Tag: OSHA

OSHA Seeks Input from Home Care Providers on a Potential Workplace Safety Rule

The Occupational Safety and Health Administration (OSHA) has notified the Small Business Administration (SBA) Office of Advocacy  that OSHA intends to convene its Small Business Advocacy Review (SBAR) panel (also known as a “SBREFA” panel) on a possible Prevention of Workplace Violence in Healthcare and Social Assistance rule. The panel, scheduled to formally convene  on…

Free Webinar on Submitting Injury & Illness Data to OSHA

February 2, 2023 10:00 AM to Noon Eastern Register here OSHA is hosting a free webinar on its recordkeeping requirements and electronically submitting workplace injury and illness data using the Injury Tracking Application. Have you reviewed your 2022 OSHA 300 log and is the form 300A ready to post by February 1? Are you required…

OSHA Reminder: Submit 2022 Injury Tracking Application

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is reminding employers that the agency is collecting calendar year 2022 Form 300A data. Employers must submit the form electronically by March 2, 2023. Establishments under Federal OSHA jurisdiction can use the ITA Coverage Application to determine if they are required to electronically report their injury…

Supreme Court Rejects Challenge to COVID-19 Worker Vax Mandate

On Monday, October 3, the United States Supreme Court rejected an appeal from ten states attorneys general, declining to hear their legal challenge to the COVID-19 health care worker vaccination mandate created by the Centers for Medicare & Medicaid Services. The mandate, which included exemptions for religious purposes, applied to about 10.4 million workers at care facilities that receive…

OSHA to Ramp Up Coronavirus Inspections

Remember OSHA’s Emergency Temporary Standard (ETS) from June 2021? You need to. The agency announced earlier this month its intention to increase its coronavirus inspection goal from 5% to 10% in response to reports from the CDC of increasing COVID-related hospitalizations nationwide. Data from the CDC forecasts these rate increases will continue in the coming weeks.

The original ETS, issued June 21, 2021, was updated and adjusted on December 27, 2021, withdrawing all but the recordkeeping portion of the rule. OSHA’s intention remains, however, to continue to work to issue a final standard that will protect healthcare workers from COVID-19 hazards.

Further, the agency states “OSHA believes the danger faced by healthcare workers continues to be of the highest concern and measures to prevent the spread of COVID-19 are still needed to protect them. Given these facts, and given OSHA’s anticipated finalization of this rule, OSHA strongly encourages all healthcare employers to continue to implement the ETS’s requirements in order to protect employees from a hazard that too often causes death or serious physical harm to employees.”

Regarding the increase in inspections, EHS Daily Advisor reported “OSHA has issued more than 1200 coronavirus-related citations since the beginning of the pandemic” and “industries targeted under the National Emphasis Program include ambulance and home healthcare services”, among others.

What does this mean for your business?

  • Currently, the recordkeeping portion of the ETS issued on June 21, 2021 is still in effect.
  • OSHA has made it clear that businesses that continue to adhere to the entire ETS will be in compliance under the general duty clause.
  • The ETS specifically exempted home care companies IF services were provided in home healthcare settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not present.
  • OSHA’s Personal Protective Equipment standards remain in effect.

The expectation is that OSHA will release an updated standard this fall. NAHC will continue to monitor this and will let our members know as more information becomes available.

In the meantime, please contact Kristen Wheeler at kwheeler@nahc.org or at 305-849-1300 with any questions or concerns.

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 Proposes to Revise Injury and Illness Log Submission Requirements

The Occupational Safety and Health Administration (OSHA) is proposing to amend its occupational injury and illness recordkeeping regulation to require certain employers to electronically submit injury and illness information to OSHA that employers are already required to keep under the recordkeeping regulation.

Specifically, OSHA proposes to amend its regulation to require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300, 301, and 300A to OSHA once a year. Establishments with 20 or more employees in certain industries would continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year.

In addition, the proposed rule would remove the current requirement for establishments with 250 or more employees, not in a designated industry, to electronically submit information from their Form 300A to OSHA on an annual basis.

OSHA intends to post the data from the proposed annual electronic submission requirement on a public website after identifying and removing information that reasonably identifies individuals directly.

OSHA has developed a list (Appendix A) of Industries that will be required to continue to electronically submit  Form 300A  annually if they have 20 or more employees . The second list (Appendix B) includes   the industries that OSHA proposes to require submission of Forms 300, 301, and 300A annually if they have 100 or more employees.

Neither home health or hospice agencies are on the lists and therefore are not included in the proposed OSHA form submission requirements. Additionally, since OSHA is  proposing to eliminate the requirement for employers with 250 or more employees to submit the Form 300A, large  home health and hospice organizations will no longer be required to comply with this requirement if OSHA finalizes its proposed submission provisions.

OSHA Proposes to Revise Injury and Illness Log Submission Requirements

The Occupational Safety and Health Administration (OSHA) is proposing to amend its occupational injury and illness recordkeeping regulation to require certain employers to electronically submit injury and illness information to OSHA that employers are already required to keep under the recordkeeping regulation.

Specifically, OSHA proposes to amend its regulation to require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300, 301, and 300A to OSHA once a year. Establishments with 20 or more employees in certain industries would continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year.

In addition, the proposed rule would remove the current requirement for establishments with 250 or more employees, not in a designated industry, to electronically submit information from their Form 300A to OSHA on an annual basis.

OSHA intends to post the data from the proposed annual electronic submission requirement on a public website after identifying and removing information that reasonably identifies individuals directly.

OSHA has developed a list (Appendix A) of Industries that will be required to continue to electronically submit  Form 300A  annually if they have 20 or more employees . The second list (Appendix B) includes   the industries that OSHA proposes to require submission of Forms 300, 301, and 300A annually if they have 100 or more employees.

Neither home health or hospice agencies are on the lists and therefore are not included in the proposed OSHA form submission requirements. Additionally, since OSHA is  proposing to eliminate the requirement for employers with 250 or more employees to submit the Form 300A, large  home health and hospice organizations will no longer be required to comply with this requirement if OSHA finalizes its proposed submission provisions.