The labor and employment perspective on OSHA’s Emergency Temporary Standard for healthcare employers

Kristin M. Ahr (kristin.ahr@nelsonmullins.com) is a Partner in the West Palm Beach office and Amy B. Cheng (amy.cheng@nelsonmullins.com) is an Attorney in the Atlanta office of Nelson Mullins Riley & Scarborough LLP.

When the Occupational Safety and Health Administration (OSHA) released its broad Emergency Temporary Standard (ETS) on June 10,[1] the healthcare community scrambled to implement the safety requirements identified in the ETS to mitigate the spread of COVID-19 in the workplace. Notably, the ETS requires healthcare employers with more than 10 employees to take additional steps to protect their workers in settings where suspected or confirmed COVID-19 patients are treated, such as paying its employees when they are on medical removal leave pursuant to the Temporary Standard medical removal pay (MRP) requirements. The MRP imposes a financial burden on the healthcare employer, and an employer’s failure to comply may lead to dire consequences.

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