The Healthcare ETS applies to settings where any employee provides health care services or health care support services, such as hospitals, nursing homes, and assisted living facilities. Notably, fully vaccinated workers are exempt from masking, distancing, and barrier requirements when in well-defined areas where there is no reasonable expectation that any person with suspected or confirmed COVID-19 will be present.
Key Requirements of Healthcare ETS
- COVID-19 plan (required to be in writing if more than 10 employees)
- Patient screening and management
- Standard and transmission-based precautions
- Personal protective equipment
- Physical distancing
- Physical barriers
- Aerosol-generating procedures on persons with suspected or confirmed COVID-19
- Cleaning and disinfection
- Ventilation
- Health screening and medical management
- Vaccination
- Training
- Anti-retaliation
- Requirements must be implemented at no cost to employees
- Recordkeeping
- Reporting COVID-19 fatalities and hospitalizations to OSHA
- Mini respiratory protection program at 29 CFR 1910.504
The ETS is effective immediately upon publication in the Federal Register. Employers must comply with most provisions within 14 days, and with provisions involving physical barriers (29 CFR 1910.502(i)), ventilation (29 CFR 1910.502(k)), and training (29 CFR 1910.502(n)) within 30 days.
The 28 states with their own OSHA-approved plans must either amend their standards to be identical, or “at least as effective as” the new standard, or show that an existing state standard is “at least as effective” as the new standard. Within 30 days of the promulgation date of the final rule, states must adopt the ETS.
A link to OSHA’s webpage for the ETS is here.
Key Takeaways for Industries Not Covered by Healthcare ETS
- The guidance creates no new legal obligations. Employers must still comply with applicable existing OSHA standards and regulations, including the General Duty Clause, Section 5(a)(1), which requires employers to provide workers with a safe and healthful workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.
- Unvaccinated workers are to follow their employer’s existing COVID-19 prevention programs. If a program does not exist, unvaccinated workers are to (1) identify opportunities to get vaccinated; (2) properly wear face coverings; (3) physically distance; (4) participate in relevant training opportunities; and (5) practice good personal hygiene, monitor health daily, and be alert for COVID-19 symptoms.
- Employers should grant paid time off for employees to get vaccinated.
- Employers should suggest that unvaccinated customers, visitors, or guests wear face coverings, especially in public-facing workplaces such as retail establishments.
The full text of the guidance is here.
