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OSHA Finally Comes Out With COVID-19 Based Regulations for Healthcare Employers

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By Nan Gallagher, JD, Esq.

Just a few days ago, and a year and half into the COVID-19 pandemic, the Occupational Safety and Health Administration finally issued Emergency Temporary Standard (ETS), or regulations, to govern healthcare employers during this public health crisis.  After we all get over the surprising fact that our federal workplace safety agency sat on this for as long as it did, it is time to make sure we take note.  As a certified OSHA Analyst, I have been in awe of how long this process took. 

These ETS regulations, which have been described as overreaching and convoluted, and which remain in an open comment period (and therefore subject to change) until July 21, 2021, set forth training, physical barrier, ventilation, and screening mandates for medical practices.  OSHA has been forecasted to enforce these regulations and to subject healthcare employers to fines for non-compliance.  To determine if your practice falls under the mandates of OSHA’s ETS regulations or if you are exempt, please refer to the flowchart hereRegardless of whether a practice is exempt or not, all healthcare employers are still obligated to comply with the guidelines issued by the New Jersey Department of Health, all applicable Executive Orders in place, and the Administrative Order issued by the New Jersey Division of Consumer Affairs / State Board of Medical Examiners in May 2020. 

For more information, or to discuss fine tuning your COVID-centric OSHA compliance, please contact The Nan Gallagher Law Group today, 973-998-8494.

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