What does OSHA require our facility to do to protect our employees from COVID-19?

As of November 12, 2024, 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. However, OSHA later withdrew the interim final rule on January 26, 2022, so the provisions of the rule are no longer in effect. The agency's move to withdraw the rule came after the Supreme Court stayed the rule on January 13, 2022.
• On June 21, 2021, OSHA issued a separate ETS for COVID-19, but that standard only covered healthcare employers. On December 27, 2021, OSHA withdrew non-recordkeeping portions of the June 21st Healthcare ETS, but kept in effect the COVID-19 log and reporting provisions, §1910.502(q)(2)(ii), (q)(3)(ii)-(iv), and (r).
• Federal OSHA intended to publish a permanent COVID-19 for Healthcare final rule in 2023. The final rule has been under review at the Office of Management and Budget (OMB) since December 7, 2022. The rule cannot be published without OMB approval. The latest agenda pegs this rulemaking for publication in the Federal Register by December 2024, but OSHA officials have not mentioned this rulemaking when discussing “upcoming” rulemakings.
• Federal OSHA is working on an Infectious Diseases proposed rule, slated for publication in November 2024. Yet, the proposed rulemaking just reached the OMB on November 8, 2024. OMB typically takes 90 to 120 days to review and approve a rulemaking, but OMB can rush rules through faster if necessary. 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.