LeadingAge and Argentum Urge OSHA Not to Make COVID Standards Permanent

Posted on August 25, 2021 by Jonathan Lips

In public comments filed this week, both LeadingAge and Argentum urged the Occupational Safety & Health Administration (OSHA) not to make the agency's Emergency Temporary Standard (ETS) for COVID-19 a permanent part of the regulatory landscape. The ETS is only effective for six months from its publication date of June 21 unless OSHA acts to make it permanent.

To reinforce their respective comments, Argentum, LeadingAge, the American Health Care Association/National Center for Assisted Living, the American Seniors Housing Association, and the Pediatric Complex Care Association wrote as a coalition to request that the ETS expire after its initial six months. We have gathered the three advocacy pieces into one document for your review.

There are several common themes found within the Argentum and LeadingAge letters, including:

• Gratitude for the employees who have given so much to serve the elderly in our communities and a commitment to worker safety;
• The assertion that many of the requirements in the OSHA ETS already are in place in most long-term care communities, given state, CDC and CMS guidance, and that OSHA’s layering of its requirements on top of these others only adds confusion and complexity; and
• Arguments concerning the paid leave requirements of the ETS, including that they are unacceptably vague and that OSHA lacks the authority to create mandates relating to compensation and benefits matters.

OSHA will take all public comments under advisement when determining whether to convert the emergency standard to a permanent one.  In the meantime, the agency will monitor the COVID-19 situation across the country monthly to determine if a change is needed to the ETS.