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Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Rules and Regulations
deaths-are-counted1/. Pappas, May 19, 2020.

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R. Dates To minimize transmission of COVID
19 in the workplace, it is essential that employers ensure that the provisions of this ETS are implemented as quickly as possible, but no later than the dates outlined in paragraph s. This paragraph sets forth the effective date of the section and the compliance dates for specific requirements of the standard.
Additionally, paragraph e of the mini respiratory protection program section of this ETS 29 CFR 1910.504 contains the effective date for that section. The effective date for both the healthcare and the mini respiratory protection program sections, as required by section 6c1 of the OSH Act 29 U.S.C.
655c1, is the date of publication in the Federal Register. The compliance date for all provisions in the healthcare section is 14 days after the effective date, except for paragraphs i, k, and n, which must be complied with within 30 days of the effective date.
Given the delayed compliance dates in this section, and the fact that the mini respiratory protection program section applies only to respirator use in accordance with certain provisions in this section, OSHA has determined it is unnecessary to also include compliance dates in the mini respiratory protection program section. The Secretary determined that all requirements under 1910.502 and 1910.504 are necessary and feasible. Given the grave danger to healthcare employees from occupational exposure to COVID19, as previously described, the effective date and compliance dates provided for this ETS
are reasonable and appropriate.
For over a yearsince at least January 2020, when the Secretary of Health and Human Services declared COVID19 to be a public health emergency for the entire United Statesall healthcare employers have been made acutely aware of the importance of minimizing employees exposure to COVID19 and many have willingly joined the global response to stop the spread of COVID
19. Therefore, OSHA anticipates that many healthcare employers will already be compliant with many of the requirements of this standard by the effective date. However, the rule provides flexibility for employers who may need some time to become compliant with all of the provisions in the ETS. OSHA set the compliance dates to allow sufficient time for employers to obtain and read the standard, figure out its requirements, and undertake the necessary steps for compliance.

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OSHA anticipates that employers will be able to implement measures to comply with most provisions of the standard within 14 days. Even in situations where an employer has not previously taken the necessary steps to address COVID19 hazards in the workplace, the requirements for COVID19 plans, physical distancing, and most other measures required under the standard can readily be met within the 14-day time period. These measures do not require extensive lead times to implement. Similarly, the mini respiratory protection program in 1910.504 was expressly designed to simplify compliance for employers, and such a program can be readily implemented.
The standard provides a longer period of time for employers to comply with the requirements for physical barriers.
Paragraph i requires the use of cleanable or disposable solid barriers at fixed work locations outside of direct patient care areas when physical distancing cannot be maintained, unless the employer can demonstrate barriers are not feasible. Many employers installed physical barriers prior to the publication of this ETS in order to mitigate the risks of COVID19
exposure, but OSHA anticipates that some employers may need to adjust existing barriers or install new barriers to comply with the standard. Some of these employers may find it necessary to use designs that require custom fabrication or installation by contractors. Consequently, the standard provides 30 days from the date of publication before compliance with the provision addressing physical barriers is required so that employers have adequate time, where necessary, to design and install effective barriers in their workplaces.
The standard also provides a longer period of time for employers to comply with the ventilation requirements.
Paragraph k requires employers to ensure existing HVAC systems serving their workplace are used in accordance with the HVAC manufacturers instructions, the design specifications of the HVAC systems, and the requirements in this paragraph. The ventilation provision also requires employers to ensure the use of MERV
13 filters or the highest-efficiency filters that are compatible with their HVAC
system and to replace filters as necessary. OSHA anticipates that some employers may need additional time to assess their existing HVAC systems to ensure they are operating in accordance with the requirements of the standard, including upgrading filters when necessary. For example, some
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employers may need to make arrangements with an HVAC technician to assess, adjust, and maintain the HVAC system. Consequently, the standard provides 30 days from the date of publication in the Federal Register before compliance with the provisions addressing ventilation of workplaces is required.
Finally, OSHA has provided employers with additional time again, 30 days from the effective date to comply with the training requirements in paragraph n. Paragraph n requires employers to provide training to each employee and, as per paragraph n3 of that section, to ensure that the training is overseen or conducted by a person knowledgeable in the covered subject matter as it relates to the employees job duties. Additionally, paragraph n4
requires training which provides an opportunity for interactive questions and answers with a person knowledgeable in the covered subject matter. Because of these additional requirements, OSHA recognizes that employers may need more time to fully meet the training requirements in paragraph n. Therefore, the standard requires compliance with the training provisions in the healthcare section within 30 days from the date of publication in the Federal Register.
Compliance with the requirements of the ETS within the specified dates is achievable. Many employers are likely already in compliance with many of the provisions of the ETS, such as provisions for physical distancing, physical barriers, and cleaning and disinfection. Resources are also readily available to help employers achieve compliance. These resources include guidance issued by OSHA, the CDC, state and local governments, trade associations, and other organizations to help employers understand the risks and successfully minimize the transmission of COVID19 in the workplace. OSHA therefore concludes that the compliance dates in this ETS
are reasonable.
Still, OSHAs experience with promulgating standards shows that, in isolated circumstances, some employers will, despite their best efforts, be unable to comply with all requirements by the specified compliance dates. In particular, OSHA recognizes that requirements for physical barriers and ventilation may involve factors that are outside of the employers control. For example, in exceptional circumstances, specialized barriers may require design, fabrication, and installation that may require more than 30 days to complete.
OSHA is willing to use its enforcement discretion in situations where an
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