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  3. DUT-VT-017

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

VOSHA Emergency Temporary Standard for the protection of healthcare workers from COVID-19 (29 C.F.R. part 1910, subpart U: 1910.502 Healthcare; 1910.504 Mini Respiratory Protection Program; 1910.505 Severability; 1910.509 Incorporation by Reference), as adopted and posted by VOSHA July 13, 2021

Subpart U, COVID-19 Emergency Temporary Standard (Healthcare), as adopted by VOSHA

Vermont Department of Labor, Vermont Occupational Safety and Health Administration (VOSHA) · Vermont (State)

The COVID Project

The record

Jurisdiction
Vermont
Level
State
Authority
21 V.S.A. secs. 223 and 224 (VOSHA Code standards); 29 U.S.C. sec. 667(c)(2) and 29 C.F.R. 1953.5(b) (State plans adopt federal emergency temporary standards within 30 days); federal ETS: 86 Fed. Reg. 32376 (June 21, 2021), 29 U.S.C. secs. 653, 655, 657
Issued
2021-07-13 July 13, 2021
Effective
2021-07-13 in Vermont (VOSHA adoption; the federal ETS required State-plan adoption within 30 days of June 21, 2021) (read as 2021-07-13)
End
Federal ETS withdrawn (other than recordkeeping) December 27, 2021 (Ex. FED-085); VOSHA listing retained (read as 2021-12-27)
In force
July 13, 2021 to Dec. 27, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementHealth care ordersWorkplace rulesStanding dutyOperating condition
Addressees
  • employers (all settings where any employee provides healthcare services or healthcare support services, with the exemptions of 1910.502(a)(2))
Character
covid workplace rule
Collection
Standing duties: Vermont DUT-VT

Operative words

(a) Scope and application. (1) Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.... (c) COVID-19 plan. (1) The employer must develop and implement a COVID-19 plan for each workplace.

Penalty

21 V.S.A. sec. 210 (serious: up to $12,675 per violation; willful or repeated: up to $126,749 per violation)

What it required

Every Vermont employer in a setting where any employee provides healthcare services or healthcare support services (hospitals, nursing homes, home health, ambulatory care not meeting the vaccinated-and-screened exemption, embedded clinics) to develop and implement a written COVID-19 plan with a designated safety coordinator and hazard assessment, screen and triage patients and visitors, maintain physical distancing and barriers, provide and require facemasks and respirators, follow standard and transmission-based precautions, clean and disinfect, ventilate, screen and exclude employees, provide paid leave for vaccination and its side effects, train employees, keep a COVID-19 log and report fatalities and hospitalizations; every 'must' is a binding VOSHA Code requirement enforced under 21 V.S.A. sec. 210.

Retrieval note

The Department of Labor's document page ('VOSHA Emergency Temporary Standard for the protection of healthcare workers from COVID-19', dated July 13, 2021) links this 42-page PDF, and the VOSHA Rules and Regulations page lists it under 'VOSHA Adopted Rules' as 'COVID-19 Healthcare ETS' beside 'Subpart U: COVID-19 Emergency Temporary Standard' (a second document page dated November 22, 2021, the vaccination-or-testing ETS, outside the six quarters and not saved). The saved text reproduces subpart U as published (its effective-date clauses retain the Federal Register placeholder). The federal instrument is in the library as Exs. FED-080, ECO-B-012, SEC-01-001 and SEC-02-001; the Nevada and other State-plan adoptions as Exs. AGY-ST-LABOR-WORKPLACE-040 and -041. No VOSHA notice stating a different Vermont effective date was located.