Oregon nurses union upset federal OSHA allowed COVID-19 safety rules to expire

[George II]

Source: KTVZ

TUALATIN, Ore. (KTVZ) -- The news that the U.S. Occupational Safety and Health Administration (OSHA) has failed to adopt a permanent standard to protect health care workers during COVID-19 is extremely disappointing, the Oregon Nurses Association said Thursday.

Here's the full news release from the nurses' union:

OSHA's health care emergency temporary standard (ETS)--which OSHA recently allowed to expire--was designed to protect frontline health care workers who faced extreme COVID-19 risks in hospitals, assisted living facilities, nursing homes and other health care facilities. The ETS provided essential safety rules for workers and employers, including regulations around infection prevention protocols, exposure notifications, disease education, personal protective equipment (PPE) standards, and support for health care workers who contract COVID-19 at work.

Health care workers--and in particular frontline nurses--are experiencing unprecedented levels of physical and mental fatigue. They do not feel valued, protected or supported by their employers. In fact, frontline nurses are leaving the profession at a rate that has never been seen before. OSHA's failure to extend COVID-19 safety protections will only exacerbate our country's nurse staffing crisis.

Read more: https://ktvz.com/news/oregon-northwest/2021/12/30/oregon-nurses-union-upset-federal-osha-allowed-covid-19-safety-rules-to-expire/

[mahatmakanejeeves]

1. In case anyone's forgotten what was in that emergency temporary standard (ETS):

June 14, 2021

OSHA Issues Emergency Temporary Standard for Healthcare Employers and Directs All Other Employers to Nonbinding Guidance

{snip}

[KY_EnviroGuy]

2. It's a shame we can't give deadly virus safety even half the consideration as electrical safety.

Exposure to electrical energy sources are similar to COVID in that both can be invisible killers. For sources above a certain potential, we have rules from NFPA, UL and other agencies that are strictly enforced to protect workers and the public against shock hazards. Libraries could be filled with books just on that topic.

As an electrical engineer and a guy that's tinkered with electronics and electrical systems since the late 50s, I can relate that most citizens are scared shitless of electricity and I'm damned glad they are. Unfortunately, there is the occasional exception and most are in a cemetery.

If the average citizen feared COVID as much as they fear and respect electricity or excessive speed on our highways, or poisoning from chemicals and bacteria on foods, we wouldn't be in pandemic mode.

Just pointing out the mass hypocrisy.......

Thanks for the good post, George II.

[Maggiemayhem]

3. The National Nurses Union is upset also.

Both about OSHA and the CDC new recommendations shortening quarantine.

[BumRushDaShow]

4. Remember that a lot of what OSHA , CDC, and CMS have tried to do is jammed up in court

due for a "special hearing" by the SCOTUS on January 7. I think what they are trying to do is focus on a "permanent standard" (vs an "Emergency Temporary Standard" - "ETS" ) but also develop language that can be tweaked depending on how the SCOTUS rules on the current vaccine/testing mandates that were halted by one circuit court but temporarily restored by another (nationwide), pending the SCOTUS decision.

Here is OSHA's statement on their plans and reasoning - https://www.osha.gov/coronavirus/ets

Statement on the Status of the
OSHA COVID-19 Healthcare ETS

(December 27, 2021)

On June 21, 2021, OSHA adopted a Healthcare Emergency Temporary Standard (Healthcare ETS) protecting workers from COVID-19 in settings where they provide healthcare or healthcare support services. 86 FR 32376. Under the OSH Act, an ETS is effective until superseded by a permanent standard – a process contemplated by the OSH Act to occur within 6 months of the ETS’s promulgation. 29 U.S.C. 655(c).

OSHA announces today that it intends to continue to work expeditiously to issue a final standard that will protect healthcare workers from COVID-19 hazards, and will do so as it also considers its broader infectious disease rulemaking. However, given that OSHA anticipates a final rule cannot be completed in a timeframe approaching the one contemplated by the OSH Act, OSHA also announces today that it is withdrawing the non-recordkeeping portions of the healthcare ETS. The COVID-19 log and reporting provisions, 29 CFR 1910.502(q)(2)(ii), (q)(3)(ii)-(iv), and (r), remain in effect. These provisions were adopted under a separate provision of the OSH Act, section 8, and OSHA found good cause to forgo notice and comment in light of the grave danger presented by the pandemic. See 86 FR 32559.

With the rise of the Delta variant this fall, and now the spread of the Omicron variant this winter, OSHA believes the danger faced by healthcare workers continues to be of the highest concern and measures to prevent the spread of COVID-19 are still needed to protect them. Given these facts, and given OSHA’s anticipated finalization of this rule, OSHA strongly encourages all healthcare employers to continue to implement the ETS’s requirements in order to protect employees from a hazard that too often causes death or serious physical harm to employees.

As OSHA works towards a permanent regulatory solution, OSHA will vigorously enforce the general duty clause and its general standards, including the Personal Protective Equipment (PPE) and Respiratory Protection Standards, to help protect healthcare employees from the hazard of COVID-19. The Respiratory Protection Standard applies to personnel providing care to persons who are suspected or confirmed to have COVID-19. OSHA will accept compliance with the terms of the Healthcare ETS as satisfying employers’ related obligations under the general duty clause, respiratory protection, and PPE standards. Continued adherence to the terms of the healthcare ETS is the simplest way for employers in healthcare settings to protect their employees’ health and ensure compliance with their OSH Act obligations.

OSHA believes the terms of the Healthcare ETS remain relevant in general duty cases in that they show that COVID-19 poses a hazard in the healthcare industry and that there are feasible means of abating the hazard. OSHA plans to publish a notice in the Federal Register to implement this announcement.

Doing regulations is not just slap it in and done. They have to be drafted, published in the Federal Register and then have a "public comment period" for some "x" amount of time, which depending on the rule and the number of comments that are received, can go from 30 - 90 days (on average).

This is "the law" for any rules-making, whether for this agency or any other.

[ck4829]

5. K&R