TOSHA Emergency Rule Filing – COVID-19 Emergency Temporary Standard

Note: TASA is in communication with TOSHA to obtain direction/guidance on this issue. We will provide updates as soon as we receive information from TOSHA. Services are encouraged to review this ruling with their human resources, risk management and/or legal representative for guidance in the interim.

On June 21, 2021, Federal OSHA promulgated an emergency temporary standard (ETS) for COVID-19 in the Healthcare industry. When this rule was issued, Federal OSHA required that state programs, such as Tennessee, adopt this ETS or promulgate their own rule.

Tennessee OSHA has completed the process of promulgating an emergency temporary rule with an effective date of 8/24/2021

You may view the rule filing here: https://publications.tnsosfiles.com/rules_filings/08-23-21.pdf

The content of the rule is very similar to, but no more restrictive, than the rule published by Federal OSHA. Given the similarity of the rule to the ETS, OSHA resources such as the model plan, checklists, etc. posted at https://www.osha.gov/coronavirus/ets would be suitable to comply with the emergency temporary rule.

This rule is applicable to the healthcare industry and related support services only.

Important dates to note in the rule, employers must be in compliance with all requirements of the rule by September 7, 2021, except 0800-01-12-.09 (Physical Barriers), 0800-01-12-.11 (Ventilation), and 0800-01-12-.14 (Training).

Employers have until September 22, 2021 to comply with 0800-01-12-.09, 0800-01-12-.11, and 0800-01-12-.14.