OSHA COVID-19 Health Emergency Temporary Standard (“ETS”)

From ANCOR:

The Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Health Emergency Temporary Standard (“ETS”) became effective for healthcare settings when published in the Federal Register on June 21, 2021.

Since publication, we’ve received questions, comments, and concerns from ANCOR membership concerning whether the ETS applies to home and community-based services. Unfortunately, the new regulations are not industry specific making it difficult to apply universal standards for whether a service falls within the scope of the ETS. As service delivery differs by state and provider, each provider will need to conduct an individual analysis of both the service provided and setting delivered to determine appropriate compliance under the ETS.

Attached, please find a brief scope summary with questions for consideration to support your individual analysis of whether the services you provide fall within the scope of the ETS. Also attached as a companion piece, please find Guide Consulting’s breakdown of the ETS with key requirements shared last month on the ACC. For further reference, OSHA also posted a webinar breaking down the scope and requirements here.

ANCOR will be submitting written comment requesting additional guidance on applicability to home and community-based services. Written comments on the ETS are due by August 20, 2021 and can be submitted electronically for Docket No. OSHA-2020-0004 via the Federal eRulemaking Portal at www.regulations.gov.

Thanks and please do not hesitate to reach out with questions or concerns.

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Lydia Dawson, J.D.
ANCOR | Director of Policy, Regulatory and Legal Analysis
571.932.5375 |
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