wage and Hour Division can do to enhance their understanding of federal wages laws, provide resources and ensure essential healthcare workers are receiving the wages they are due,” said Wage and Hour Regional Administrator Michael Lazzeri in Chicago. “The healthcare industry has faced relentless challenges throughout the pandemic, and the Wage and Hour Division is committed to taking better take care of those who take care of us.”

Investigations by the Wage and Hour Division recovered more than $22.7 million for Midwest healthcare workers from 2019 to 2021 as a result of violations of worker protections under the Fair Labor Standards Act.

“The U.S. Department of Labor has had its sights focused on home care for many years,” said NAHC President William A. Dombi. “One reason is that there continues to be employee complaints and audit findings demonstrating employer noncompliance with the Fair Labor Standards Act. That noncompliance can be very costly for home care companies. We strongly recommend that home care companies stay on top of all the federal and state wage and hour law requirements and consider internal self-audits as a tool to avoid liabilities.”

Building on the Essential Workers – Essential Protections Initiative, the Wage and Hour Division embarked on a series of steps to increase communication between health care employers and the federal agency. They conducted more than 70 listening sessions with over 500 stakeholders across 50 cities nationwide.

“The U.S. Department of Labor’s recently announced ‘Good Jobs Initiative’ focuses on connecting the dots between the needs of employers and workers. The disruption caused by the pandemic provides a unique opportunity to ensure full and fair employment opportunities and proper wages as the country goes back to work. We can improve conditions for women who dominate the healthcare industry, and the nation’s economic recovery can propel us toward greater equity,” Lazzeri added.

Dept of Labor to Educate Health Care Industry on Wage Laws

March 23, 2022 10AM to Noon Eastern Register to attend As part of U.S. Department of Labor efforts to build better jobs and increase pay equity, the department’s Wage and Hour Division regional office in Chicago will host a webinar, “Midwest Care Workers Summit 2022,” on March 23, 2022. The virtual summit brings together industry stakeholders from…

Dept of Labor to Educate Health Care Industry on Wage Laws

As part of U.S. Department of Labor efforts to build better jobs and increase pay equity, the department’s Wage and Hour Division regional office in Chicago will host a webinar, “Midwest Care Workers Summit 2022,” on March 23, 2022.

The virtual summit brings together industry stakeholders from Illinois, Indiana, Iowa, Kansas, Nebraska, Ohio, Michigan, Minnesota, Missouri and Wisconsin for an in-depth discussion about issues affecting federal labor law compliance within the health care industry in the Midwest.

“We want to hear directly from stakeholders in the healthcare industry about what the Wage and Hour Division can do to enhance their understanding of federal wages laws, provide resources and ensure essential healthcare workers are receiving the wages they are due,” said Wage and Hour Regional Administrator Michael Lazzeri in Chicago. “The healthcare industry has faced relentless challenges throughout the pandemic, and the Wage and Hour Division is committed to taking better take care of those who take care of us.”

Investigations by the Wage and Hour Division recovered more than $22.7 million for Midwest healthcare workers from 2019 to 2021 as a result of violations of worker protections under the Fair Labor Standards Act.

“The U.S. Department of Labor has had its sights focused on home care for many years,” said NAHC President William A. Dombi. “One reason is that there continues to be employee complaints and audit findings demonstrating employer noncompliance with the Fair Labor Standards Act. That noncompliance can be very costly for home care companies. We strongly recommend that home care companies stay on top of all the federal and state wage and hour law requirements and consider internal self-audits as a tool to avoid liabilities.”

Building on the Essential Workers – Essential Protections Initiative, the Wage and Hour Division embarked on a series of steps to increase communication between health care employers and the federal agency. They conducted more than 70 listening sessions with over 500 stakeholders across 50 cities nationwide.

“The U.S. Department of Labor’s recently announced ‘Good Jobs Initiative’ focuses on connecting the dots between the needs of employers and workers. The disruption caused by the pandemic provides a unique opportunity to ensure full and fair employment opportunities and proper wages as the country goes back to work. We can improve conditions for women who dominate the healthcare industry, and the nation’s economic recovery can propel us toward greater equity,” Lazzeri added.

House Passes Bill to Improve Health Care Worker Well-Being

The U.S. House of Representatives recently passed the Dr. Lorna Breen Health Care Provider Protection Act (H.R. 1667), legislation to fund programs to improve the well-being and mental health of health care workers, including proivders of home-based care.

This legislation is motivated at least in part by concern about the unprecedented stress and burnout health care workers have faced as a result of the demands put upon them by the COVID-19 pandemic. The law is named for Dr. Lorna Breen, the medical director of the emergency department at New York-Presbyterian Allen Hospital, who died by suicide in the Spring of 2020.

The bill passed in the U.S. Senate in August, but it will now go back to that chamber since a small change was made to the House version. If it passes, it will then go to President Biden to be signed into law.

The bill would:

  • Establish grants for health care providers and professional associations for employee education, peer-support programming, and mental and behavioral health treatment; health care providers in areas with health professional shortages or rural areas will be prioritized.
  • Establish grants for health profession schools, academic health centers, or other institutions to help them train health workers in strategies to prevent suicide, burnout, mental health conditions, and substance use disorders. The grants would also help improve health care professionals’ well-being and job satisfaction.
  • Seek to identify and disseminate evidence-informed best practices for reducing and preventing suicide and burnout among health care professionals, training health care professionals in appropriate strategies, and promoting their mental and behavioral health and job satisfaction.
  • Establish a national evidence-based education and awareness campaign targeting health care professionals to encourage them to seek support and treatment for mental and behavioral health concerns.
  • Establish a comprehensive study on health care professional mental and behavioral health and burnout, including the impact of the COVID-19 pandemic on such professionals’ health.

The bill calls for $45 million per year for FY 2022-2024 for the above activities.

While the early 2022 legislative calendar remains in flux, it is possible that the Senate will soon consider the legislation and possibly seek passage via the fast-tracked “unanimous consent” process, which would clear the way for President Biden to sign the bill into law.

The pandemic, coupled with historic workforce shortages that have forced providers to work longer and harder than ever before, continue to strain caregiver’s ability to take attend to their own behavioral health needs. The National Association for Home Care & Hospice urges Congress to swiftly cooperate to pass the Dr. Lorna Breen Health Care Provider Protection Act, and we stand ready to work with the Administration and other stakeholders to ensure its successful implementation.

House Passes Bill to Improve Health Care Worker Well-Being

The U.S. House of Representatives recently passed the Dr. Lorna Breen Health Care Provider Protection Act (H.R. 1667), legislation to fund programs to improve the well-being and mental health of health care workers, including proivders of home-based care. This legislation is motivated at least in part by concern about the unprecedented stress and burnout health care…

OSHA’s COVID -19 Standards: What Home Care Providers Need to Know

  • Thursday, September 23, 2021
  • 3:00-4:00pm Eastern
  • Free to all

REGISTER

The National Association for Home Care & Hospice (NAHC) will present an important new webinar, OSHA COVID -19 Standards: What Home Health, Home Care, and Hospice Providers Need to Know, on Thursday, September 23, 2021

Description:

As per President Biden’s Executive Order to protect health care workers from COVID-19 exposure, OSHA has promulgated an extensive and comprehensive standard for employers. The Emergency Temporary Standard for all health care workers released on 6/21/2021 is a heavy hitterDo not let the word TEMPORARY fool you. The home care and hospice industry should expect inspections and enforcement. This standard intersects with three other OSHA standards and OSHA is prepared to deliver financial penalties for non-compliance.

The information in this webinar should be extremely valuable to your agency.

Faculty:

  • Barbara B. Citarella RN, BSN, MS, CHCE, NHDP-BC
    Subject Matter Expert for Health and Human Services ASPR TRACIE
    National Healthcare Disaster Professional
  • Mary Carr, RN, MPH
    V.P. for Regulatory Affairs
    National Association for Home Care & Hospice

Registration Fees
Members: Free
Non-members: Free

REGISTER