Statement on the Status of the OSHA COVID-19 Vaccination and Testing ETS

Posted January 25, 2022: COVID-19 Vaccination and Testing ETS | Occupational Safety and Health Administration (osha.gov)

The U.S. Department of Labor’s Occupational Safety and Health Administration is withdrawing the vaccination and testing emergency temporary standard issued on Nov. 5, 2021, to protect unvaccinated employees of large employers with 100 or more employees from workplace exposure to coronavirus. The withdrawal is effective January 26, 2022.

Although OSHA is withdrawing the vaccination and testing ETS as an enforceable emergency temporary standard, the agency is not withdrawing the ETS as a proposed rule. The agency is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard. OSHA strongly encourages vaccination of workers against the continuing dangers posed by COVID-19 in the workplace.

CMS Vaccination Requirement for Healthcare Workers

While the US Supreme Court struck down OSHA’s COVID-19 vaccination requirement for employers with 100+ employees, the Court ruled that the CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule may be implemented. CMS updated its FAQ document for this rule on January 20, 2022: External FAQ IFC-6 - 1.21.22 (cms.gov)

This document is thorough and should provide answers to most of your questions.

FAQ Highlights

Who must comply?

The vaccination requirement does not apply to Physician Group Practices. It does apply to Ambulatory Surgery Centers enrolled in Medicare and/or Medicaid.

The requirement does not apply to therapy services rendered within a Physician Group Practice.

The requirement does apply to all hospitals enrolled in Medicare and/or Medicaid so those facilities will require all physicians, Physician Assistants and Nurse Practitioners who render services in their facilities to comply even if they are not employed by the facility.

Deadlines

Phase 1 deadline for FL, PA, MD, DE: January 27, 2022

Phase 2 deadline for FL, PA, MD, DE: February 28, 2022

Phase 1 deadline for GA, SC, Kansas, Missouri: February 14, 2022

Phase 2 deadline for GA, SC, Kansas, Missouri: March 15, 2022

Phase 1: Staff must have received at least the first dose of a primary series or a single dose COVID-19 vaccine prior to staff providing any care, treatment, or other services for the facility and/or its patients.

Phase 2: Staff must complete the primary vaccination series (except for those who have been granted exemptions from the COVID-19 vaccine or those staff for whom COVID-19 vaccination must be temporarily delayed, as recommended by CDC).

Boosters:

For the purposes of this Rule, booster doses are not currently needed for staff who have completed a COVID-19 primary vaccination series authorized or licensed by the FDA.

Documentation Plan:

Regulated facilities must implement a process or plan for documenting and tracking staff vaccinations.

The Rule does not include testing requirements for unvaccinated staff.

Exemptions:

CMS requires facilities to allow for exemptions to staff with (as a reasonable accommodation for a disability or a sincerely held religious belief, observance, or practice and for medical reasons. Providers and suppliers should establish exceptions as a part of its policies and procedures and in alignment with Federal law…no exemption should be provided to any staff for whom it is not legally required or who requests an exemption solely to evade vaccination.

Refer to the Updated CMS FAQ Document for more information: View document