The Occupational Safety and Health Administration (OSHA) is set to change the landscape of healthcare regulations with the imminent release of three industry-specific regulations, slated to significantly impact healthcare industry compliance. These changes could include a new final regulation and two proposed rules by the year’s end.
Foremost, the agency aims to issue a permanent standard in December for exposures to COVID-19 in healthcare settings, citing its earlier industry-specific emergency temporary standard (ETS) published in 2021. In addition, OSHA has plans to unveil proposals for infectious diseases and workplace violence prevention in healthcare and social assistance in December. Both rulemakings are listed as two of the agency’s six ‘economically significant’ rulemakings.
The trajectory of OSHA’s actions during the past COVID-19 pandemic was controversial. Despite multiple audits and investigations, 15% of fatality inspections did not result in OSHA levying citations enforcing its injury and illness recording and reporting standards. This finding highlighted an alarming gap in the agency’s infection rate tracking at worksites and its ability to ensure the elimination of health hazards.
OSHA, in November 2021, implemented a COVID-19 ‘vaccinate-or-test’ ETS. However, this mandate was halted by the U.S. Supreme Court in January. The court concluded that OSHA, despite its noble intention with the ETS, had exceeded the authority granted by the Occupational Safety and Health (OSH) Act.
Another contentious decision was OSHA’s effort to develop a permanent standard specific to the healthcare industry. However, it couldn’t operate within the OSH Act’s ETS framework, prompting the cessation of enforcing provisions other than the emergency rule’s record-keeping requirements. This decision was met with resistance from the American Hospital Association (AHA). The AHA argued that a permanent standard could potentially create confusion, lower employee morale, and exacerbate healthcare staffing shortages, and that the measures already in place are adequate and effective.
In parallel to these changes, OSHA has not hesitated to address workplace infections and is working on a federal standard for workplace violence prevention. OSHA has continued enforcing workplace violence measures, including its General Duty Clause authority.
Ultimately, OSHA’s rules and regulations are a crucial component of maintaining a safe and healthy workplace environment. Nevertheless, the upcoming changes, their potential implications, and their reception by different stakeholders will be a central focus in shaping the future of healthcare.
Given these impending changes, it is imperative that healthcare professionals and organizations remain abreast of developments to ensure compliance and successfully navigate future challenges.
Source: https://ehsdailyadvisor.blr.com/2024/10/anticipating-oshas-healthcare-rulemakings/