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- Non-recordkeeping provisions withdrawn Dec. 27, 2021 (OSHA announcement; post-period) (read as 2021-12-27)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
2020 Q22020 Q32020 Q42021 Q12021 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 note22.7 MB Federal Register PDF; codified text at Ex. SEC-04-023.