OSHA seeks input for COVID-19 rule for health care employers

OSHA has partially reopened the rule-making record and scheduled an informal public hearing on the development of a final standard to protect health care and health care support service workers from workplace COVID-19 exposure. 

The public is invited to submit written comments regarding the final standard by this April 22. Individuals interested in testifying at the hearing must submit their intent to appear no later than 14 days after the notice is published in the Federal Register (April 6, 2022). The public hearing will begin on April 27, 2022.

In 2021, OSHA issued an emergency temporary standard (ETS) to protect workers in health care settings from occupational exposure to COVID-19. The ETS also served as a proposed rule and focused on health care workers most likely to have contact with people infected with the virus. OSHA is reopening the rule-making record to allow for new data and comments on the topic that include:

• Aligning the standard with the Centers for Disease Control and Prevention’s recommendations for health care infection control procedures.

• Providing additional flexibility for employers.

• Removing some exemptions.

• Tailoring controls to address interactions with people suspected or confirmed to have COVID-19.

This OSHA notice does not create any new or additional obligation on employers. Employers must continue to comply with current requirements under the general duty clause, personal protective equipment, and respiratory protection standards to prevent and mitigate COVID-19 cases.