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OSHA issues safety standards for healthcare industry, best-practice guidance

July 2021 employment law letter
Authors: 
Alexander J. Burridge, Bodman PLC

The Occupational Safety and Health Administration (OSHA) published its long-awaited emergency temporary standard (ETS) and accompanying guidance, “Protecting Workers,” on June 10, 2021. The ETS applies to covered healthcare employers, while the guidance articulates best practices for all employers in providing a “safe and healthful workplace.” Like the emergency rules issued by the Michigan Occupational Safety and Health Administration (MIOSHA) (applicable to all employers in the state), OSHA’s new guidance distinguishes between vaccinated and unvaccinated employees and focuses on continued masking and distancing recommendations for those who aren’t yet fully vaccinated.

OSHA guidance

Grant paid leave to incentivize vaccination. Under the American Rescue Plan, employers with 500 or fewer employees that voluntarily provide them with paid leave to obtain and recover from a vaccination may be eligible for refundable payroll tax credits.

Instruct certain employees to stay home from work. Employees who are diagnosed with COVID-19 and display symptoms shouldn’t be permitted in the workplace. Unvaccinated employees who report close contact with a confirmed coronavirus case also should also be denied entrance.

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