OSHA Information for Colorado LTC Facilities

July 1st, 2021 Update

OSHA will join with the other agencies in COVID prevention enforcement as of July 5th, 2021.  The Emergency Temporary Standards (ETS) they released in early June have been slightly revised to allow for vaccination, and there are several areas they address that are not already covered in our existing plans and practices.  The ETS is already supported by our Isolation Plan, CEMP, Infection Control P&Ps, and Vaccination Plan.

You will want to be sure you have met the following requirements that are likely not already addressed:

  • Develop and implement a COVID-19 plan that includes a designated safety coordinator with authority to ensure compliance, a workplace-specific hazard assessment, involvement of non-managerial employees in hazard assessment and plan development/implementation, and policies and procedures to minimize the risk of transmission of COVID-19 to employees. [All of this could be added to your Isolation Plan and/or CEMP]
  • Ensure that employer-owned or controlled existing ventilationsystems are used in accordance with manufacturer’s instructions and design specifications for the systems and that air filters are rated Minimum Efficiency Reporting Value (MERV) 13 or higher if the system allows it.
  • Provide reasonable time and paid leavefor vaccinations and vaccine side effects. Employees who have coronavirus or who may be contagious must work remotely or be separated from others, or they must be provided paid time off, up to $1,400 per week.
  • Ensure all employees receivetraining so they comprehend COVID-19 transmission, tasks and situations in the workplace that could result in infection, and relevant policies and procedures.  [They have provided a link to a training you can use, including instructions for the instructor.]
  • Socializeanti-retaliation expectations by informing employees of the right to protections and avoid discharging or discriminating against employees for exercising their rights under the ETS or for engaging in actions it requires.  [This is included in the training OSHA provides via the link below.]
  • Establish a COVID-19 logof all employee instances of COVID-19 without regard to occupational exposure and follow requirements for making records available to employees and their representatives.  [The logs we already use for the State do not address the OSHA requirements for notification. There is a nice guide on the link for how to do this.]

To aid in our implementation, they have provided us with several useful tools and very helpful Question and Answer pages addressing most everything about which we could be concerned.  Here is the link to these resources (listed below).  Just like the Rapid Response Checklist that CDPHE provided us, OSHA provides a Worksite Checklist on this page that takes you through a full self-assessment.

https://www.osha.gov/coronavirus/ets

June 11, 2021 Update:

The Occupational Safety and Health Administration (OSHA) released Emergency Temporary Standards (ETS) to address exposure to COVID-19 to workers in healthcare settings.  This healthcare ETS applies, with some exceptions, to settings where any employee provides healthcare services or healthcare support services. AHCA/NCAL is reviewing the ETS and the implications for skilled nursing facilities, assisted living communities and Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICFs/IID). The ETS addresses topics including but not limited to: development and implementation of a COVID-10 plan, personal protective equipment, physical distancing and barriers, ventilation, recordkeeping, patient screening, and cleaning and disinfection.

AHCA/NCAL will host a member webinar featuring Brad Hammock, Attorney at Law, Littler, on Wednesday, June 16 from 3:00pm – 4:30pm Eastern time to review the ETS and the implications for members. Please register for the webinar in advance. To help best prepare, please submit questions in advance through this Survey Monkey. Questions submitted at least 24 hours in advance will be addressed during the webinar. If your question is not answered OSHA will follow up with responses following the webinar.

March 12, 2021 Update:

As of March 12, 2021, OSHA has Introduced and implemented their National Emphasis Program -COVID 19, that will serve to ensure employees in high hazard industries or environments are/were protected from contracting COVID-19, specifically related to past outbreaks. OSHA will begin on site surveys to explore current infection control practices in relation to staff as well as asking for insight on processes and policy exercised amongst staff during past outbreaks. OSHA will prioritize the surveys based on incident of employee deaths or high incident of reported employee infection or complaints of high incident of employee infections or lack of protection for employees against the virus. Please ensure your team reviews the information and begins to prepare for these surveys, in the event you had any incident of staff infections. Below are links to the summary of the program, specifics of enforcement, tools for preparation for OSHA surveys, and information on free OSHA consulting services.

A brief excerpt from the NEB Summary below states

“On March 12, 2021, the Occupational Safety and Health Administration (OSHA) implemented a National Emphasis Program (NEP) to ensure employees in high-hazard industries are protected from contracting COVID-19.

Effective Date of NEP: March 12, 2021, Area Offices may begin to initiate inspections under this NEP.

Expiration Date of NEP: This Direction is effective for no more than 12 months from the effective date, unless canceled or extended.

The NEP includes the following long term care providers: • Skilled Nursing Facilities • Residential Intellectual and Developmental Disability Facilities • Continuing Care Retirement Communities • Assisted Living Facilities

The NEP has two goals:

  1. Reduce/Eliminate Worker Exposures to COVID-19 – The goal is to significantly reduce or eliminate worker exposures to COVID-19 by targeting industries and worksites where employees may have a high frequency of close contact exposures and therefore, controlling the health hazards associated with such exposures. This goal will be accomplished by: a. Inspection targeting, b. Outreach to employers and c. Compliance assistance.
  2. Protect Workers from Retaliation – The NEP includes an added focus to ensure workers are protected from retaliation. This will be accomplished by: a. Preventing retaliation where possible, b. Distributing anti-retaliation information during inspections, c. Outreach opportunities”

Full Occupational Safety and Health Administration (OSHA) National Emphasis Program – COVID-19 SUMMARY

OSHA NEP 3.12.21 Summary FINAL.pdf

 

AHCA Education for the NEP

AHCA is also providing information on the OSHA NEP Program, membership with CHCA means you automatically have AHCA membership.

The archived recording of OSHA COVID-19 National Emphasis Program is now ready for you to view at your convenience.

For questions or support, please email educate@ahca.org

 

Resources

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations

https://www.osha.gov/SLTC/covid-19/covid-citations-guidance.pdf

OSHA Enforcement Directive

https://www.osha.gov/sites/default/files/enforcement/directives/DIR_2021-01_CPL-03.pdf

Tools for OSHA Survey Readiness

https://www.osha.gov/SLTC/etools/nursinghome/references.html

OSHA Protecting Workers: Guidance On Mitigating and Preventing the Spread of COVID

https://www.osha.gov/coronavirus/safework

 OSHA COMPLAINCE PLAN _ Vivage Leadership

OSHA COMPLIANCE PLAN.pdf

OSHA CONSULTING SERVICES ( Free)

https://csu-cvmbs.colostate.edu/academics/erhs/osha/Pages/default.aspx

Further information regarding vaccination sources

https://healthfacilitiescommunity.blogspot.com/2021/03/ongoing-covid-19-long-term-care.html

https://cdphe.colorado.gov/health-facility-covid-19-response/residential-care-strike-team/ongoing-covid-19-long-term-care

 

Please do reach out with any further questions

Erin Thomas, Director of Quality and Regulatory Affairs, ethomas@cohca.org or 720-935-5490

 

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OSHA Webinar Library

December 8, 2020
OSHA Protecting the Health and Safety of Workers: Coronavirus Disease
Speaker: Brian Oberbeck, OSHA
This webinar focused on information on COVID-19, including exposure risk, OSHA and CDC guidance for protecting workers, and how OSHA will enforce its standards regarding COVID-19.
Webinar Recording
Webinar Handouts

January 13, 2021
OSHA Inspection Process
Speaker: Brian Oberbeck, OSHA
This webinar focused on information surrounding the OSHA inspection process, citation process, and focus areas for inspection of NAICS code 6321 (Skilled Nursing Facilities).
Webinar Recording
Webinar Handouts

February 11, 2021
OSHA Bloodborne Pathogens Standard Overview for the Healthcare Industry
Speaker: Brian Oberbeck, OSHA
This presentation covered guidance to employers for compliance with the Bloodborne Pathogens Standard and inform them of resources available on OSHA’s website.
Webinar Recording
Webinar Handouts

March 9, 2021
OSHA Workplace Violence Prevention at Inpatient Healthcare Facilities
Speaker: Brian Oberbeck, OSHA
This presentation covered the definition of workplace violence, the magnitude of the problem will be described, strategies for addressing workplace violence will be presented, and an explanation of how OSHA conducts an inspection of workplace violence.
Webinar Recording
Webinar Handouts

April 13, 2021
OSHA Recordkeeping and Reporting
Speaker: Brian Oberbeck, OSHA
This presentation covered OSHA work-related injury and illness recordkeeping requirements, OSHA reporting requirements, and OSHA electronic filing of OSHA 300A Summary Sheet data.
Webinar Presentation
Webinar Handouts