Federal workplace safety officials have finally started finalizing plans to eliminate the Biden administration’s old COVID-19 regulation. OSHA plans a broader infectious disease standard, and with the Trump administration signaling a less regulatory focus than the previous regime, this will mean new compliance obligations for healthcare workers across the country.
Background on COVID-19 Regulation
At the height of the COVID-19 pandemic in 2020, OSHA issued nonbinding workplace safety guidance. However, this drew criticism from many who argued OSHA needed a specific enforceable COVID-19 regulation to protect workers.
Then, in 2021, President Biden signed an executive order instructing OSHA to establish an Emergency Temporary Standard (ETS). An ETS enables OSHA to swiftly implement enforceable regulations without going through the formal rulemaking process when determining a significant threat to worker safety. In response, the agency introduced the Healthcare ETS, mandating that healthcare employers create COVID-19 exposure control plans and adhere to specific requirements for recordkeeping, ventilation, and cleaning protocols.
Unfortunately, the Healthcare ETS faced much criticism for being overly broad. And in December 2021, OSHA allowed the ETS to lapse. This did not stop OSHA, however, and it published a final draft of its proposed COVID-19 rule for healthcare settings in December 2022. Though nothing has come from this proposed rule.
What To Expect Next?
With OSHA scrapping the proposed COVID-19 ruling, it plans to focus on implementing a broader infectious disease rule, which the agency hopes to finalize sometime in 2025.
The effort to implement a comprehensive infectious disease rule began during the Obama administration in 2014; however, it was set aside and largely forgotten. Currently, a new proposed infectious disease rule is under review by the White House. While details are still emerging, the rule aims to establish control measures to safeguard healthcare workers from pathogens that OSHA identifies as significant risks for infectious diseases, including COVID-19, influenza, and tuberculosis. Additionally, the proposal seeks to extend these protections beyond traditional healthcare settings to other workplaces, such as correctional facilities and laboratories.
What Should the Healthcare Industry Do?
OSHA continues to provide non-binding COVID-19 guidance for healthcare employers, aligning with CDC recommendations to emphasize vaccinations, masking, and other measures to mitigate the spread of COVID-19 in the workplace. Healthcare employers should stay informed about this guidance and implement these and other workplace safety best practices to maintain a safe environment for employees while ensuring compliance with agency regulations.
With all of this happening, it is an opportune time for employers in healthcare and other industries with a heightened risk of infectious disease transmission—such as correctional facilities and laboratories—to evaluate their internal policies and procedures for managing workplace infections. Being proactive now can help prevent being unprepared if OSHA introduces a more comprehensive infectious disease rule in the future.