An Executive Order signed by President Biden required OSHA to issue an Emergency Temporary Standard (ETS) by March 15, 2021. In April the ETS was placed on “hold” by Secretary of Labor Marty Walsh, in order to take into account the latest scientific data. One popular speculation for the reason of this hold suggests that due to the rate of vaccinations throughout the country, there is no longer an emergency. The OSHA Act does not permit the issuance of an emergency standard unless the hazard the standard addresses poses a “grave danger” when issued. Another likely and significant reason for the hold is that OSHA struggles to demonstrate the benefits the ETS was supposed to achieve to justify the cost to employers.

On April 26, 2021 the ETS was submitted to the Office of Management and Budget for review and is expected to be published in June 2021. In the National Law Review, Scott T. Allen of Foley and Lardner, LLP suggests the ETS could consist of separate rules for health care and other industries and could include:

• Implementing a written plan;

• Supplying masks;

• Enforcing social distancing;

• Cleaning and disinfection; and

• Training workers.

When the ETS is finalized it will take effect immediately and remain in place for six months. Legal challenges are expected.

Since the Executive Order was issued, OSHA has taken other regulatory actions intended to protect workers, including issuing guidance on COVID-19 prevention best practices, a National Emphasis Program intended to prioritize enforcement of workplaces with high risk of exposure, and an update to its Interim Enforcement Response Plan.

If you need assistance with the upcoming regulatory changes, please contact us or call (800) 508-8034 to speak with one of our professionals today.

Blog Author

Diana Ludwig, STSC
Project Manager, Security, Safety & Health
KERAMIDA Inc.

Contact Diana at dludwig@keramida.com.