OSHA Releases COVID-19 Protection Standard for Health Care Settings
On June 10, the U.S. Occupational Safety and Health Administration (OSHA) released an Emergency Temporary Standard (ETS) describing specifically what certain health care industry employers must do to protect their workers from exposure to the coronavirus that causes COVID-19.
OSHA believes that because of exposures caused by patients, employees in these health care settings are still in “grave danger” regardless of whether they have been fully vaccinated. OSHA also issued several supporting documents such as a fact sheet, a summary, a series of FAQs, and a flow chart to help determine if a workplace is covered.
Notably, the ETS does not apply to non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings. All employers not covered by the ETS are still subject to the obligations under OSHA’s General Duty Clause and expected to consult and follow enhanced guidance OSHA also issued on June 10.
Once the ETS has been published in the Federal Register, it will be in effect. Employers must comply with most provisions within 14 days and with the remaining provisions within 30 days. OSHA will use its enforcement discretion to avoid citing employers who are making a good faith effort to comply with the ETS. There will be a 30-day comment period once the ETS is published. Under the statute, a permanent regulation is to be issued within 60 days.
Impact on General Dentistry: AGD is currently reviewing the ETS to evaluate its potential impact on the delivery of dental care and dental practices. AGD plans to respond to the OSHA COVID-19 ETS accordingly. AGD encourages all members to review official OSHA publications to determine what course of action will be necessary to ensure they are in compliance.
OSHA believes that because of exposures caused by patients, employees in these health care settings are still in “grave danger” regardless of whether they have been fully vaccinated. OSHA also issued several supporting documents such as a fact sheet, a summary, a series of FAQs, and a flow chart to help determine if a workplace is covered.
Notably, the ETS does not apply to non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings. All employers not covered by the ETS are still subject to the obligations under OSHA’s General Duty Clause and expected to consult and follow enhanced guidance OSHA also issued on June 10.
Once the ETS has been published in the Federal Register, it will be in effect. Employers must comply with most provisions within 14 days and with the remaining provisions within 30 days. OSHA will use its enforcement discretion to avoid citing employers who are making a good faith effort to comply with the ETS. There will be a 30-day comment period once the ETS is published. Under the statute, a permanent regulation is to be issued within 60 days.
Impact on General Dentistry: AGD is currently reviewing the ETS to evaluate its potential impact on the delivery of dental care and dental practices. AGD plans to respond to the OSHA COVID-19 ETS accordingly. AGD encourages all members to review official OSHA publications to determine what course of action will be necessary to ensure they are in compliance.