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Ex. SEC-04-014 Order Primary source read

29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard)

Occupational Exposure to COVID-19; Emergency Temporary Standard

Occupational Safety and Health Administration, Department of Labor · United States (OSHA; State Plan States adopted equivalents) (Federal)

The COVID Project

The record

Jurisdiction
United States (OSHA; State Plan States adopted equivalents)
Level
Federal
Authority
29 U.S.C. 655(c) (emergency temporary standard)
Issued
2021-06-21 June 21, 2021
Effective
2021-06-21; compliance July 6, 2021 (all but paragraphs (i), (k), (n)) and July 21, 2021 (paragraphs (i), (k), (n)) (read as 2021-06-21)
End
Non-recordkeeping provisions withdrawn Dec. 27, 2021 (OSHA announcement; post-period) (read as 2021-12-27)
In force
June 21, 2021 to Dec. 27, 2021
Quarters
2021 Q22021 Q3
Limitation types
Face-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Addressees
  • employers in settings where any employee provides healthcare services or healthcare support services, including nursing homes, assisted living facilities and home healthcare
Functions reached
  • HC every home visit under (d) screening, (f) PPE, (h) distancing
  • SN
  • RS
  • VS visitor screening (d)
  • IN
  • IC
  • HR (n) training, (l) screening
  • OF (c) written plan, (q)-(r) log and reporting
  • WF (l) paid medical removal, (m) vaccination leave
  • DN (h) distancing in dining and activities
Collection
Home Care, Nursing and Senior Living SEC-04

Operative words

1910.502(a)(1): This section applies to all settings where any employee provides healthcare services or healthcare support services. (a)(2): This section does not apply to... (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. (c) COVID-19 plan... written... (d) Patient screening and management... limit and monitor points of entry... screen and triage all clients, patients, residents, delivery people and other visitors, and other non-employees entering the setting... (f) Personal protective equipment... (h) Physical distancing... at least 6 feet... (i) Physical barriers... (j) Cleaning and disinfection... (k) Ventilation... (l) Health screening and medical management... screen each employee before each work day... medical removal... paid... up to $1,400 per week... (m) Vaccination... reasonable time and paid leave... (n) Training... (q) Recordkeeping... COVID-19 log... (r) Reporting... Preamble, 86 Fed. Reg. at 32562: This ETS applies to employers in settings where any employee provides healthcare services or healthcare support services. This includes: Employees in hospitals, nursing homes and assisted living facilities; emergency responders; home healthcare workers; and employees in ambulatory care facilities.

Enforcement

29 U.S.C. 658, 666; DIR 2021-02 inspection procedures; State Plan equivalents

Notes

The lead Q3 2021 instrument for the industry; the (a)(2)(v) home-healthcare exception is a condition whose three elements the employer had to satisfy and document, not an exemption. Preamble pins: home healthcare coverage 32562; in-home providers' risk 32409; NAICS 621610 and the ambulatory-care exception 32530; assisted living NAICS 623312 discussed in the economic analysis.

Retrieval note

22.7 MB Federal Register PDF; codified text at Ex. SEC-04-023.