After months of delay during which the threat posed by the COVID-19 pandemic decreased, the Occupational Health and Safety Administration (OSHA) issued an Emergency Temporary Standard (ETS) on June 10, 2021. Once envisioned as a sweeping regulation covering most workplaces, the ETS was limited to healthcare employers. OSHA created a flowchart to assist healthcare employers to learn if their workplace is covered. OSHA also issued a Fact Sheet summarizing the ETS. A full copy of the ETS is available here.

The ETS requires, inter alia, that covered employers (i) develop and implement a COVID-19 plan (in writing if more than 10 employees) which includes a designated safety coordinator; (ii) provide certain exposed employees with N95 respirators or other personal protective equipment; (iii) provide workers with paid time off to get vaccinated and to recover from side effects; and (iv) permit employees who have COVID-19 or who might be contagious the opportunity to work remotely or otherwise be separated from other workers if possible, or be

given paid time off up to $1,400 per week.

The ETS is a proposed permanent standard that should be ‘converted’ into a permanent standard within six months. An ETS may be challenged in a U.S. Court of Appeals and this ETS may face such a challenge.

The ETS is effective immediately upon publication in the Federal Register. Covered employers must comply with most provisions within 14 days, and with provisions involving physical barriers, ventilation, and training within 30 days.

In addition, OSHA also updated its previously issued COVID-19 guidance, which is applied to all employers, by adding the CDC’s recent recommendations regarding expanded opportunities for fully vaccinated people and addressing protections for workers who are unvaccinated or are otherwise deemed to be at high risk of infection or serious illness.