We understand that there is a great deal of confusion related to the OSHA ETS medical removal and MRP benefits. We are aggressively advocating for clarification and that additional employee requirements be added to the ETS to protect home care providers against those employees that choose to act fraudulently.
For now, in an effort to reduce confusion regarding the medical removal and MRP benefit requirements of the OSHA ETS, we have put together the below information:
An employer is required to remove an employee from the workplace when the employer knows that the employee:
- Is COVID-19 positive, meaning that the employee was confirmed positive for or was diagnosed by a licensed healthcare provider with COVID-19;
- Has been told by a healthcare provider that they are suspected to have COVID-19;
- Is experiencing recent loss of taste and/or smell, with no other explanation; or is experiencing both fever (≥100.4° F) and new unexplained cough associated with shortness of breath; or
- Is required to be notified by the employer of close contact in the workplace to a person who is COVID-19 positive, UNLESS the employee has been fully vaccinated against COVID-19 (i.e., 2 weeks or more following the final dose), or had COVID-19 and recovered within the past 3 months, AND the employee does not experience recent loss of taste and/or smell, with no other explanation; or experiences both fever (≥100.4° F) and new unexplained cough associated with shortness of breath.
If the employee is COVID Positive… Employers must remove the employee from the workplace and keep the employee removed until the employee meets return to work criteria based on guidance from a licensed healthcare provider or applicable guidance from the CDC, unless state or local public health authorities specify a longer period of removal.
If the employee is Symptomatic or Suspected… Employers have two options in this scenario:
1) Keep the employee removed until the employee meets the return to work criteria.
2) Remove the employee, provide a polymerase chain reaction (PCR) COVID-19 test at no cost to the employee, and keep the employee removed until the employer is notified by the employee of the test results. If the test results are negative, the employee may return to work immediately. If the test results are positive, the employer must keep the employee removed until the employee meets return to work criteria.
If the employee has been potentially exposed… Employers have two options in this scenario:
1) Keep the employee removed from the workplace for 14 days.
2) Keep the employee removed and provide a PCR COVID-19 test, at no cost to the employee, at least 5 days after the exposure that triggered the notification requirement. If the test results are negative, the employee may return to work after 7 days have passed following the exposure. If the test results are positive, the employer must keep the employee removed until the employee meets return to work criteria.
Removal of Potentially Exposed Fully Vaccinated Employees: If the employee was fully vaccinated against COVID-19 (meaning at least two weeks have passed after receiving the final dose), the employer is not required to remove the employee unless the employee experiences recent loss of taste and/or smell, with no other explanation; or experiences both fever (≥100.4° F) and new unexplained cough associated with shortness of breath.
Removal of Employees who have had COVID and have recovered: If the employee has had COVID-19 and recovered from it within the past 3 months, the employer is not required to remove the employee unless the employee experiences recent loss of taste and/or smell, with no other explanation; or experiences both fever (≥100.4° F) and new unexplained cough associated with shortness of breath.
If the Employee Refuses a Test: In the event the employee is removed due to exposure or is removed because they are symptomatic, you will offer them a PCR test. If the employee refuses to take the test, the employer must continue to remove the employee from the workplace until return to work criteria are met (or for 14 days in the case of removal due to notification of close contact). However, the employer would not be required to continue to pay the employee during the removal period.
I've copied and pasted some OSHA ETS FAQ's below relative to medical removal and required MRP benefits. Anytime the employee tests positive, the employer must remove the employee and provide MRP benefits regardless of how the infection was acquired (see question 75 below). If an employee is removed for reasons not required by the ETS (see question 72 below), then the employer is not required to provide MRP benefits (see question 74 below).
72. Could an employer choose to remove an employee from the workplace for reasons not required by the standard? (Coincides with question 74 below)
Yes. Employers may choose to go beyond the minimum requirements of the ETS. For example, they may choose to remove employees who (1) are experiencing symptoms other than recent loss of taste and/or smell or fever coupled with new unexplained cough and shortness of breath, (2) were exposed to a COVID-19 positive person outside of the workplace, or (3) were notified by a state or local public health authority to quarantine or isolate. Although the ETS does not require removal in those situations, the state or local public health authority may impose separate obligations or the employer might choose to remove employees in those circumstances, above and beyond what is required by this ETS.
74. If an employer removes an employee when removal is not required under the ETS, is the employer required to provide medical removal protection benefits during that removal? (Coincides with question 72 above)
No. The ETS does not require the employer to provide paid medical removal protection benefits when removal is not required under the ETS.
75. Is an employer required to remove the employee from the workplace and provide MRP benefits regardless of whether an employee is infected at work or outside the workplace?
Yes. Requirements for medical removal protection benefits under the ETS do not depend on where the employee was infected.
76. If an employee is exposed to a COVID-19 positive person outside of the workplace but has not developed symptoms and is not suspected to be COVID-19 positive, is an employer required to remove the employee from the workplace and provide MRP benefits?
No. Requirements for medical removal from the workplace and MRP benefits due to close contact with a COVID-19 positive person apply only to close contact in the workplace.
You can find these FAQ's and more Q&A HERE. We will continue to provide updates via the Open Forum.