Last week, OSHA published a notice in the Federal Register that it was withdrawing its proposed rule, Occupational Exposure to COVID-19 in Healthcare Settings, effective immediately. OSHA explained it was withdrawing the proposed rule because it intended to focus instead on an infectious disease standard for healthcare workers rather than “a disease-specific standard.” The agency explained that completing an infectious disease rulemaking was a better use of the agency’s time and resources.
In support of that approach, in November 2024, OSHA transmitted a proposed Infectious Diseases rule to the White House’s Office of Information and Regulatory Affairs (OIRA) for review. OIRA held two separate meetings with stakeholder groups regarding the pending proposal. OIRA concluded its review of the proposed rule on January 14, 2025, but information on the status of the proposed Infectious Diseases rule shows it has been withdrawn. OIRA’s website does not offer any further explanation. With both proposed rules withdrawn, it is unclear what the agency plans going forward.
Finally, we anticipate that the last COVID-19 Prevention Non-Emergency Regulations currently in effect in California will expire February 3, 2025. Updated and effective February 3, 2023, the regulation was slated to remain effective for two years, with recordkeeping subsections effective for three years—until February 3, 2026. The California Occupational Safety and Health Standards Board will likely update its Frequently Asked Questions to reflect these changes, but we do not expect further regulations.
Employers with questions or concerns about these proposed regulatory changes should contact knowledgeable employment counsel.
