As the situation in Ukraine evolves, businesses should be mindful of potential risks to their people, assets, operations, or supply chains in the region and globally. Marsh, as part of the Marsh McLennan family of companies, has created a page with information, tools, and resources related to the Russia-Ukraine conflict. Please visit the page for the latest information.

January 5, 2022

OSHA Retracts Portion of COVID-19 ETS for Healthcare Employers

Will Continue Enforcement Under General Duty Clause

The Healthcare ETS, which intended to protect workers from the spread of COVID-19 in settings where they provide healthcare or healthcare support services, expired on December 21, 2021. On December 27, 2021, OSHA announced it is withdrawing the non-recordkeeping portion of the Emergency Temporary Standard for healthcare employers.

In its announcement, OSHA stated it will vigorously enforce safety standards related to the mitigation of COVID-19 in the healthcare industry. It appears that OSHA will enforce these standards under the OSH Act’s general duty clause, which requires that each employer with 100+ employees maintain a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees.

Separately, on December 28, 2021, the Centers for Medicare & Medicaid Services (CMS) issued guidance for 25 states & D.C. (the ETS is blocked in 25 other states), indicating it is moving forward with implementation of OSHA’s ETS of mandatory vaccination for employers with 100+ employees. CMS revised the mandatory vaccination dates to January 27, 2022 for the first dose and February 28, 2022 for the second. Full vaccination under this mandate does not require a booster at this time.

The U.S. Supreme Court hearing for both the OSHA COVID-19 ETS (100+) and CMS Vaccination Mandates is set for January 7, 2022. Please follow MMA’s Vaccination Legislation page for regular updates.