Emergency Rule Setting Covid-19 Workplace Safety Parameters for Employers in the Health Care Sector

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In June 2021 OSHA (Occupational Safety and Health Administration) issued an emergency rule setting workplace safety standards for healthcare sector employers applicable during the Covid-19 pandemic.

The announcement was made by Labor Secretary Marty Walsh and Jim Frederick, acting assistant secretary of labor for OSHA. The ETS (Emergency Temporary Standard) outlined what safety measures employers are required to employ for the protection of their healthcare workers. The ETS is effective on the date it is published in the Federal Register (as of the date of the announcement, it had not yet been published, and a publication date was still undetermined).

The Safety of Healthcare Workers:

Since health care workers, especially those who come into regular contact with the virus, are at the highest risk of contracting the virus, the ETS was employed to provide essential protections for workers. After thorough review of the available data and science behind the pandemic, OSHA determined a set of standards that would have the biggest impact for the safety of workers in the healthcare industry.

The Emergency Temporary Standard for Protecting Healthcare Workers:

The ETS exceeds 900 pages (not including explanatory materials made available by the Department of Labor). Some of the requirements put in place by the recently announced ETS include: :

  • Maintain Social Distancing Protocols

  • Properly Screen Patients for Virus Symptoms

  • Give Healthcare Workers Paid Time Off to Receive Vaccinations

  • Give Healthcare Workers Paid Time Off to Recover from Side Effects of Vaccinations

  • Create a Virus Safety Plan Including Specific Elements (if employing 10+ employees, safety plan must be in writing)

  • Screen Workers Prior to Shifts

  • Provide Masks and Other PPE for Use in High-Risk Situations

  • Ensure Masks are Worn Indoors

  • Ensure Masks are Changed Daily

  • Use Ventilation Procedures for Patients Who May Have the Virus

  • Remove Any Employee Who Tests Positive for Covid-19 from the Workplace for Defined Periods of Time (if 10+ employees, and worker can’t operate remotely, employer must continue paying worker normal salary up to $1,400/week for the 1st two weeks of the absence)

  • Remove Any Employee Who is Symptomatic or Suspected of Being Infected for Defined Periods of Time (if 10+ employees, and worker can’t operate remotely, employer must continue paying worker normal salary up to $1,400/week for the 1st two weeks of the absence)

  • Additional Mandates Put in Place by the ETS:

The ETS also mandates that a fully vaccinated healthcare worker does not have to wear a mask or adhere to social distancing or masking requirements if they are in “well defined areas” where the employees present are vaccinated and no one who could potentially have the virus is reasonably expected to be in the same area.

Timeline for New Emergency Temporary Standard Compliance:

While employers will be required to comply with the Covid-19 ETS either within 2 weeks of its taking effect or a month (depending on the mandate), OSHA already said they would use “enforcement discretion” based on whether or not employers are making a good faith effort to comply, but missed the deadline. The DOL also stated they would update the ETS as needed.

If you have questions about workplace safety requirements or how the law protects you on the job, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.