OSHA Emergency Standard Gives Nurses New Protections from COVID-19

  

COVID-19 protections for nurses and other health care personnel were long overdue on June 21, 2021, when the Occupational Safety and Health Administration (OSHA) published an Emergency Temporary Standard (ETS) in the Federal Register. In the notice, OSHA acknowledged that nearly a half million people working in health care had contracted COVID-19 by the end of May 2021, and more than 1,600 had died. It is reasonable to believe the standard is a little late, as some commenters have already responded to OSHA.

That said, the significance of OSHA’s action should not be overlooked. The ETS empowers nurses now to:

  • Advocate for increased safety in their work site;
  • Seek enforcement of concrete federal protections; and
  • Voice a chorus of support for strong standards that will have force and effect during future pandemics.  

A cornerstone of the ETS is the requirement for health care employers to develop and implement a safety plan to minimize COVID-19 risks to personnel. The ETS also specifies a number of concrete steps employers must take to reduce COVID-19 transmission in all areas of health care facilities. The ETS includes particular requirements in areas where nurses and other personnel have or may have contact with COVID-19 cases. For instance, on the issue of personal protective equipment (PPE), the ETS is very clear that effective respiratory protection means an N95 face piece, elastomeric masks, or powered air-purifying respirators (PAPRs).

Consistent with OSHA’s stance throughout the coronavirus pandemic, the ETS allows for contingency and crisis strategies when PPE is in short supply, such as limited reuse or extended use of N95s. However, OSHA believes that adequate PPE is no longer in short supply, citing the Food and Drug Administration and the Centers for Disease Control and Prevention. In the event of N95 shortages, OSHA says that employers should provide elastomeric masks or PAPRs as the preferred mitigation strategy.

In addition to PPE, the ETS spells out requirements on a number of COVID-19 protections in health care, including:

  • Screening for COVID-19 and appropriate management
  • Access to vaccination
  • PPE for aerosol-generating procedures with COVID-19 patients
  • Physical distancing and physical barriers on premises
  • Cleaning and disinfecting
  • Ventilation and air filtration standards

With the exception of a few requirements, OSHA expects employers to comply with the ETS beginning July 6, 2021. Nurses with information about violations of specific ETS requirements can contact OSHA with complaints. Complaints can be filed online or by calling 800-321-6742 (OSHA). The ETS warns that under federal law, employers must not retaliate against an employee who complains to OSHA. The ETA also provides that employers must not take actions against an employee who exercises their rights under the ETA specifically.

Nurses understand that the pandemic is not over, and there will inevitably be more pandemics and other public health emergencies. Nurses must not be on the frontlines of failed preparedness in the future. A permanent standard with strong respiratory standards is a necessity. ANA has urged OSHA to build on the ETS and develop a permanent standard that will protect health care personnel specifically from threats involving infectious diseases.

Nurses can comment on the ETS, through July 21, 2021.

ANA members can access our Policy Brief on the ETS here.

OSHA’s materials on the ETS are available here.

#ANAHillDay

  

With June officially underway, that means one thing: 2021 Hill Day and ANA’s annual Membership Assembly – ANA’s highest decision-making body – has begun!

There are meetings, events, and dialogue forums all month long for ANA’s constituent/state nurse’s associations voting representatives, organizational affiliates and other select invitees to attend. And in the Policy and Government Affairs world –Hill Day and our main call to action is the capstone event where staff capitalized on the virtual environment this year and opened the event up to all ANA members (registration has officially closed since we hit our max capacity of 500 participants).

It kicks off on June 8 with the Hill Day briefing. For those registered participants, attendance to this briefing is required to receive Continuing Education credits and to attend Hill Day on June 10, so make sure it is on your calendar. During the briefing, you will hear from several speakers as they discuss the issues we will be advocating for, how to conduct a virtual meeting, checking in with your groups, and remarks by ANA President, Dr. Ernest Grant, and this year’s Congressional keynote speaker, Representative Rodney Davis from Illinois. You will receive a lot of information but there is also the chance to ask questions during the briefing, as well as during and after your breakout session.

This year’s Hill Day is on Thursday, June 10. As of the posting of this blog, there are 530 participants and all 50 states will be represented! There are over 300 meetings already scheduled in the House of Representatives and Senate and that number continues to climb.

In advance of the June 8 briefing and your meetings on June 10, ANA will provide the issue briefs regarding the three legislative issues you will be advocating on this year. You can also go to the Membership Assembly portal and download these and other important resources. In short, here are the three bills for this year’s Hill Day:

S. 308/H.R. 1436 – Protecting Providers Everywhere in America (PPE in America Act). This legislation will boost domestic PPE production and promote a more sustainable supply chain by ensuring more predictable, dedicated funding from the Strategic National Stockpile to American manufacturers of PPE.

S. xxx/H.R. 1195 – Workplace Violence Prevention for Health Care and Social Service Workers Act. This legislation will require the U.S. Department of Labor to establish needed protections from workplace violence in the health care and social services sectors.

S. 1512/H.R. 2903 – Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act. This legislation will continue the expanded use of telehealth services to deliver cost effective and efficient care to patients.

Overall, we are excited for you to connect with your Members of Congress and their staff again this year – albeit virtually. Share your stories and what you have experienced over the last year – they certainly want to hear them!

Last, but not least, if you are unable to attend Hill Day or missed the cutoff, you still can communicate with your Member of Congress on the PPE in America Act. Please make your voice heard today and help get this important legislative priority passed!

We’ll see those attending this week and for those completing the call to action, make sure you share it on social using #ANAHillDay on Twitter or Facebook.

Workplace Violence Bill Introduced with ANA Endorsement

  
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As the coronavirus pandemic extends into a second year, nurses enter a second year of calling on Congress and the Administration to ensure an adequate supply of personal protective equipment (PPE) and prioritize COVID-19 vaccine distribution for health care providers. On these issues, the American Nurses Association (ANA) will remain a strong, clear voice until COVID-19 is no longer a threat to nurses on the job, wherever they provide care.

Throughout a challenging year of health emergency, though, nurses and their champions have not turned away from the serious workplace issues that pre-date and continue into the COVID-19 era. An example is workplace violence, which is shown to be highly prevalent in healthcare settings, causes harm to nurses and other health care providers, and undermines quality of care.

Violence and other abuses toward nurses are notably underreported. One reason that many nurses do not report incidents of violence is the belief that their experience will not be acted upon effectively by their facility’s leadership. Even so, the Government Accountability Office (GAO) reported in 2016 that violence against health care workers could be as much as 12 times higher than the overall workforce. This is a critical issue from ANA’s perspective, given that nurses are often the frontline providers in these settings.

The GAO concluded that more efforts are needed. Principally, federal workplace safety regulations should be strengthened. On February 22, 2021, Representative Joe Courtney of Connecticut introduced a bill, with bipartisan support, that would do just that. H.R. 1195, the Workplace Violence Prevention for Health Care and Social Service Workers Act, is almost identical to a measure that passed the House, but was not afforded a vote in the Senate, in 2019.

The bill would require the Occupational Safety and Health Administration (OSHA) to have and enforce specific standards for health care and social service employers. Specifically, OSHA could hold these employers accountable under new safety regulations. The regulations would require health care and social service employers to create violence prevention programs, take concrete steps to reduce the risk of on-site assaults, and employ best practices to encourage reporting and employee engagement in prevention.

ANA has endorsed H.R. 1195, and is working toward speedy passage in the House, followed by Senate action in this Congress. Future posts on Capitol Beat will explore the issue and the legislation in more depth.

For more information about the ANA’s advocacy on workplace violence, click here.