Page 4 - SFHN SEPTEMBER 2021

Malpractice Insurance

EXPERT ADVICE

Updated OSHA COVID

Regulations Mean Changes

for Healthcare Employers

BY VANESSA ORR side. “One of the benefits
of this is that most health-
Each day there is more care practices with less
breaking news on the than 500 employees can
COVID front, and with expect to receive tax credits
the release of the from the American Rescue
Occupational Safety and Plan,” said Murphy, adding
Health Administration’s that OSHA expects the ETS
(OSHA) new guidelines to protect roughly 10 mil-
for the healthcare indus- lion healthcare workers.
try on June 21, 2021, it’s
important that those Vaccinated or
working in hospitals, Unvaccinated?
medical practices, long- Tom Murphy While the ETS does pro-
term care facilities and vide for some exemptions
other healthcare operations be made from the guidelines for fully vaccinated
aware of these changes. employees, as COVID continues to
According to Medical Malpractice and spread, these exceptions may change as
Workers Compensation Specialist Tom well.
Murphy at Danna-Gracey, the largest “Before the Delta variant started
independent medical malpractice insur- spreading, the CDC (Centers for Disease
ance agency in Florida, OSHA’s Control) was saying that if people were
Emergency Temporary Standard (ETS) vaccinated, they could go anywhere
has 15 key requirements designed to help without a mask,” said Murphy. “But
employers use multiple overlapping con- because COVID cases are increasing,
trols in a layered approach to protect they are now recommending that vacci-
workers. Though a number of labor nated people in enclosed places like
groups have recommended that these restaurants and bars should wear masks.
same requirements be extended to those These guidelines may continue to change
in other high-risk employment fields as new variations appear.”
such as manufacturing and retail, the The ETS does include guidance for
current ETS only applies to the health- working with unvaccinated employees in
care industry. high-risk settings, including the use of
One of the requirements of the updat- physical barriers and working off-hours.
ed ETS is that healthcare facilities with In terms of compliance, Murphy said
10 or more employees must conduct a that any healthcare employers who have
hazard assessment and create a safety not yet followed the new ETS regulations
plan in writing. are out of compliance, which could put
“Employers are required to assess the their businesses at risk.
risk in their healthcare facilities for “Anybody in a healthcare management
COVID and to create a safety plan that position needs to continually monitor
spells out what steps they’ll take to the OSHA website and the ETS guide-
counter any exposure or risk,” said lines,” he said, warning of upcoming
Murphy. “The ETS sets forth rules for fines and penalties for noncompliance.
when to require masking, distancing and “Right now, OSHA is trying to get people
physical barrier requirements, and also aware of the new guidelines and get them
addresses other personal protection motivated to do what they need to do,
equipment (PPE), health screenings, but the website also says that the
ventilation, employee training, vaccina- Department of Labor is in the process of
tions, record-keeping and paying quaran- determining what kinds of fines and
tined employees.” penalties will be assessed. Any employee
The new regulations require employers could go online to see what is required,
to provide workers with paid time off to and if their company is not complying,
get vaccinated as well as time to recover report them to OSHA.”
from any vaccine side effects. Covered He adds that things may continue to
employees who have COVID must work change over the next days or weeks,
remotely or be separated from other which is why it’s important to remain
workers or be given paid time off up to vigilant.
$1,400 per week. “These rules are a moving target
In addition to brick-and-mortar loca- because of what’s going on with the Delta
tions, the standards also apply to variant, so healthcare leaders have to stay
employees who work in ambulatory care up-to-date on the latest changes,” he
settings and to emergency responders said.
who treat suspected or confirmed coron-
avirus patients. To read the full ETS, visit www.osha.gov.
While the new regulations may seem To contact Danna-Gracey, call Tom Murphy
onerous to employers suffering from or Matt Gracey at (800) 966-2120 or visit
shifting COVID rules, there is a bright www.dannagracey.com.

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4 September 2021 southfloridahospitalnews.com South Florida Hospital News