Further Guidance on OSHA ETS Applicability to ACFs Forthcoming

Upon further review, LeadingAge NY’s legal counsel, Hinman Straub, does not believe that the Occupational Safety and Health Administration (OSHA) COVID-19 Emergency Temporary Standard (ETS) applies to New York-licensed adult care facilities (ACFs). The OSHA ETS does, however, apply to Enhanced Assisted Living Residences (EALRs) and Assisted Living Programs (ALPs) because of their utilization of licensed professionals. Hinman Straub is preparing a Frequently Asked Questions (FAQ) document to address questions on the applicability of the OSHA ETS to ACFs, home care, and Consumer Directed Personal Assistance Services (CDPAS). Once this document is available, we will circulate it to members.

In settings where the OSHA ETS does not apply, providers must follow the New York HERO Act. More information on the HERO Act and its requirements is available here, and more information on the OSHA ETS is here.

Contact: Sara Neitzel, sneitzel@leadingageny.org, 518-867-8835