The Occupational Safety and Health Administration's (OSHA's) permanent rule to help keep health care workers from getting COVID-19 has been sent to the White House for review, the last step before an agency releases a rule. We've gathered articles on the news from SHRM Online and other media outlets.
History of the Rule
OSHA issued a COVID-19 temporary standard for health care workers in June 2021, but it stopped enforcing most of the standard in December 2021 when the agency did not meet a six-month deadline to issue a final version.
Hospital and nursing groups have opposed a permanent COVID-19 standard. They reason that they already must comply with Centers for Medicare & Medicaid Services (CMS) rules, including COVID-19 vaccinations for workers, and guidelines from the Centers for Disease Control and Prevention. Health care unions say a rule is needed to ensure medical providers are protecting workers.
The text of the regulation, sent Dec. 7 to the White House, hasn't been released. If the standard follows the prior temporary rule's requirements, it's likely to require employers to have infection protection programs and to track workers' COVID-19 cases.
Republicans Oppose Permanent Standard
On Sept. 26, House Education and Labor Committee Republican Leader Virginia Foxx, R-N.C., and Workforce Protections Subcommittee Republican Leader Fred Keller, R-Pa., wrote to OSHA Assistant Secretary Douglas Parker to oppose the agency's anticipated COVID-19 rule. "In light of President Biden's recent proclamation regarding the end of the pandemic, the impracticality of the forthcoming regulatory scheme and OSHA's questionable legal authority, we write to express our strong disapproval of your decision to move forward with this ill-advised rule and urge your agency to abandon it," they stated.
Supreme Court Rulings
On Jan. 13, the U.S. Supreme Court halted OSHA's emergency temporary standard (ETS) for private businesses with at least 100 employees. The high court's ruling meant that OSHA couldn't enforce this ETS while the 6th U.S. Circuit Court of Appeals considered the merits of lawsuits against the directive.
OSHA officially ended the litigation by withdrawing the temporary standard effective Jan. 26, but employers should note that the temporary directive served a dual purpose. The temporary standard also acts as a proposal for a permanent standard, which is separate from the litigation and requires the agency to undergo a formal rulemaking process with a notice-and-comment period.
In a separate opinion on Jan. 13, the Supreme Court allowed the CMS to require COVID-19 vaccination for health care workers at Medicare- and Medicaid-certified providers.
(SHRM Online) and (SHRM Online)
Nearly Half of States Call for Repeal of COVID-19 Vaccine Requirements
Twenty-two state attorneys general are asking the Biden administration to end its requirement for health care providers to get the COVID-19 vaccine. They said the requirement is causing critical shortages of health care workers and the vaccine doesn't prevent transmission. The requirement affects 10.4 million workers at 76,000 health care facilities, as well as home health care providers.
(FOX News)
Some Employers Require COVID-19 Vaccinations
Approximately one-third of all businesses, regardless of whether they engage in health care services, still require workers to get COVID-19 vaccinations, Mercer found in a recent survey of more than 700 employers. However, the number of employers requiring workers to be vaccinated decreased this year to 32 percent from 34 percent in 2021. Fewer numbers of employers require one booster (16 percent) or two (11 percent).
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