On December 21, 2021, the OSHA Emergency Temporary Standard that requires healthcare employers to institute certain safety controls to guard against COVID-19 will expire. Employers will be asking what now? Does the expiration of the ETS relieve healthcare employers from the requirements associated with the ETS, such as COVID-19 screening, payment for those who are medically removed from the workplace, and the use of physical barriers, respirators, and other controls? This session will examine what OSHA obligations will remain and how employers should navigate the expiration of the ETS. The bottom line is that even with the ETS expiring, healthcare employers will still need to implement certain controls (but not all) that were mandated by the ETS.
- Understand how OSHA’s National Emphasis Program on targeting healthcare employers will remain in effect even with the ETS expiring, and what that means for continued compliance.
- Examine how OSHA’s General Duty Clause will still require employers to implement several of the controls found in the ETS even if the technical ETS requirements will expire.
- Explore how the expiration of the ETS may aid employers in resisting more costly OSHA fines associated with the ETS.
- Examine the effect of overall OSHA enforcement in the healthcare industry and what employers can expect entering 2022.
- Update attendees on pre-existing OSHA guidance that will still be in effect even with the expiration of the ETS.
Areas Covered in the Session
- What it means legally that the ETS has expired.
- Understanding what ETS safety controls should remain in effect even with the expiration of the ETS as the controls are still part of an employer’s overall requirement to provide a safe workplace, consistent with an employer’s obligations under OSHA’s General Duty Clause.
- Understand certain ETS controls that employers can likely remove unless mandated by state or local laws.
- Examine the effect of the still-in-place national emphasis OSHA enforcement program that targets healthcare and how that program will affect what OSHA investigators will be looking for even with the ETS expiring.
- Discuss the lessons learned from the ETS that may be part of a larger national infectious disease OSHA standard
- Examine obligations imposed on healthcare employers that remain unchanged with the expiration of the ETS, including OSHA recordkeeping and reporting obligations.
- Review the update on what vaccine and testing requirements may exist for healthcare employers given the current legal challenges to the OSHA Vaccine ETS and the CMS Vaccine Mandate
- Any office, executive management
- Safety and risk professionals
- Human Resources
- Compliance personnel
- Representatives of employees
- Hospital executives
- Medical staff managers
- Chief Medical Officers
- Health Lawyers
- Safety and risk professionals
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About the Presenter:
Matthew Deffebach is a partner at the law firm of Haynes and Boone, LLP in its Houston and Orange County offices, and Matt is the chair of the firm’s OSHA and Workplace Disasters Practice Group. He assists clients in numerous industries and uses what he has learned with his trial and overall experience to help clients understand how to utilize preventative measures to minimize claims and reduce exposure to litigation. Matt is board certified in labor and employment law by the Texas Board of Legal Specialization and is recognized in Chambers USA, Chambers, and Partners, for labor and employment in Texas. As an OSHA litigator, he has appeared in more than 30 states handling OSHA matters and has extensive knowledge of federal and state OSHA requirements.
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