The Occupational Safety and Health Administration (OSHA) announced March 7 that it was increasing inspections of hospitals and nursing care facilities that treat COVID-19 patients. We've gathered articles on the news from SHRM Online and other outlets.
Three-Month Expansion Period
OSHA will expand its presence in health care facilities from March 9 to June 9. The agency will verify and assess hospital and nursing care employers' compliance actions, including their readiness to address any future COVID-19 surges.
On Dec. 27, 2021, OSHA announced its decision to withdraw the nonrecordkeeping portions of its health care emergency temporary standard. The agency will accept continued compliance with this standard as satisfying employers' obligations under the general duty clause and personal protective equipment and respiratory protection standards.
(OSHA)
Withdrawn Emergency Temporary Standard
OSHA's health care emergency temporary standard was effective only for a six-month period, which ended Dec. 21, 2021. On Dec. 27, 2021, OSHA formally withdrew all but the recordkeeping requirements of the emergency temporary standard. Despite this, the agency urged health care providers to continue complying with the emergency temporary standard while OSHA works toward issuing a final standard.
(Vorys)
Permanent Standard
A permanent COVID-19 health care standard will use the now-lapsed emergency standard as its basis. OSHA chief Doug Parker believes the Supreme Court ruling that forecast its rejection of OSHA's vaccine requirement at large businesses—a requirement later withdrawn by the agency—still allows it to continue protecting workers from on-the-job hazards. This is true, according to Parker, even when there are similar exposure risks outside work.
Expect Standard This Year
OSHA has noted in a statement that it will prioritize a permanent COVID-19 safety standard for health care workers. OSHA accepted comments on the vaccine-or-testing proposal through Jan. 19 and received about 121,000 responses, which is "by far the greatest number of comments on a proposed rule OSHA has ever received," according to Eric Hobbs, an attorney with Ogletree Deakins in Milwaukee.
Will OSHA open the record to receive even more comments in light of any changes it intends to make? "That would be wise, but it also would delay publication of a proposed standard," Hobbs noted. Either way, he said, employers are likely to see a permanent COVID-19 standard proposed in 2022, even if the details are not yet clear.
CMS Rule Allowed
On Jan. 13, the Supreme Court allowed the federal Centers for Medicare & Medicaid Services to require COVID-19 vaccination for health care workers at Medicare- and Medicaid-certified providers and suppliers.
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