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  3. DUT-WY-017

Ex. DUT-WY-017 Standing duty Primary source read

Letter to health care providers of July 15, 2021 (File Reference RSC-21-017) on the adoption of the OSHA COVID-19 Healthcare Emergency Temporary Standard

Dear Healthcare Provider;... update and clarification to the adoption of the U.S. Department of Labor's (DOL) Occupational Safety and Health Administration Subpart U-COVID-19 Emergency Temporary Standard (ETS)

Wyoming Department of Workforce Services (Robin Sessions Cooley, Director) and Wyoming OSHA Program (WYOSHA), OSHA Division · Wyoming (State)

The COVID Project

The record

Jurisdiction
Wyoming
Level
State
Authority
29 U.S.C. 667 (State plan 'at least as effective' obligation); Wyo. Stat. Ann. 27-11-105(b)(ii) (Commission rulemaking); 29 C.F.R. 1910.502 (federal Healthcare ETS, June 21, 2021)
Issued
2021-07-15 July 15, 2021
Effective
2021-07-15 (notice; the Wyoming emergency rule's effective date was to be posted separately) (read as 2021-07-15)
In force
July 15, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementHealth care ordersWorkplace rulesVaccination or testing
Addressees
  • health care employers in Wyoming (specified businesses)
Character
recommendation only
Collection
Standing duties: Wyoming DUT-WY

Operative words

As required by the U.S. DOL, the WYOHSA program must be "at least as effective" as the Federal program.... Until the rule adoption process in Wyoming is complete, the COVID-19 Healthcare ETS is not enforceable in Wyoming.

Penalty

None stated (the measures are 'encourage[d]' pending the emergency rule); the federal Healthcare ETS is in the FED layer

What it required

Recorded exactly: the letter states the State plan's obligation to be 'at least as effective' as federal OSHA; announces that on July 1, 2021 WYOSHA and the Commission 'began the process to partially adopt' the Healthcare ETS by a Wyoming emergency rule (adopting 1910.502(a)-(c), (e)-(k), (m)-(p), (r)-(s) and 1910.504,.505,.509; not adopting (d) patient screening, (l) health screening and medical management, (q) recordkeeping); states that the ETS 'is not enforceable in Wyoming' until the rule is adopted; and 'encourage[s]' affected employers to conduct a hazard assessment, 'Develop and implement a written COVID-19 plan for each workplace', provide PPE and respiratory protection, 'Ensure social distancing of 6 feet between workers where possible, and if not feasible erect barriers', and provide paid time off for vaccination.

Retrieval note

The spelling 'WYOHSA' is the letter's. A Q3 2021 instrument of the State plan: the standing 'at least as effective' duty is stated as mandatory; the five listed measures are recommendations pending the rule; the Wyoming emergency rule itself and its effective date were not located with this session's tools and are described by category only.