On November 5, 2021, an Emergency Temporary Standard (ETS): COVID-19 Vaccination and Testing was published in the Federal Register. Currently, this rule does not apply to entities covered under the OSHA Healthcare Emergency Temporary Standard which includes assisted living. If OSHA allows the Healthcare ETS to expire, this new ETS will include assisted living and possibly corporate offices of both nursing homes and assisted living organizations that meet the 100-employee threshold.
The Healthcare ETS is set to expire six months after it was published in the Federal Register which is on December 21, 2021. AHCA/NCAL will continue to monitor this and keep members updated should the healthcare ETS expire. Out of an abundance of caution, AHCA/NCAL will be submitting comments on your behalf in case the Healthcare ETS expires. We are also encouraging assisted living providers and other providers (nursing home corporate offices) who are not covered under the CMS Vaccine Mandate, to submit comments directly. Your AL's personal story and perspective often has the greatest impact.
Providers should submit their emails no later than December 6, 2021. If OSHA extends the deadline for comments, AHCA/NCAL will update this page. Instructions are below:
OSHA has websites for each ETS with resources and summaries of each ETS.
***Information to include in your email***
OSHA is seeking information on the issues below. Please note, you do not need to respond to every question, but it is important to share with OSHA any workforce shortages you have experienced and if the Vaccine/Testing ETS could pose additional challenges to the shortage.
OSHA is evaluating the feasibility of employers with less than 100 employees. If you have fewer than 100 employees it is important to discuss how these below questions directly impact your organization as a smaller business.
- Provide your name and your facility name and location.
- Have you implemented a vaccine mandate (with or without alternatives such as testing) or regular COVID-19 testing? If so:
- What challenges and successes have you had with the program? Include information on incentives, vaccine hesitancy, and education that your organization implemented.
- What has been the cost to implement the program (consider employee time when estimating)? If you have lost employees due to vaccine mandates, please include this information here.
- How did you verify employees were vaccinated?