June 11, 2021

OSHA Guidance Applicable to Assisted Living Facilities

Yesterday, the Occupational Health and Safety Administration (OSHA) released an Emergency Temporary Standard (ETS) specific to COVID-19 in the workplace, effective immediately upon publication in the Federal Register (expected next week). Most of the provisions require employers to be in compliance within 14 days, while all other provisions require compliance within 30 days of publication. The ETS will only apply to health care settings where workers face the highest COVID-19 hazards, which specifically includes assisted living facilities. The ETS exempts fully vaccinated workers from masking, distancing, and barrier requirements when in well-defined areas where there is no reasonable expectation that any person with suspected or confirmed COVID-19 will be present. Argentum’s outside counsel, Foley Hoag LLP, prepared a summary of the guidance. OSHA also prepared a summary and fact sheet of the guidance.

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