Source: USDOL, 6/10/21
The U.S. Department of Labor’s Occupational Safety and Health
Administration has announced it will issue an emergency temporary standard to protect
healthcare workers from contracting coronavirus. The standard focuses on
healthcare workers most likely to have contact with someone infected with the
virus. OSHA announced the new standard alongside new general industry guidance,
both of which are aligned with Centers for Disease Control and Prevention
guidance.“Too many of our frontline healthcare workers continue to be at high risk of contracting the coronavirus,” said U.S. Secretary of Labor Marty Walsh. “As I said when I came to the department, we must follow the science. This standard follows the science, and will provide increased protections for those whose health is at heightened risk from coronavirus while they provide us with critical healthcare services. Given the pace of vaccinations, this standard, along with the guidance OSHA, the CDC and other agencies have released, will help us protect frontline healthcare workers and end this pandemic once and for all.” The emergency temporary standard establishes new requirements
for settings where employees provide healthcare or healthcare support services,
including skilled nursing homes and home healthcare, with some exemptions for
healthcare providers who screen out patients who may have COVID-19. OSHA will
update the standard, if necessary, to align with CDC guidelines and changes in
the pandemic. “This standard is necessary to give our healthcare workers deeply needed protections,” said Acting Assistant Secretary of Labor for Occupational Safety and Health Jim Frederick. “This tailored standard allows OSHA to help the workers most in danger of contracting the virus, while the updated guidance will give other businesses across the country the information they need to help protect unvaccinated workers and continue mitigating spread in the workplace.” In addition to the healthcare-focused ETS, OSHA is issuing updated guidance to
help employers and workers in other industries protect workers who are still
not vaccinated, with a special emphasis on other industries noted for prolonged
close-contacts like meat processing, manufacturing, seafood, and grocery and
high-volume retail. The healthcare emergency temporary standard is aimed at protecting workers facing the highest coronavirus hazards—those working in healthcare settings where suspected or confirmed coronavirus patients are treated. This includes employees in hospitals, nursing homes, and assisted living facilities; emergency responders; home healthcare workers; and employees in ambulatory care settings where suspected or confirmed coronavirus patients are treated. The standard will require non-exempt facilities to conduct a
hazard assessment and have a written plan to mitigate virus spread, and
requires healthcare employers to provide some employees with N95 respirators or
other personal protective equipment. In addition, covered employers must ensure
6 feet of distance between workers. In situations where this is not possible,
employers should erect barriers between employees where feasible. The standard also requires covered employees to provide workers
with paid time off to get vaccinated and to recover from any side effects.
Covered employees who have coronavirus or who may be contagious must work
remotely or otherwise be separated from other workers if possible, or be given
paid time off up to $1400 per week. For most businesses with fewer than 500
employees, tax credits in the American Rescue Plan may be reimbursed through
these provisions. The
ETS exempts fully vaccinated workers from masking, distancing and barrier
requirements when in well-defined areas where there is no reasonable
expectation that any person will be present with suspected or confirmed
coronavirus. The
ETS is effective immediately upon publication in the Federal Register.
Employers must comply with most provisions within 14 days and with the
remaining provisions within 30 days. OSHA will use its enforcement
discretion to avoid citing employers who miss a compliance deadline
but are making a good faith effort to comply with the ETS. OSHA
will continue to monitor trends in coronavirus transmission. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s workers by setting and enforcing standards, and providing training, education and assistance. Learn more about OSHA. Editor's note: This
version was updated to reflect the correct name for the Centers for Disease
Control and Prevention.
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