Be Part of the Ultimate Safety & Compliance Community
Trending news, knowledge-building content, and more – all personalized to you!
Twice a year, the federal government publishes a summary of current regulatory activity occurring in the departments and agencies under its jurisdiction. The following is an overview of OSHA’s major projects as outlined in the Fall 2023 agenda and other developments:
OSHA amended its Representatives of Employers and Employees regulation at 29 CFR 1903.8 to clarify that the representative(s) authorized by employees may be an employee of the employer or a third party. Such third-party employee representative(s) may accompany the OSHA compliance officer when, in the judgment of the compliance officer, good cause has been shown why the third-party representative(s) is reasonably necessary to aid in the inspection. In the final rule, OSHA also clarified that a third party may be reasonably necessary because of its relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills.
OSHA concluded that these clarifications aid OSHA's workplace inspections by better enabling employees to select representative(s) of their choice to accompany the compliance officer during a physical workplace inspection. According to the agency, employee representation during the inspection is important to ensuring that OSHA obtains the necessary information about worksite conditions and hazards.
Status: The final rule was published on April 1, 2024. The rule takes effect on May 31, 2024.
OSHA and other U.S. agencies have been involved in a long-term project to negotiate a globally harmonized approach to classifying chemical hazards, and providing labels and safety data sheets for hazardous chemicals. The result is the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). OSHA incorporated the GHS into the Hazard Communication Standard (HCS) in March 2012 to specify requirements for hazard classification and to standardize label components and information on safety data sheets, which will improve employee protection and facilitate international trade. However, the GHS is a living document and has been updated several times since OSHA’s rulemaking. OSHA’s rulemaking was based on the third edition of the GHS and the UN recently completed the seventh. OSHA is conducting rulemaking to harmonize the HCS to the latest edition of the GHS and to codify a number of enforcement policies that have been issued since the 2012 standard.
Status: The final rule was sent to the Office of Management and Budget (OMB) for review on October 11, 2023, and approved by the OMB on April 8, 2024. That means OSHA is free to publish the final rule in the Federal Register at any time. Check the Federal Register and the OSHA website for developments.
OSHA is promulgating an interim final rule to update the procedures for handling and investigation of retaliation complaints under several whistleblower protection statutes. The updates would make the investigation procedures consistent among the statutes and make the process accessible for employers and employees by providing uniform standards with regard to various procedural issues including the sharing of the information between the parties during the investigation and the ability of the agency to serve findings by electronic means. Promulgation of this procedural rule will aid OSHA’s efficient processing of complaints under the whistleblower statutes.
Status: OSHA had expected to publish the interim final rule in February 2024. However, the rulemaking is delayed.
In accordance with Executive Order 13999 on Protecting Worker Health and Safety (January 21, 2021), OSHA issued an emergency temporary standard to address the grave danger of COVID-19 in healthcare workplaces. This standard contains provisions necessary to ensure the health and safety of workers. The agency believes the danger faced by healthcare workers continues to be of the highest concern and measures to prevent the spread of COVID-19 are still needed to protect them. OSHA announced on December 27, 2021, that it intended to continue to work expeditiously to issue a final standard that will protect healthcare workers from COVID-19 hazards. However, given that OSHA anticipated a final rule could not be completed in a timeframe approaching the one contemplated by the OSH Act, the agency has stopped enforcing the non-recordkeeping provisions. OSHA has continued to work expeditiously to issue a final standard that will protect workers from COVID-19.
Status: The rule has been at the OMB for review since December 7, 2022. Once approved by OMB, it can be published. OSHA anticipated a December 2023 publication date. However, the rulemaking is still at OMB, and OSHA cannot comment on the OMB proceedings. It appears the rulemaking is stalled.
OSHA makes extensive use of subpoenas to gather evidence and interview witnesses during its investigations. This subpoena practice raises recurrent issues which lead to time-consuming disputes between the agency and employers. OSHA intends to adopt a regulation addressing the use of subpoenas during OSHA investigations to provide helpful clarity to the agency and the regulated public on these issues, while promoting transparency and uniform subpoena practice across the agency.
Status: The agency has not issued a proposed rule. Instead, OSHA had intended to publish an interim final rule by November 2023. However, this rule is delayed.
OSHA is promulgating procedures for the handling and investigation of complaints pursuant to the Anti-Money Laundering Act (AMLA) of 2020. This new law prohibits employers from retaliating against certain whistleblowers who report potential money laundering-related violations to the federal government, Congress, their supervisors, or who testify, cause to be filed, or participate in, or otherwise assist in an investigation or proceeding relating to potential money laundering-related violations. Promulgation of this procedural regulation will aid in the efficient processing of complaints under this new statutory provision.
Status: A final rule was slated for publication in April 2024. The rule is delayed.
OSHA is promulgating procedures for the handling and investigation of complaints pursuant to the Criminal Antitrust Anti-Retaliation Act (CAARA) of 2019. This new law prohibits employers from retaliating against certain whistleblowers who report criminal antitrust violations to the federal government or their supervisors, or who cause to be filed, testify or participate in, or otherwise assist in an investigation or proceeding relating to a violation of antitrust laws. The law’s whistleblower protections cover employees, contractors, subcontractors, and agents. Promulgation of this procedural regulation will aid in the efficient processing of complaints under this new statutory provision.
Status: A final rule was slated for publication in April 2024. The rule is delayed.
On July 20, 2023, OSHA published its Personal Protective Equipment (PPE) in Construction proposed rule. It clarifies that PPE must fit each worker properly and aligns the language in OSHA’s PPE standard for construction with its standards for general industry and maritime. The failure of standard-sized PPE to sufficiently protect physically smaller construction workers has long been an industry concern, the agency explains.
Status: The proposed rule was published in the Federal Register July 20, 2023. Comments were anticipated to be analyzed by OSHA in November 2023. No tentative date is slated for a final rule, but the latest OSHA budget request anticipates publication of the rule in fiscal year 2024.
OSHA is proposing to add references to ANSI/ITSDF B56.1-2020, B56.5-2019, and B56.6-2021 in 29 CFR 1910.178. In this way, the rulemaking will incorporate by reference the consensus standard provisions related to the design and construction of powered industrial trucks. The agency also proposes to allow employers to simply demonstrate that the truck they use was designed and constructed in a manner that provides employee protection that is “at least as effective as” the standards incorporated by reference.
Status: The proposed rule appeared in the February 16, 2022, Federal Register. Comments were anticipated to be analyzed by OSHA in November 2023. No tentative date is slated on a final rule, but the latest OSHA budget request anticipates publication of the rule in fiscal year 2024.
OSHA currently regulates aspects of emergency response and preparedness; some of these standards were promulgated decades ago, and none were designed as comprehensive emergency response standards. Consequently, they do not address the full range of hazards or concerns currently facing emergency responders, and other workers providing skilled support, nor do they reflect major changes in performance specifications for protective clothing and equipment. The agency acknowledged that current OSHA standards also do not reflect all the major developments in safety and health practices that have already been accepted by the emergency response community and incorporated into industry consensus standards.
OSHA proposes to issue a new safety and health standard, titled Emergency Response, to replace the existing Fire Brigades Standard at 29 CFR 1910.156. The new standard would address a broader scope of emergency responders and would include programmatic elements to protect emergency responders from a variety of occupational hazards.
Status: The proposed rule was published in the Federal Register on February 5, 2024. However, on March 28, 2024, OSHA extended the comments period on all aspects of the proposed rule to June 21, 2024. After that, OSHA may shift toward developing a final rule.
The Request for Information (RFI) (published on December 7, 2016) provides OSHA’s history with the issue of workplace violence in healthcare and social assistance, including a discussion of the guidelines that were initially published in 1996, a 2014 update to the guidelines, the agency’s use of Section 5(a)(1) of the Occupational Safety and health Act in enforcement cases in healthcare. The RFI solicited information primarily from healthcare employers, workers and other subject matter experts on impacts of violence, prevention strategies, and other information that will be useful to the agency. OSHA was petitioned for a standard preventing workplace violence in healthcare by a broad coalition of labor unions, and in a separate petition by the National Nurses United. On January 10, 2017, OSHA granted the petitions.
Status: OSHA convened a small business advisory review panel in March 2023. On May 2, 2023, the panel posted to the docket a 434-page “Report of the Small Business Advocacy Review Panel on OSHA’s Potential Standard for Prevention of Workplace Violence in Healthcare and Social Assistance,” which makes several recommendations to OSHA regarding the rulemaking. Comments on Docket No. OSHA-2016-0014 were accepted through July 3, 2023. OSHA is proceeding toward a proposed rulemaking. According to the OSHA budget request, that proposal is anticipated in fiscal year 2025, which begins October 1, 2024.
Excessive heat can cause heat stroke and even death if not treated properly. It also exacerbates existing health problems like asthma, kidney failure, and heart disease. Workers in agriculture and construction are at highest risk, but the problem affects all workers exposed to heat, including indoor workers without climate-controlled environments. Essential jobs where employees are exposed to high levels of heat are disproportionately held by Black and Brown workers.
Heat stress killed 815 U.S. workers and seriously injured more than 70,000 workers from 1992 through 2017, according to the Bureau of Labor Statistics. However, this is likely a vast underestimate, given that injuries and illnesses are underreported in the U.S., especially in the sectors employing vulnerable and often undocumented workers. Further, heat is not always recognized as a cause of heat-induced injuries or deaths and can easily be misclassified, because many of the symptoms overlap with other more common diagnoses.
To date, California, Colorado, Minnesota, Oregon, Washington, and the U.S. military have issued heat protections. OSHA currently relies on the General Duty Clause (OSH Act Section 5(a))(1)) to protect workers from this hazard. Notably, from 2013 through 2017, California used its heat standard to conduct 50 times more inspections resulting in a heat-related violation than OSHA did nationwide under its general duty clause. It is likely to become even more difficult to protect workers from heat stress under the General Duty Clause in light of the 2019 Occupational Safety and Health Review Commission’s decision (OSHRC Docket No. 13-0224) to vacate a General Duty Clause violation in a case involving the death of a roofing worker.
OSHA was petitioned by Public Citizen for a heat stress standard in 2011. The agency denied this petition in 2012, but was once again petitioned by Public Citizen, on behalf of numerous organizations (~130), for a heat stress standard in 2018, 2019, and 2021. In 2023 and 2024, several state Attorneys General petitioned OSHA for an Emergency Temporary Standard on heat exposure. Also, members of Congress have urged OSHA to initiate rulemaking to address heat stress.
Given the potentially broad scope of regulatory efforts to protect workers from heat hazards, as well as a number of technical issues and considerations with regulating this hazard (e.g., heat stress thresholds, heat acclimatization planning, exposure monitoring, medical monitoring), a Request for Information allowed the agency to begin a dialogue and engage with stakeholders to explore the potential for rulemaking on this topic.
Status: OSHA published an advance notice of proposed rulemaking (ANPRM) on October 27, 2021. Then, on August 21, 2023, OSHA reopened its Outdoor/Indoor Heat rulemaking through December 23, 2023, for comments. Note that OSHA initiated its small business review panel on August 25, 2023, and held meetings in September 2023 to discuss the regulatory framework. The panel sent recommendations to OSHA on November 3, 2023. OSHA projected it will analyze the panel recommendations in January 2024.
Note that the voluntary consensus standard ANSI/ASSP A10.50-2024, Standard for Heat Stress Management in Construction and Demolition Operations, was approved on January 4, 2024. OSHA says it will consider the ANSI/ASSP standard as it develops its own heat rulemaking.
In April 2024, OSHA shared the potential elements of its upcoming rule with the Advisory Committee on Construction Safety and Health and received a unanimous recommendation to publish the proposal. The potential elements include: scope, application, definitions, heat injury and illness prevention plan (HIIPP), identifying heat hazards, requirements at/above an initial heat trigger, requirements at/above a high heat trigger, heat illness and emergency response/planning, training, recordkeeping, and no cost to workers.
OSHA will seek a similar recommendation in May 2024 from the National Advisory Committee on Occupational Safety & Health. OSHA is currently developing a proposed rule on outdoor/indoor heat. No tentative date is scheduled for publication, but the rulemaking appears to be a priority for fiscal year 2024.
On October 27, 2021, OSHA issued an advance notice of proposed rulemaking on protecting workers from outdoor and indoor heat hazards. The 53-page Federal Register action item posed 114 questions on over 20 heat-related issues.
On August 21, 2023, OSHA reopened its Outdoor/Indoor Heat rulemaking for comment through December 23, 2023.
From September 7 to 19, 2023, OSHA convened a small business panel to consider “options” for regulatory elements to prevent or reduce heat injury and illness in outdoor and indoor settings.
On November 3, 2023, the small business panel sent its recommendations to OSHA, and now the agency may proceed with work on a proposed rule to protect workers from extreme outdoor/indoor heat.
On April 24, 2024, OSHA received from the Advisory Committee on Construction Safety and Health a unanimous recommendation to publish the proposal.
OSHA is proposing corrections and amendments to the final standard for cranes and derricks published in August 2010. The standard has a large number of provisions designed to improve crane safety and reduce worker injury and fatality.
The proposed amendments correct references to power line voltage for direct current (DC) voltages as well as alternating current (AC) voltages; broaden the exclusion for forklifts carrying loads under the forks from “winch or hook” to a “winch and boom”; clarify an exclusion for work activities by articulating cranes; provide four definitions inadvertently omitted in the final standard; replace “minimum approach distance” with “minimum clearance distance” throughout to remove ambiguity; clarify the use of demarcated boundaries for work near power lines; correct an error permitting body belts to be used as a personal fall arrest system rather than a personal fall restraint system; replace the verb “must” with “may” used in error in several provisions; correct an error in a caption on standard hand signals; and resolve an issue of “NRTL-approved” safety equipment (e.g., proximity alarms and insulating devices) that is required by the final standard, but is not yet available.
Status: OSHA had expected to publish the proposed rule by March 2024. However, the rulemaking is delayed.
While the number of employees engaged in the communication tower industry remains small, the fatality rate is very high. Over the past 20 years, this industry has experienced an average fatality rate that greatly exceeds that of the construction industry. Due to recent FCC spectrum auctions and innovations in cellular technology, there will be a very high level of construction activity taking place on communication towers over the next few years. A similar increase in the number of construction projects needed to support cellular phone coverage triggered a spike in fatality and injury rates years ago.
Based on information collected from an April 2016 Request for Information (RFI), OSHA concluded that current OSHA requirements such as those for fall protection and personnel hoisting, may not adequately cover all hazards of communication tower construction and maintenance activities. OSHA will use information collected from a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel to identify effective work practices and advances in engineering technology that would best address industry safety and health concerns. The panel carefully considered the issue of the expansion of the rule beyond just communication towers. OSHA will continue to consider also covering structures that have telecommunications equipment on or attached to them (e.g., buildings, rooftops, water towers, and billboards).
Status: OSHA had expected to publish the proposed rule by March 2024. However, the rulemaking is delayed.
OSHA is proposing to amend the Welding and Cutting Standard in construction to eliminate any perceived ambiguity about the definition of “confined space” that applies to welding activities in construction. On May 4, 2015, when OSHA published the final rule for Confined Spaces in Construction, a new subpart was added to provide protections to employees working in confined spaces in construction. This new subpart replaced OSHA’s one training requirement for confined space work with a comprehensive standard that includes a permit program designed to protect employees from exposure to many hazards associated with work in confined spaces, including atmospheric and physical hazards.
The explanation of the final rule also discusses in detail how the Welding and Cutting Standard in Construction works together with the confined spaces standard regarding the application of their respective requirements. Although the confined spaces standard states that it encompasses welding activities, the welding standard itself does not expressly identify a definition of “confined space.” OSHA will conduct a rulemaking to eliminate any perceived ambiguity about the definition of confined space that applies to welding activities in construction.
Status: The proposed rule was projected for publication in February 2024. However, the rulemaking is delayed.
On March 25, 2016, OSHA published a final rule on Occupational Exposure to Respirable Crystalline Silica (81 FR 16286). OSHA issued two separate standards — one for construction and one for general industry and maritime. Neither standard included a provision for medical removal protection. Both industry and labor organizations petitioned for review of the rule. Upon review, the U.S. Court of Appeals for the District of Columbia Circuit concluded that OSHA failed to adequately explain its decision to omit medical removal protections from the rule and remanded the rule for further consideration of the issue.
Status: The proposed rule was projected for publication in January 2024. However, the rule is delayed.
There is no OSHA standard for tree care operations. The agency currently applies a patchwork of standards to address the serious hazards in this industry. The tree care industry previously petitioned the agency for rulemaking, and OSHA issued an advance notice of proposed rulemaking (ANPRM) (September 2008). OSHA initiated and completed a SBREFA panel in April 2020, collecting information from affected small entities on a potential standard, including the scope of the standard, effective work practices, and arboricultural specific uses of equipment to guide OSHA in developing a rule that would best address industry safety and health concerns. Tree care continues to be a high-hazard industry.
Status: The proposed rule was slated for January 2024. However, the rulemaking is delayed. The latest OSHA budget request anticipates publication of the proposal in fiscal year 2025, which begins October 1, 2024.
Employees in healthcare and other high-risk environments face long-standing infectious disease hazards such as tuberculosis (TB), varicella disease (chickenpox/shingles), norovirus, influenza, and methicillin-resistant Staphylococcus aureus (MRSA), and measles, as well as new and emerging infectious disease threats, such as Severe Acute Respiratory Syndrome (SARS), COVID-19, and pandemic influenza. Healthcare workers and workers in related occupations, or who are exposed in other high-risk environments, are at increased risk of contracting TB, SARS, MRSA, COVID-19, and other infectious diseases that can be transmitted through a variety of exposure routes.
OSHA is examining regulatory alternatives for control measures to protect employees from infectious disease exposures to pathogens that can cause significant disease. The scope of the rulemaking is anticipated to include biomedical laboratories and settings where any employee provides healthcare services, handles contaminated materials, or handles human remains. OSHA is considering the following key rulemaking elements: (a) a workplace infection control plan (WICP), which includes hazard identification and policies and procedures for screening/management, cleaning/disinfection/sterilization, personal protective equipment, engineering controls, support for vaccination, employee medical management, outbreaks/releases, and training; (b) recordkeeping; (c) reporting fatalities and hospitalizations; (d) multiple-employer provisions; and (e) cost/availability provisions.
Status: In April 2024, OSHA received a unanimous recommendation from the Advisory Committee on Construction Safety and Health to publish the proposal. The agency will seek a similar recommendation in May 2024 from the National Advisory Committee on Occupational Safety & Health. The agenda projects publication of the proposed rule in June 2024; however, the latest OSHA budget request anticipates publication of the proposal in fiscal year 2025, which begins October 1, 2024.
Recent technological advancements that employ computer-based controls of hazardous energy (e.g., mechanical, electrical, pneumatic, chemical, and radiation) conflict with OSHA’s existing lockout/tagout standard. The use of these computer-based controls has become more prevalent as equipment manufacturers modernize their designs. Additionally, there are national consensus standards and international standards harmonization that govern the design and use of computer-based controls. This approach of controlling hazardous energy is more accepted in other nations, which raises issues of needing to harmonize U.S. standards with those of other countries. The agency has recently seen an increase in requests for variances for these devices. OSHA issued an RFI in May 2019 to understand the strengths and limitations of this new technology, as well as potential hazards to workers.
Status: The proposed rule is projected for publication in August 2024.
OSHA has received feedback from stakeholders indicating that several regulatory provisions of the 2016 final rule on Walking-Working Surfaces (81 FR 82494) are unclear. The agency plans to correct a formatting error in Table D-2 and also revise the language of the requirements for stair rail systems to make them clearer and reflect OSHA’s original intent.
Status: OSHA intended to re-open the rulemaking record in November 2023. However, this action is delayed.
Existing 29 CFR 1915 Subpart E (Scaffolds, Ladders and Other Working Surfaces) includes provisions for scaffolds or staging, ladders, guarding of deck openings and edges, access to vessels, access to and guarding of dry docks and marine railways, access to cargo spaces and confined spaces, and working surfaces. These requirements are not comprehensive in their coverage of fall hazards in shipyards. In addition, existing standards do not reflect national consensus standards. OSHA issued an RFI to solicit data and comments on updating existing standards and dividing the rulemaking into three subparts on stairways, ladders and other access and egress; fall protection; and scaffolds.
Status: OSHA projected a November 2024 publication of the proposed rule, but this has been delayed. This agenda item is also on the agency’s long-term action list.
OSHA issued an RFI on December 9, 2013 (78 FR 73756). The RFI identified issues related to modernization of the Process Safety Management (PSM) Standard and related standards necessary to meet the goal of preventing major chemical accidents.
Status: OSHA held a stakeholder meeting on October 12, 2022, with comments accepted through November 14, 2022. Comments were projected to be analyzed in November 2023. The next rulemaking action is yet to be determined. Note that OSHA updated an enforcement directive on PSM. That directive is CPL 02-01-065, effective January 26, 2024.
The current OSHA standard on mechanical power presses does not address the use of hydraulic or pneumatic power presses. Additionally, the existing standard is approximately 40 years old and does not address technological changes. OSHA previously published an ANPRM on Mechanical Power Presses (June 2007) in which it identified several options for updating this standard.
Status: OSHA published an RFI on July 28, 2021, and expected to analyze comments in December 2023. The next rulemaking action is to be determined.
OSHA is considering rulemaking to revise its standards for occupational exposure to lead. OSHA lead standards provide medical removal levels of 60 µg/dL in general industry, 50 µg/dL in construction and the return of the employee to former job status at a blood lead level (BLL) below 40 µg/dL. Recent medical findings indicate that lower blood lead levels in adults can result in adverse health effects including hypertension, cognitive dysfunction, and effects on renal function and reproductive systems. OSHA is seeking input on reducing the current BLL triggers in the medical surveillance and medical removal protection provisions of the general industry and construction standards for lead, and about how current ancillary provisions in the lead standards can be modified to reduce worker BLLs in industries and occupations where elevated exposure to lead continues to occur. OSHA is seeking this input from the public to help the agency identify possible areas of the lead standards for revision to improve protection of workers in industries and occupations where preventable exposure to lead continues to occur.
Status: The advanced notice of proposed rulemaking (pre-rule) was published in the June 28, 2022, Federal Register. OSHA intended to analyze comments in December 2023. The next action is yet to be determined.
OSHA proposed to restore a column to the OSHA 300 Log that employers must check if a case they are already required to record under OSHA’s existing recordkeeping rule (29 CFR 1904) is a “musculoskeletal disorder” (MSD). This rulemaking does not change the existing requirements about when and under what circumstances employers must record work-related injuries and illnesses.
Status: OSHA issued a proposed rule on January 29, 2010, and took comments and held meetings in 2010 and 2011. The next action is to be determined, and this rulemaking is a long-term action.
Powered industrial trucks (e.g., fork trucks, tractors, lift trucks, and motorized hand trucks) are ubiquitous in industrial (and many retail) worksites. OSHA issued an RFI on March 11, 2019 (84 FR 8633), to determine if changes need to be made to locations of use, maintenance, training, and operation of powered industrial trucks. The current standard covers 11 types of trucks, but there are now at least 19 types in industry.
Status: OSHA requested information in March 2019. However, a proposed rulemaking, while on the agenda, is a long-term action.
On March 25, 2016, OSHA published a final rule on Occupational Exposure to Respirable Crystalline Silica (81 FR 16286). OSHA issued two separate standards, one for construction, and one for general industry and maritime. The construction standard includes Table 1: Specified Exposure Control Methods When Working With Materials Containing Crystalline Silica, which matches common construction tasks with dust control methods that have been shown to be effective. In some operations, respirators are also needed. Employers who follow Table 1 correctly are not required to measure workers’ exposure to silica and are not subject to the permissible exposure limit (PEL).
OSHA is interested in information on the effectiveness of control measures not currently included for tasks and tools listed in Table 1. The agency is also interested in tasks and tools involving exposure to respirable crystalline silica that are not currently listed in Table 1, along with information on the effectiveness of dust control methods in limiting worker exposure to respirable crystalline silica when performing those operations. OSHA intends to evaluate the available information to determine if revisions to Table 1 may be appropriate.
Status: OSHA requested information in August 2019. However, a proposed rule, while on the agenda, is a long-term action.
OSHA published an ETS to protect workers from the grave danger of COVID-19 transmission in the workplace. The standard required all covered employers to develop and implement a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopted a policy requiring employees to elect either to get vaccinated or to undergo regular COVID-19 testing and wear a face covering at work.
On January 13, 2022, the U.S. Supreme Court stayed the Vaccination and Testing ETS, finding that challengers were likely to prevail on their claims. After evaluating the Court’s decision, OSHA withdrew the Vaccination and Testing ETS as an enforceable emergency temporary standard. However, OSHA did not withdraw the ETS to the extent that it serves as a proposed rule while OSHA continues to evaluate comments and the Court’s decision.
Status: The next action is to be determined.