OSHA does not have a comprehensive regulation for COVID-19. It is noteworthy that:
- On November 5, 2021, the agency published in the Federal Register an emergency temporary standard (ETS) interim final rule for vaccination and testing. OSHA later withdrew the interim final rule on January 26, 2022.
- On June 21, 2021, OSHA issued a separate ETS for COVID-19 for Healthcare. On December 27, 2021, OSHA withdrew non-recordkeeping portions of the Healthcare ETS, but kept in effect the COVID-19 log and reporting provisions, 1910.502(q)(2)(ii), (q)(3)(ii)-(iv), and (r). Then, on February 5, 2025, OSHA issued a memo stating that, until further notice, the agency will not cite employers for violations 1910.502(q)(2)(ii) and (q)(3)(ii)-(iv), and (r). OSHA will continue to enforce applicable recordkeeping and reporting requirements under 29 CFR 1904.
- On December 7, 2022, OSHA sent the Office of Management and Budget (OMB) a permanent COVID-19 for Healthcare final rule for review. However, on January 14, 2025, it was withdrawn from OMB review. On January 15, 2025, OSHA then terminated the rulemaking.
- Federal OSHA is working on an Infectious Diseases proposed rule. The rulemaking reached the OMB on November 8, 2024, but was withdrawn from review on January 14, 2025. The rulemaking is intended to protect employees from infectious agents transmitted by contact, droplet, and airborne routes in biomedical labs and other settings where any employee provides healthcare services, handles contaminated materials, or handles human remains. The agency is considering rulemaking elements for a written plan, recordkeeping, reporting, multi-employer provisions, and cost/availability provisions.
Meanwhile, the agency continues to have the following existing regulations and laws that are related and may apply to your facility:
- 29 CFR 1904, Recording and Reporting Occupational Injuries and Illness.
- 29 CFR 1910.132, General Requirements - Personal Protective Equipment.
- 29 CFR 1910.133, Eye and Face Protection.
- 29 CFR 1910.134, Respiratory Protection.
- 29 CFR 1910.141, Sanitation.
- 29 CFR 1910.145, Specification for Accident Prevention Signs and Tags.
- 29 CFR 1910.1020, Access to Employee Exposure and Medical Records.
- Section 5(a)(1), General Duty Clause of the Occupational Safety and Health (OSH) Act of 1970.
In addition, the agency has issued the guidance page, "Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace," dated August 13, 2021.
Also note that your state may be more stringent than federal OSHA. Check your state laws, regulations, and workplace safety agency websites to learn more. Check the Centers for Disease Control and Prevention (CDC) website for general guidance and best practices.
