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On 10 June 2021, after months of anticipation by workers and the business community, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard
1 (COVID ETS) with significant implications for health care employers. When OSHA initially announced its plan to issue COVID workplace safety rules, many assumed the rules would apply across all industries, with some special guidance for healthcare employers. However, OSHA opted to limit the COVID ETS to the healthcare sector and issue separate, optional guidance for the rest of the U.S. workforce.
As discussed in more detail below, the COVID ETS mandates that certain healthcare employers develop and implement a COVID-19 plan and comply with specific regulations aimed at protecting employees from exposure to COVID-19 in the workplace. This comprehensive standard addresses a wide range of workplace safety topics and provides detailed requirements for supplying personal protective equipment (PPE) to employees, updating ventilation systems, administering employee health screenings, removing employees from the workplace due to COVID-19, and training the workforce on all COVID-19 policies. Though COVID-19 vaccinations have been the primary focus for many healthcare employers, the COVID ETS does not include a vaccination mandate. However, the COVID ETS does exempt certain healthcare workplaces from some requirements if their workforce is fully vaccinated. Similar to some of the federal legislation enacted during the pandemic, the COVID ETS also requires most covered employers to provide a form of paid leave to employees who must be removed from the workplace due to COVID-19. The COVID ETS will be effective upon publication in the Federal Register, though it is unclear when that will occur. Healthcare employers will have 14 days to comply with most of the COVID ETS, but will have 30 days to comply with those provisions related to ventilation, physical barriers, and training.