OSHA implements new COVID-19 rules for healthcare employers, guidance for others

July 2021 employment law letter

Authors:

Kristal Leonard, Chad Darcy, and Joseph P. Hoag, Davis Wright Tremaine LLP

The U.S. Department of Labor's (DOL) Occupational Safety and Health Administration (OSHA) recently published its long-awaited COVID-19 emergency temporary standard (ETS) but limited it to only healthcare employers. Covered entities have until July 6, 2021, to implement most of the new requirements and until July 21 to comply with the rules for ventilation, physical barriers, and training. For nonhealthcare employers, the agency published updated COVID-19 guidance, which isn’t an enforceable regulation but will influence how the agency issues violations under the Occupational Safety and Health Act's (OSH Act) general duty clause.

Which healthcare employers are covered

OSHA’s ETS applies to any setting where any employee is providing healthcare services or healthcare support services, except for specified exemptions. The agency has developed a flowchart for employers to help them determine whether the new standard is applicable. It does not apply to:

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