by David Blane On Thursday, June 10, 2021, the Occupational Safety and Health Administration issued two new documents aimed at protecting workers from SARS CoV-2 the virus that causes COVID-19 disease. The first is an update to OSHA’s current guidance on mitigating and preventing the spread of the disease in all workplaces.  The second is an Emergency Temporary Standard (ETS) for healthcare settings.

COVID-19 Guidance for All Workplaces

The updated COVID-19 Guidance for Workplaces focuses only on protecting unvaccinated or otherwise at-risk workers in their workplaces.  Except for workplace settings covered by OSHA's ETS and mask requirements for public transportation, most employers are no longer required to take steps to protect their workers from COVID-19 exposure in any workplace, or well-defined portions of a workplace, where all employees are fully vaccinated. Employers should engage with workers and their representatives to determine how to implement multi-layered interventions to protect unvaccinated or otherwise at-risk workers and mitigate the spread of COVID-19, including:

1. 1. 1. Grant paid time off for employees to get vaccinated.
      2. Instruct any workers who are infected, unvaccinated workers who have had close contact with someone who tested positive for SARS-CoV-2, and all workers with COVID-19 symptoms to stay home from work.
      3. Implement physical distancing for unvaccinated and otherwise at-risk workers in all communal areas.
      4. Provide unvaccinated and otherwise at-risk workers with face coverings or surgical masks, unless their work task requires a respirator or other PPE.
      5. Educate and train workers on your COVID-19 policies and procedures using accessible formats and in language they understand.
      6. Suggest that unvaccinated customers, visitors, or guests wear face coverings.
      7. Maintain Ventilation Systems.
      8. Perform routine cleaning and disinfection.
      9. Record and report COVID-19 infections and deaths.
      10. Implement protections from retaliation and set up an anonymous process for workers to voice concerns about COVID-19-related hazards.
      11. Follow other applicable mandatory OSHA standards

Emergency Temporary Standard For Healthcare (ETS)

OSHA also issued an ETS that requires employers to help protect healthcare workers in settings where suspected or confirmed COVID-19 patients are treated. When OSHA publishes a temporary standard in the Federal Register, it takes effect immediately and remains in effect until replaced by a permanent standard.  State Plans are required to have an ETS that is at least as effective within 30 days.  According to OSHA’s practices, the temporary standard also serves as a proposal for a permanent standard and is subject to the normal rulemaking procedures for adopting a permanent standard, except that it must be finalized within six months. The ETS, codified 29 CFR 1910 Subpart U – COVID-19 Emergency Temporary Standard contains two important sections for employers that:

• • • Identify covered healthcare facilities, and details protections and programs for them
    • Establish a mini respiratory protection program where respirator use is not required by the employer

Healthcare Facilities

The healthcare section applies to all settings where any employee provides health care services or healthcare support services; however, there are specific healthcare settings that are not covered.  A commonality found among some healthcare settings which are exempt is where all employees are fully vaccinated, and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not present or permitted. The scope and application sections could prove confusing to employers trying to determine if their operations are covered. We encourage all employers to review this section carefully to determine if their operations are covered. The document then outlines all required protections and programs for the covered facilities. The sections such as patient screening and management, health screening and medical management, and recordkeeping could present challenges for employers, including push back from employees over medical confidentiality. Also, while not specifically stated in the regulation, having fully vaccinated employees in some specific healthcare settings is indirectly encouraged as a means of gaining exemption from the requirements.

Mini Respiratory Protection Program

Historically, OSHA’s respiratory protection standard is a thorough and detailed account of respirator types and the accompanying required procedures.  The agency has required this program for many workplaces where respiratory hazards are present, such as asbestos, chemicals, or infectious diseases. The newly published “Mini Respiratory Protection Program” allows the agency a specific code to apply for COVID-19 respiratory protection violations.  It generally mirrors the current standard but also abbreviates the usual procedures and paperwork so employers can implement worker respiratory protections more quickly and easily than the comprehensive standard.

Further Information

Cornerstone’s Health and Safety department has developed a program for industrial facilities to reduce workers’ exposure to COVID-19 in the workplace.  Contact us at info@corner-enviro.com or on our website https://www.cornerstone-ehs.com/contact-us/ for more information.

David Blane is a Senior Health and Safety Specialist.  He is a Certified Safety Professional by the Board of Safety Professionals.  He currently provides health and safety compliance auditing, program development, training, and industrial hygiene monitoring to Cornerstone’s industrial and construction sector clients.  Blane formerly served as an OSHA compliance inspector.