By A. Scott Hecker, Adam R. Younger, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: On December 7, 2022, OSHA submitted its “Occupational Publicity to COVID-19 in Healthcare Settings” customary to the White Home Workplace of Administration and Funds’s Workplace of Data and Regulatory Affairs (“OIRA”) for closing evaluation.
OSHA revealed a flowchart to assist workplaces decide in the event that they had been lined below OSHA’s now-expired COVID-19 Healthcare Emergency Non permanent Normal (“ETS”). OSHA introduced the withdrawal of its healthcare-focused ETS on December 27, 2021, virtually a 12 months in the past, acknowledging that it couldn’t meet the OSH Act’s six-month deadline to subject a everlasting customary. Within the announcement withdrawing the non-recordkeeping provisions of the ETS, OSHA additional suggested “that it intend[ed] to proceed to work expeditiously to subject a closing customary that may defend healthcare staff from COVID-19 hazards, and can accomplish that because it additionally considers its broader infectious illness rulemaking.”
As we blogged with respect to the now-defunct COVID-19 “Vax or Take a look at” rulemaking, OIRA evaluation is among the final steps within the regulatory course of earlier than the Federal Register publishes a closing rule. Whereas OIRA’s evaluation timelines can range, and the rule’s textual content shouldn’t be but public, healthcare sector employers ought to concentrate on this growth to organize for compliance within the coming months, probably the primary quarter of 2023.
By any measure, we appear to be approaching the top of the healthcare COVID-19 rulemaking course of, and we anticipate the brand new healthcare everlasting customary to carefully observe most necessities from the healthcare ETS (which many hospitals retained). However hospitals and different well being care employers must be attuned to new COVID-19 necessities and protocols. Stakeholders additionally ought to stay conscious for any forthcoming “broader” infectious illness rulemaking from OSHA as effectively.
For extra info on this or any associated subject please contact the authors, your Seyfarth lawyer, or any member of the Office Security and Well being (OSHA/MSHA) Workforce.
