OSHA has partially reopened the rulemaking record and scheduled an informal public hearing to seek comments on several topics relating to the development of a final standard to protect healthcare and healthcare support service workers from workplace exposure to COVID-19. In June of last year, OSHA issued an Emergency Temporary Standard (ETS) to protect workers in healthcare settings from occupational exposure to the virus. This ETS also served as a proposed rule and focused on healthcare workers most likely to have contact with people infected with the virus.
Continue Reading OSHA Taking Comments on Proposed Permanent Healthcare COVID-19 Standard
OSHA Announces COVID-19 Enforcement Initiative for Hospitals and Nursing Care Facilities
On March 8, 2022, OSHA released an enforcement memorandum detailing a new initiative involving a short-term increase in highly focused inspections directed at hospitals and skilled nursing care facilities that treat or handle COVID-19 patients. The goal of this initiative is to ensure continued mitigation to control the spread of COVID-19 and future variants of the SARS-CoV-2 virus and protect the health and safety of healthcare workers who are at heightened risk for contracting the virus. This short-term initiative is a supplement to OSHA’s targeted enforcement under the COVID-19 National Emphasis Program (NEP), focusing on follow-up and monitoring inspections of hospitals and skilled nursing care facilities previously inspected or investigated by OSHA. It is also coming as yet-to-be released proposed permanent OSHA regulations to protect health-care workers from COVID-19 are under review at the White House’s Office of Information and Regulatory Affairs, which is typically one of the last steps before regulations are enacted.
Continue Reading OSHA Announces COVID-19 Enforcement Initiative for Hospitals and Nursing Care Facilities
U.S. Supreme Court Upholds Health Care Worker Vaccine Mandate
In a per curiam decision issued January 13, 2022, the U.S. Supreme Court upheld the federal health care worker vaccine mandate rule, finding that the Department of Health & Human Services (HHS) Centers for Medicare & Medicaid Services was authorized by law to issue the rule. See our previous analyses of the rule and subsequent litigation here and here for more background information on the stakes of this case.
Continue Reading U.S. Supreme Court Upholds Health Care Worker Vaccine Mandate
OSHA COVID-19 Emergency Temporary Standard for Healthcare Industry Takes Effect
Below is an excerpt of a legal update co-authored with Robinson+Cole’s Environmental, Energy + Telecommunications Group partners Megan Baroni and Jon Schaefer.
On June 21, 2021, the Occupational Safety and Health Administration (OSHA) adopted its COVID-19 Healthcare Emergency Temporary Standard (ETS). Employers providing health care services will be required to comply with new…
Recent Joint Commission Guidance Recommends Steps for Health Care Organizations to Reduce Workplace Violence
Workplace violence is a risk at any health care workplace. Whether from patients, residents, clients, or employees. The Occupational Safety and Health Administration (“OSHA”) estimates that three quarters of all workplace assaults reported annually – approximately 19,000 – occurred in health care and social service settings.
While OSHA does not have any specific regulations addressing violence in the workplace, OSHA’s General Duty Clause applies to covered employers and requires they provide their employees with a place of employment that is “free from recognized hazards that are causing or are likely to cause death or serious harm.” It is OSHA’s position that the General Duty Clause imposes a legal obligation upon an employer to provide a workplace free of conditions or activities “that either the employer or industry recognizes as hazardous and that cause, or are likely to cause, death or serious physical harm to employees when there is a feasible method to abate the hazard.”
In recent years, OSHA has published guidelines to the health care community – Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers – with specific recommendations to prevent violence in health care workplaces. OSHA also has a webpage dedicated to workplace violence, which provides helpful guidance and training materials.
In an effort to further assist health care organizations better prevent and address violence in their workplaces, in April the Joint Commission released a Sentinel Event Alert addressing physical and verbal violence against health care workers. The Joint Commission accredits and certifies health care organizations and programs in the United States.Continue Reading Recent Joint Commission Guidance Recommends Steps for Health Care Organizations to Reduce Workplace Violence