Clear Law Institute, LLC: Coming Soon: OSHA’s COVID-19 Emergency Temporary Standard

COVID-19 Safe Workplace Training Update

Coming Soon: OSHA COVID-19 Emergency Temporary Standard

Employers should prepare to comply quickly with new workplace rules from the Occupational Safety and Health Administration (OSHA), which could address employee training, masks, social distancing, cleaning and disinfection, and other safety measures. This week, OSHA sent a COVID-19 emergency temporary standard to the Office of Management and Budget (OMB) for review.

President Biden previously issued Executive Order 13999 directing OSHA to determine whether an emergency temporary standard is necessary to protect workers from COVID-19 exposure and risks – and if OSHA determined a standard was necessary – to issue it by March 15. Shortly before March 15, OSHA informed multiple business groups that it had decided to issue a standard but needed more time.

Since then, OSHA has been under increased pressure from Congress and many worker protection groups to issue an emergency temporary standard to mitigate the spread of COVID-19 in the workplace.

The specific language of the emergency temporary standard and when OMB will complete its review is unknown. OMB can take as much time as necessary for the review. Although, many reports suggest the review period will be approximately two weeks. Upon publication in the Federal Register, the standard takes effect immediately. The standard will be effective for six months or until a permanent standard is adopted following the regular rulemaking process.