As we all know, the U.S. Supreme Court has blocked OSHA from enforcing the OSHA Vaccination and Testing Emergency Temporary Standard (ETS) proposed in Nov. 2021. In addition, the June 2021 OSHA Healthcare ETS expired on Dec. 21, 2021, except for all of the non-recordkeeping provisions. 

In a statement, OSHA reiterated the recordkeeping provisions remain in place for healthcare providers. Under the recordkeeping and reporting provisions of the Healthcare ETS, health care employers with more than ten employees must continue the following actions:

• Establish and maintain a log of COVID-19 cases among employees, regardless of whether or not they are connected to workplace exposures;
• Provide, by the end of the next business day upon request, the individual COVID-19 log entry of an employee to that employee and any person who has the written consent of the employee;
• Provide, by the end of the next business day upon request, a version of the COVID-19 log with personally identifiable information of employees removed to any employees or their personal or authorized representatives;
• Provide, by the end of the next business day, all COVID-19 records to OSHA;
• Report to OSHA any work-related COVID-19 fatality within eight hours of learning of the fatality; and 
• Report to OSHA any work-related COVID-19 inpatient hospitalization within 24 hours of learning of the hospitalization.

Contact Jon Lips, Vice President of Regulatory Affairs at LeadingAge Minnesota, for additional information.