OSHA Terminates COVID-19 Emergency Temporary Standard for Healthcare Workers

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Is COVID-19 still a thing, and does OSHA care about it? Yes and yes. We all know that COVID-19 is still around. On the OSHA front, the agency seems to be focused less exclusively on COVID-19 and plans to take a broader approach.

Refresher on OSHA’s Work During the Pandemic

On June 21, 2021, OSHA issued an Emergency Temporary Standard (ETS) to protect healthcare workers from COVID-19. The ETS also served as a proposed rule for a permanent standard to address COVID-19 exposure in healthcare settings. OSHA submitted a draft final rule to the Office of Management and Budget in December 2022. However, the COVID-19 pandemic evolved, and the resources needed to finalize a separate COVID-19 standard grew, which resulted in a House Joint Resolution terminating the national emergency and OSHA terminating the rulemaking.

Now What?

OSHA determined that a more effective strategy would be to create a broader infectious diseases standard for healthcare workers. This new standard will cover multiple infectious diseases, including COVID-19, offering more comprehensive protections for healthcare workers. As a result, effective January 15, 2025, OSHA has decided to terminate its COVID-19 rulemaking and focus instead on this broader infectious diseases standard, rather than a disease-specific approach. On February 5, 2025, OSHA issued a memorandum that it will not enforce the COVID-19 recordkeeping and reporting requirements.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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