On August 20, CWS filed comments on OSHA’s COVID-19 Emergency Temporary Standard for the healthcare industry. CWS raised several issues with OSHA’s decision and process for implementing the ETS:
- OSHA’s process was flawed and did not provide adequate opportunity for input;
- OSHA has not satisfied the statutory requirements for “grave danger” or “necessity”;
- Several provisions exceed OSHA’s statutory authority, including requiring employers to record non-work-related cases of COVID-19, requiring employers to provide worker removal benefits particularly for cases that are non-work-related, and converting whistleblower violations to citation-eligible offenses; and
- OSHA’s economic analysis lacks credibility, even for an ETS.