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OSHA Withdraws Vaccination and Testing Emergency Temporary Standard

On January 27, 2022 by Jonathan Lips

OSHA has officially withdrawn its Vaccination and Testing Emergency Temporary Standard (ETS) in light of the recent U.S. Supreme Court decision forbidding OHSA from enforcing it. The standard would have applied to all employers with 100 or more employees and required businesses to implement a vaccine mandate or weekly testing option for all employees.

OSHA Recordkeeping Requirements Still in Place for Healthcare Providers

On January 20, 2022 by Jonathan Lips

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. 

US Supreme Court Upholds CMS Vaccine Mandate, Strikes Down OSHA Vaccine-or-Test Rule

On January 13, 2022 by Jonathan Lips

Nursing homes subject to CMS Rule; Mandate does not apply to assisted living or other HCBS settings

Last Friday, the US Supreme Court heard lengthy oral arguments concerning challenges to the CMS Omnibus COVID-19 Health Care Staff Vaccination rule and OSHA Vaccination and Testing Emergency Temporary Standard (ETS). Both of these cases were before the court on emergency petitions to determine whether injunctions should be in place, pending trials on the merits of challenges to the respective rules.

Update on OSHA Emergency Temporary Standards

On January 6, 2022 by Jonathan Lips

We continue to monitor the status of the OSHA emergency temporary standards relating to COVID-19, and here is the latest available information.

Update on Status and Implementation of CMS and OSHA Vaccine Mandates

On December 23, 2021 by Jonathan Lips

Our team is keeping a close watch for news about the CMS staff vaccination mandate and the OSHA vaccine-or-test emergency temporary standard. Here is the latest information about the status and enforcement of these two requirements.

Court Green Lights CMS Vaccination Mandate in 26 States, Next Steps Unclear

On December 16, 2021 by Jonathan Lips

Following an order yesterday by the Fifth Circuit Court of Appeals, the CMS staff vaccination mandate is no longer subject to an injunction in Minnesota and 25 other states. CMS has not yet issued a statement in response to this development.

Litigation Update: Status of Lawsuits Challenging Federal Vaccination Mandates

On December 9, 2021 by Jonathan Lips

Aging services providers across the country are closely following the status of the federal staff vaccination mandates as legal challenges work their way through the courts. 

Updates on CMS and OSHA Vaccine Mandates

On November 18, 2021 by Jonathan Lips

As providers continue preparing to implement staff vaccination mandates, here are the latest available situational updates:

CMS Omnibus COVID–19 Health Care Staff Vaccination Rule

CMS has clarified that the Phase 1 implementation deadline is Dec. 6, not Dec. 5.

Vaccine FAQs Revisited: Which Vaccine Rules Applies to Your Setting?

On November 11, 2021 by Kari Everson

Alongside our members, LeadingAge Minnesota is working to answer questions regarding both the OSHA and CMS Vaccine and Testing Emergency Temporary Standards. We have shared answers each day as quickly as possible, but we would like to summarize some of the frequently asked questions we are getting from members across the state.

What is the OSHA Emergency Temporary Standard for Healthcare?

On November 11, 2021 by Jonathan Lips

When OSHA’s Nov. 5 COVID-19 Vaccine and Testing Emergency Temporary Standard (the “Vaccine ETS”) indicates that it does not apply to workplaces that are subject to the requirements of a broader COVID-19 Healthcare Emergency Temporary Standard (the “Healthcare ETS”) that OHSA released in June 2021.

OSHA Issues Vaccination & Testing ETS

On November 4, 2021 by Kari Everson

The Occupational Health and Safety Administration (OSHA) completed work on the Vaccination and Testing Emergency Temporary Standard (ETS) and published information about the ETS this morning. 

Many Questions Remain about CMS and OSHA Vaccine Mandates

On September 15, 2021 by Jonathan Lips

As part of a broad COVID-19 Action Plan released late last week, President Biden announced new vaccine mandates for workers across the country. The plan addresses several topics relevant to aging services, including preparation for the delivery of booster shots if approved and recommended by the FDA and CDC, and efforts to build the supply of rapid COVID tests, but the most prominent aspects of the White House plan relate to mandates.

LeadingAge and Argentum Urge OSHA Not to Make COVID Standards Permanent

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.

Effective Date for OSHA COVID-19 Standard Is Drawing Near

On July 21, 2021 by Jonathan Lips

The Minnesota Department of Labor and Industry published a notice on July 19 (Page 31) that it has adopted the federal OSHA Emergency Temporary Standard (ETS) to protect healthcare workers from COVID-19. With this publication, the ETS is now effective in Minnesota and will remain in effect for up to six months. During that period, MN-OSHA invites comments about the standard, and LeadingAge Minnesota will submit a memo to the agency in the weeks ahead.

Effective Date for OSHA COVID-19 Standard Is Drawing Near for Minnesota Providers

On July 14, 2021 by Jonathan Lips

As members are aware, federal OSHA issued an emergency temporary standard (ETS) on June 21 to protect health care and health care support service workers from occupational exposure to COVID-19.

OSHA Issues Temporary Emergency Standard for Healthcare Settings

On June 16, 2021 by Jonathan Lips

The US Department of Labor's Occupational Safety and Health Administration (OSHA) on June 10 issued an emergency temporary standard (ETS) to protect healthcare workers from contracting coronavirus.

Reporting Employee COVID-19 Hospitalizations and Deaths to OSHA

On February 17, 2021 by Jonathan Lips

A recent Star Tribune story on Minnesota OSHA inspections raised questions from a few LeadingAge Minnesota members. The story was not specific to health care or to long-term care, but it did note that MNOSHA had fined a nursing home for not reporting that one of its employees had been hospitalized with COVID-19.

OSHA Posting Period Begins February 1

On January 20, 2021 by Jonathan Lips

This is a reminder that the Occupational Safety and Health Administration (OSHA) requires employers subject to its recordkeeping requirements to post OSHA Form 300A between February 1 and April 30 of each year.

OSHA Recordkeeping Training Available in October

On September 9, 2020 by Jonathan Lips

Maintaining an accurate OSHA log of recordable work-related injuries and illnesses is an important skill that benefits

Free OSHA Recordkeeping Training Available in September, October

On June 30, 2020 by Jodi Boyne

Maintaining an accurate OSHA log of recordable work-related injuries and illnesses is an important skill that benefits employers, workers, safety professionals and government agencies. The Minnesota Department of Labor and Industry has announced free introductory-level training seminars about OSHA recordkeeping requirements, including recording COVID-19: 

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