The U.S. Supreme Court has blocked OSHA from enforcing the OSHA Vaccination and Testing Emergency Temporary Standard (ETS) proposed in November 2021.  In addition, the June 2021 OSHA Healthcare ETS expired on December 21, 2021, except for all of the recordkeeping provisions. The non-recordkeeping provisions have been removed, including the medical removal benefit. Providers no longer are required to provide those benefits when staff miss work. 

In a statement, OSHA reiterated the recordkeeping provisions remain in place for healthcare providers. Under the recordkeeping and reporting provisions of the Healthcare ETS, health care employers with more than 10 employees must continue the following actions:  

• Establish and maintain a log of COVID-19 cases among employees, regardless of whether or not they are connected to workplace exposures;

• Provide, by the end of the next business day upon request, the individual COVID-19 log entry of an employee to that employee and any person who has the written consent of the employee;

• Provide, by the end of the next business day upon request, a version of the COVID-19 log with personally identifiable information of employees removed to any employees or their personal or authorized representatives;

• Provide, by the end of the next business day, all COVID-19 records to OSHA;

• Report to OSHA any work-related COVID-19 fatality within eight hours of learning of the fatality; and 

• Report to OSHA any work-related COVID-19 inpatient hospitalization within 24 hours of learning of the hospitalization.

Questions?

Contact:

Laura Hofmann, MSN, RN – Director of Clinical and Nursing Facility Regulatory Services
c: 425-231-4804