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The Masks Are Back: New OSHA Regulations for Healthcare Employers

Client Alert
June 11, 2021

Employment Law After Hours is back with a News Break Episode. Yesterday, OSHA published new rules for healthcare facilities, including hospitals, home health employers, nursing homes, ambulance companies, and assisted living facilities. These new rules are very cumbersome, requiring mask wearing for all employees, even those that are vaccinated. The only exception is for fully vaccinated employees (2 weeks post final dose) who are in a "well-defined" area where there is no reasonable expectation that any person with suspected or confirmed COVID-19 will be present.

These new regulations also require the implementation of a compliant COVID-19 safety policy, COVID case record keeping for employees (regardless of whether the infection came from work or outside of work), and it discusses and requires many of the best practices most of our healthcare clients have followed since day one, among other requirements. Many of the regulations require implementation within 14 to 30 days, so your clients will want to speak with their OSHA expert as soon as possible. BMD has a few OSHA knowledgeable attorneys that can be available to answer questions/concerns. Your clients will want to implement these new requirements alongside their OSHA certified employees who handle existing OSHA issues/concerns.

Stephen Matasich, one of our resident OSHA attorneys, has also published a client alert for general industry employers other than healthcare.

What healthcare providers are specifically exempt from these new regulations?

  1. Non-Hospital Ambulatory Care Setting where (a) all non-employees are screened prior to entry, and (b) people with suspected or confirmed COVID-19 are not permitted to enter.
  2. Hospital Ambulatory Care Setting where (a) all employees are fully vaccinated, (b) all non-employees are screened prior to entry, and (c) people with suspected or confirmed COVID-19 are not permitted to enter.
  3. Home Healthcare Setting when (a) all employees are fully vaccinated, (b) all non-employees are screened prior to entry, and (c) people with suspected or confirmed COVID-19 are not permitted to enter.

The new OSHA regulations also require these employers to provide paid leave for vaccination obtainment, and its side effects, which we previously covered in an ELAH episode, link provided below. I also provided the link to the mandatory vaccine episode as healthcare clients may now desire to implement a mandatory vaccine policy given these new requirements.

Link to watch this Breaking News episode on the new OSHA requirements is here: https://youtu.be/vPyXmKwOzsk

Link to Paid COVID Leave (including Vaccination Obtainment) is here: https://youtu.be/NOv0_R_SMpg

Link to Episode on Mandatory Vaccine Policies is here: https://youtu.be/rWqGbOzWzWw and https://youtu.be/5CrBCjK2rv8 (with updated EEOC guidance).

For more information, please feel free to contact BMD Labor + Employment Partner Bryan Meek at bmeek@bmdllc.com or 330.253.5586.

OSHAHealthcare and Hospital LawBryan MeekEmployement Law
Multimedia, Client Alert

Nationwide Ban on Non-Compete Agreements: Requirements and Texas Court Decision Explained

September 4, 2024Watch this Employment Law After Hours video to find out about the Federal Trade Commission’s (FTC) groundbreaking Final Rule that bans non-compete agreements nationwide. This video also explores the recent decision by the Northern District of Texas to enjoin and delay the implementation and enforcement of the Final Rule banning non-compete agreements nationwide.Client Alert

Parental Approval Mandate for Diagnosing Gender-Related Conditions in Minors under Ohio House Bill 68

September 4, 2024Ohio House Bill 68, effective August 6, 2024, introduces strict guidelines for mental health professionals diagnosing and treating minors with gender-related conditions. The law mandates parental or guardian consent before any diagnosis or treatment can proceed. Additionally, professionals must first screen for other comorbidities and assess for any history of abuse. Failure to adhere to these requirements can result in disciplinary action for unprofessional conduct.Client Alert, Multimedia

Navigate the Latest Employment Law Changes with Confidence

August 13, 2024BMD Partner and Co-Chair of the Employment & Labor Law Group, Bryan Meek, presented this webinar on trending HR topics. Topics include the new Fair Labor Standards Act changes for exempt employees and Federal Trade Commission's nationwide ban on non-competes. Discover how these groundbreaking changes will impact organizations nationwide and what they need to do to ensure compliance.Client Alert

Planning for Wealth: Lessons from Athletes, Entertainers, and Executives

August 1, 2024The financial challenges and strategies used by high-income earners like Donovan Mitchell, Taylor Swift, and Jamie Dimon are not just for the wealthy—they can apply to anyone managing significant assets. This article delves into essential wealth management techniques, from leveraging tax exemptions to navigating major liquidity events, providing valuable insights to help you achieve financial stability and preserve your wealth.Client Alert

The Ohio Department of Medicaid Amends Fraud, Waste, and Abuse Rules

July 29, 2024Ohio Department of Medicaid has updated definitions of fraud, waste, and abuse as well as given specificity and clarity to the list of examples.
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