Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)

The record

Jurisdiction

United States (every setting 'where any employee provides healthcare services or healthcare support services'; federal OSHA States directly, State-plan States through adoption within 30 days)

Level

Federal

Authority

OSH Act § 6(c) (29 U.S.C. § 655(c)); Executive Order 13999 (recited)

Issued

2021-06-21 June 21, 2021

Effective

2021-06-21 ('The rule is effective June 21, 2021'); compliance by July 6, 2021 for all provisions except paragraphs (i), (k) and (n), and by July 21, 2021 for those paragraphs (read as 2021-06-21)

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) (read as 2021-12-27)

In force

June 21, 2021 to Dec. 27, 2021

Quarters

2021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation

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

Functions reached

• 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)

Collection

Federal health, safety and transport layer FED-A

Operative words

§ 1910.502(a)(1): 'Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.' (a)(2): 'This 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.' (c)(1): 'The employer must develop and implement a COVID-19 plan for each workplace.' (d): 'In 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.' (h)(1): 'The 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).' (l)(1)(i): 'The employer must screen each employee before each work day and each shift.' (l)(4): medical removal of COVID-19 positive, suspected or exposed employees with medical removal protection benefits; (m): 'The 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.'

Enforcement

Notes