Employee Benefit News for School, City and County Employers

Several States Warned about Adopting a COVID-19 Health Care ETS

Written by Erin Woulfe | Nov 2, 2021 11:46:03 AM

1.5 minute read

The Occupational Safety and Health Administration (OSHA) published the health care COVID-19 emergency temporary standard (ETS) in June 2021. Out of the 21 states with their own state plans, three states have not adopted the federal standard or developed their own equivalent. These states are Arizona, South Carolina, and Utah.

OSHA recently sent these states a courtesy letter to inform them that their decertification process is beginning. The states have failed to adopt OSHA’s COVID-19 ETS or one as effective which violates the OSH Act. Failure to adopt an ETS places the states’ health care employees at risk.

The decertification process is lengthy and has many steps. In the end, OSHA will review all information and make a decision regarding the revocation of any of the states’ approval to have their own state plans. If the state’s approval is revoked for a state plan, federal OSHA standards and enforcement will be reinstated into the state.

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This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.