If the firefighter performs emergency medical services (EMS) duties such as those of a paramedic, emergency medical technician or first responder, or if the firefighter otherwise provides support in the field to those performing EMS duties, the firefighter has occupational exposure to ATDs as defined in section 5199 and is therefore covered by section 5199, not the ETS. However, a firefighter must be protected from COVID-19 under one of the standards. Q: Can a firefighter be subject to both the ETS and section 5199 at different times?Ī: No, a firefighter cannot be subject to both the ETS and section 5199. Q: Can an employer at a workplace covered by section 5199 deem all employees on site to have occupational exposure to COVID-19 and exempt them from the ETS?Ī: If the employer provides all employees with protections under its ATD Exposure Control Plan and has incorporated those employees into the plan in accordance with section 5199 because they have an occupational exposure to COVID-19, then those employees would not be subject to the ETS.This is true even when an employee who has occupational exposure performs tasks that do not include exposure to ATDs, for example, when a hospital nurse who performs patient care spends time in the hospital's human resources office. In a facility or operation that is covered by section 5199, employees with occupational exposure to ATDs are covered by the requirements of section 5199, and not the ETS.
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