Occupational Exposure to COVID-19 Emergency Temporary Standard Interim Final Rule Scheduled for Publication

Mary Madison, RN, RAC-CT, CDP
Clinical Consultant – Briggs Healthcare

One week ago, I blogged about the upcoming OSHA Emergency Temporary Standard rule that requires employers to help protect healthcare workers in settings where suspected or confirmed COVID-19 patients are treated.   You will want to reference that blog as there are important resources for you/your team to utilize as you prepare for the ETS’ implementation.

My blog today is to provide notification that OSHA has filed the ETS Interim Final Rule for publication in the Federal Register on Monday, June 21, 2021.  This IFR, document 2021-12428, is in fact 868 pages in length.  The unpublished PDF version is available for review ahead of June 21st.  

Note the red verbiage I’ve inserted below to show effective, compliance and comment dates of this IFR.

Effective dates: The rule is effective [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER June 21, 2021]. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER June 21, 2021].

Compliance dates: Compliance dates for specific provisions are in 29 CFR 1910.502(s). Employers must comply with all requirements of this section, except for requirements in paragraphs (i), (k), and (n) by [INSERT DATE 14 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER July 5, 2021]. Employers must comply with the requirements in paragraphs (i), (k), and (n) by [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER July 21, 2021].

Comments due: Written comments, including comments on any aspect of this ETS and whether this ETS should become a final rule, must be submitted by [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER July 21, 2021] in Docket No. OSHA-2020-0004. Comments on the information collection determination described in Section VII.K of the preamble (OMB Review under the Paperwork Reduction Act of 1995) may be submitted by [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER August 20, 2021] in Docket Number OSHA–2021-003.

In addition to reviewing the IFT in total, I encourage you to utilize the resources I provided in my June 10th blog – see hyperlink in the first paragraph.  Those resources will help you work through this latest regulation.