The Occupational Safety and Health Administration announced its intention to withdraw the non-recordkeeping portions of the COVID-19 Healthcare Emergency Temporary Standard (Healthcare ETS). According to a statement from the agency, the decision comes as OSHA anticipates a final rule cannot be completed within the timeframe contemplated by the OSH Act.
The Healthcare ETS was originally adopted on June 21, 2021, to protect workers in settings providing healthcare or healthcare support services. While non-recordkeeping portions are being withdrawn, OSHA noted that COVID-19 log and reporting provisions remain in effect under a separate provision of the OSH Act.
OSHA stated that the danger faced by healthcare workers remains a high concern due to the spread of the Delta and Omicron variants. The agency is encouraging healthcare employers to continue implementing the ETS requirements to protect employees from hazards that can cause serious physical harm or death.
As the agency works toward a permanent regulatory solution, OSHA will use the general duty clause and existing standards, such as the Personal Protective Equipment (PPE) and Respiratory Protection Standards, to protect healthcare employees. OSHA stated it will accept compliance with the terms of the Healthcare ETS as satisfying related obligations under the general duty clause and respiratory protection standards.
OSHA plans to publish a notice in the Federal Register regarding this announcement. The agency intends to continue working to issue a final standard to protect healthcare workers while considering broader infectious disease rulemaking.
