{"id":"FED-080","kind":"order","level":"federal","jurisdiction":"United States (every setting \u0027where any employee provides healthcare services or healthcare support services\u0027; federal OSHA States directly, State-plan States through adoption within 30 days)","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"Occupational Safety and Health Administration, U.S. Department of Labor","authority":"OSH Act § 6(c) (29 U.S.C. § 655(c)); Executive Order 13999 (recited)","instrument":"Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)","title":"Occupational Exposure to COVID-19; Emergency Temporary Standard, 86 Fed. Reg. 32376 (June 21, 2021)","dateIssued":"2021-06-21","effective":"2021-06-21 (\u0027The rule is effective June 21, 2021\u0027); compliance by July 6, 2021 for all provisions except paragraphs (i), (k) and (n), and by July 21, 2021 for those paragraphs","end":"2021-12-27 (OSHA withdrew the non-recordkeeping provisions; the COVID-19 log and reporting provisions, § 1910.502(q)(2)(ii), (q)(3)(ii)-(iv) and (r), remained); rulemaking terminated Jan. 15, 2025 (90 Fed. Reg., FR Doc. 2025-00632)","startDate":"2021-06-21","endDate":"2021-12-27","quarters":["2021Q2","2021Q3"],"types":["EMP","HC","MASK","CAP","VAX","QUAR"],"addressees":["every employer in a covered healthcare or healthcare-support setting: hospitals, nursing homes, assisted living, home health and home care agencies, ambulatory clinics that admit suspected COVID-19 patients, dental practices not screening out suspected cases, emergency responders, medical transport, healthcare support services performed in a healthcare setting"],"clause":"§ 1910.502(a)(1): \u0027Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.\u0027 (a)(2): \u0027This section does not apply to the following: (i) The provision of first aid by an employee who is not a licensed healthcare provider; (ii) The dispensing of prescriptions by pharmacists in retail settings; (iii) Non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (iv) Well-defined hospital ambulatory care settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (v) Home healthcare settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not present; (vi) Healthcare support services not performed in a healthcare setting (e.g., off-site laundry, off-site medical billing); or (vii) Telehealth services performed outside of a setting where direct patient care occurs.\u0027 (c)(1): \u0027The employer must develop and implement a COVID-19 plan for each workplace.\u0027 (d): \u0027In settings where direct patient care is provided, the employer must: (1) Limit and monitor points of entry to the setting.... (2) Screen and triage all clients, patients, residents, delivery people and other visitors, and other non-employees entering the setting.\u0027 (h)(1): \u0027The employer must ensure that each employee is separated from all other people by at least 6 feet when indoors unless the employer can demonstrate that such physical distancing is not feasible for a specific activity (e.g., hands-on medical care).\u0027 (l)(1)(i): \u0027The employer must screen each employee before each work day and each shift.\u0027 (l)(4): medical removal of COVID-19 positive, suspected or exposed employees with medical removal protection benefits; (m): \u0027The employer must support COVID-19 vaccination for each employee by providing reasonable time and paid leave (e.g., paid sick leave, administrative leave) to each employee for vaccination and any side effects experienced following vaccination.\u0027","enforcement":"Citations and civil penalties under OSH Act §§ 9, 17 (29 U.S.C. §§ 658, 666); inspection procedures DIR 2021-02 (FED-081); § 11(c) and § 1910.502(o) anti-retaliation","functions":["IC infection control (hospitals, physician practices, dental, home care)","ED/CL intake and waiting rooms (entry limits, screening, triage)","SX/PR procedures (aerosol-generating procedure rules, § 1910.502(g))","VS visitation and access (non-employee screening)","HR/WF (daily employee screening; medical removal; paid vaccination leave)","OF administration (written plan, safety coordinator, recordkeeping)","SC PPE (respirators for exposure to suspected or confirmed COVID-19)"],"notes":"The federal instrument of direct effect on health care employers in 2021Q3: a binding occupational safety standard, in force on every day of the quarter, that compelled entry limits, screening, distancing, barriers, ventilation, medical removal and paid leave in every covered setting. Preamble pins: home healthcare coverage 86 Fed. Reg. 32562; in-home providers\u0027 risk 32409; NAICS 621610 at 32530; the (a)(2)(v) exception is the home-healthcare exception and (a)(2)(iv) the hospital ambulatory-care exception.","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2021-06-21/pdf/2021-12428.pdf","snapshot":"","fileExists":true,"fileBytes":22748438,"grade":"primary","character":"","description":"","collection":"FED-A","url":"/library/FED-080","exhibitUrl":"/exhibit/FED-080","citation":"Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)","stateName":"","related":["DUT-IA-015","FED-081","DUT-AK-007","DUT-FED-072","DUT-KS-013","DUT-NE-017","DUT-TN-008","DUT-VT-017","FED-062","SEC-03-005","SEC-04-GM-014","SEC-04-GM-015"]}