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OSHA's new COVID-19 standard for healthcare entities offers guidance for others

August 2021 employment law letter
Authors: 
Kelsey Heino, Goosmann Law Firm

The Occupational Safety and Health Administration (OSHA) recently adopted a COVID-19 emergency temporary standard (ETS) for healthcare workplaces (https://bit.ly/3xg42Io). The standard makes a requirement out of what most healthcare providers are already doing—e.g., physical distancing, personal protective equipment (PPE), sanitization, and patient screening.

Employers may need to add a few additional things to their regimen, however, most notably by documenting the whole process in a written coronavirus emergency plan (if they have 10 or more employees). The measure went into effect and training was supposed to be conducted by July 21, 2021.

Who's covered by OSHA's ETS

OSHA's ETS is aimed at protecting workers facing the highest COVID-19 hazards, i.e., those working in healthcare settings where suspected or confirmed coronavirus patients are treated. They include employees in hospitals, nursing homes, and assisted living facilities as well as emergency responders, home healthcare workers, and employees in ambulatory care facilities treating suspected or confirmed coronavirus patients.

In a nutshell, the ETS applies, with some exceptions, to settings where any employee provides healthcare services or healthcare support services. Here are some requirements:

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