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OSHA Issues COVID-19 Guidance for Nursing Home and Long-Term Care Facilities

On May 14, 2020, the Occupational Safety and Health Administration (OSHA) issued a one-page guidance sheet titled “COVID-19 Guidance for Nursing Home and Long-Term Care Facility Workers.” The guidance lists several tips that employers in the nursing home and long-term care facility industry may take to reduce the risk of exposure to COVID-19.

The guidance is part of a series of alerts designed to keep workers in specific industries safe from COVID-19. The recommendations are consistent with those found in other COVID-19–related guidance that OSHA has issued to all employers or employers in specific industries. For example, OSHA recommends that all employers provide handwashing facilities and alcohol-based hand sanitizer in workplaces and encourage sick employees to stay home. Some of the recommendations unique to the nursing home and long-term care facility industry include:

  • “Screen workers and residents regularly for signs and symptoms consistent with COVID-19. Send sick workers home or to seek medical care.”

  • “Closely monitor and take additional precautions regarding employees and residents who may have been exposed to an individual with COVID-19.”

  • “Follow CDC [U.S. Centers for Disease Control and Prevention] guidance on updating existing resident visitation policies.”

  • “Ask visitors to inform the facility if they develop a fever or symptoms consistent with COVID-19 within 14 days of their visit.”

  • “Maintain at least six feet between workers, residents, and visitors, to the extent possible, including while workers perform their duties and during breaks.”

  • “Regularly clean and disinfect shared equipment and frequently touched surfaces in resident rooms, staff work stations, and common areas.”

  • “Continually monitor PPE [personal protective equipment] stocks, burn rate, and supply chains. Develop a process for decontamination and reuse of PPE, such as face shields and goggles, as appropriate. Follow CDC recommendations for optimization of PPE supplies.”

  • “Train workers about how to protect themselves and residents during the pandemic.”

Key Takeaways

  • This appears to be the first time that OSHA has recommended that employers screen the clients they serve, in this case residents, in addition to their workers or ask clients to notify facilities if they develop symptoms within 14 days of a visit.

  • Many nursing homes and long-term care facilities have banned visitors, as their residents are extremely vulnerable to COVID-19 infection. OSHA’s guidance does not recommend banning visitors.

  • COVID-19 has hit workers and residents in long-term care facilities and nursing homes particularly hard and received significant media attention, which likely prompted the issuance of the guidance.

  • According to OSHA’s COVID-19 Response Summary, as of May 17, 2020, the agency had received 211 COVID-19 complaints related to the nursing care facilities industry, which appears to be one of the industries with the highest number of complaints.

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume X, Number 140

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About this Author

John Martin, Ogletree Deakins Law Firm, Employment Law and Energy Litigation Attorney
Shareholder

John Martin focuses his practice on occupational safety and health compliance and litigation. He serves as national OSHA counsel for three publicly-traded companies, and has over 15 years of experience in defending employers in federal court and before the Occupational Safety and Health Review Commission (OSHRC). John has defended clients in 18 states and counsels clients on developing safety programs to eliminate and reduce workplace injuries.

202-263-0267
Shontell Powell, Ogletree Deakins Law Firm, Atlanta, Labor and Employment Litigation Attorney
Associate

Shontell focuses her practice on occupational safety and health law, assisting employers in enforcement matters before the Occupational Safety and Health Review Commission and state plan review boards across the United States. She also counsels employers on complex OSHA compliance issues.

Prior to joining Ogletree Deakins, Shontell worked in the Office of General Counsel at the Occupational Safety and Health Review Commission for over six years as an attorney-advisor.

404-870-1746