OSHA Healthcare ETS and Vaccine Mandate ETS – What You Need to Know
(Scroll to bottom for information on the Jan. 6th AHCA webinar)
On December 27, 2021 the Occupational Safety and Health Administration (OSHA) withdrew non-record keeping portions of the healthcare Emergency Temporary Standards (ETS) that were issued in June 2021. This action has two significant impacts: (1) Continued OSHA enforcement of the general duty clause, PPE Standard, and Respiratory Standard and (2) the application of the COVID-19 Vaccine Mandate to healthcare services and healthcare support services, including Nursing Facilities and Assisted Living.
- Ongoing OSHA Enforcement of Safety Standards
OSHA continues to work on a permanent and final standard that is likely to incorporate these non-record keeping portions of the withdrawn Healthcare ETS and the agency stated it would continue to enforce safety standards through the “general duty” clause. OSHA’s statement specifically calls out enforcement of the PPE and Respiratory Protection Standards and that OSHA would accept compliance with the terms of the Healthcare ETS, even though it is withdrawn, “as satisfying employers’ related obligations under the general duty clause, respiratory protection, and PPE standards.” Continued adherence to the Healthcare ETS is recommended. Read more about the Healthcare ETS.
- OSHA COVID-19 Vaccine Mandate ETS Applies to Healthcare Employers of more than 100 Employees
The withdrawal of the Healthcare ETS then avails all healthcare employers with 100 employees or more, including Nursing Facilities and Assisted Living, to the OSHA COVID-19 Vaccine Mandate ETS. The reason for this is that the COVID-19 Vaccine Mandate ETS excluded healthcare services and health care support services when subject to the requirements of the Healthcare ETS. With the Healthcare ETS formally withdrawn the exclusion no longer applies.
Highlights of the OSHA COVID-19 Vaccine Mandate ETS include:
Please note that these dates for compliance have changed based on ongoing litigation. According to OSHA’s COVID-19 Vaccine Mandate website the agency will not issue citations for noncompliance with any requirements of the COVID-19 Vaccine Mandate ETS before January 10, 2022 and will not issue citations for noncompliance with the testing requirements before February 9, 2022. The COVID-19 Vaccine Mandate ETS is currently in effect and set for hearing at the U.S. Supreme Court on January 7, 2022.
- By January 4, 2022 (now delayed, see above note), employers must ensure that their employees have completed their primary series of vaccination.
- If employees have not completed their primary series at that time, they will need to provide a verified weekly test to their employees on a weekly basis. If an employee tests positive on a COVID-19 test they must be removed from the workplace until it is safe for them to return.
- Employers are not required to cover the cost of this weekly testing.
- Those employees who are not vaccinated will also be required to wear a mask while in the workplace.
- Employers are permitted to offer a weekly testing option to unvaccinated employees.
- Unvaccinated employees who are exempted due to medial or religious reasons are subject to COVID-19 testing requirements and face coverings (and beyond for nursing facility and assisted living based on CDC guidance).
- By December 5, 2021 (now delayed, see above note), employers must provide employees paid time to get vaccinated and recover from any side effects.
- Employers are required to obtain proof of vaccination and maintain records of each employee’s vaccination status.
- The COVID-19 Vaccine Mandate ETS also includes a Mini Respiratory Protection Program requirements.
AHCA/NCAL is hosting a webinar for members on the OSHA COVID-19 Vaccine Mandate ETS.
When: Jan. 6, 2022 at 3:00 PM ET
Registration is limited so be sure reserve your spot as soon as possible. Register here.