LeadingAge has received several member questions recently asking about the status of OSHA’s plan to issue a permanent regulatory standard concerning exposure to COVID-19 in the workplace. OSHA has not yet issued a final rule, and here is a brief reset and status update. Background: OSHA adopted an Emergency Temporary Standard (ETS) in June 2021 establishing wide-ranging requirements relating to mitigation of COVID-19 in settings that provide healthcare or healthcare support services. The agency withdrew the ETS in December 2021 but in early 2022 requested public input on whether to convert the ETS to a permanent standard, with certain potential modifications. LeadingAge submitted comments as part of that process, noting that the ETS was overly prescriptive and duplicative of requirements and guidance already established by CMS and CDC, among other issues. After considering the public comments it received, OSHA sent a final rule to the White House Office of Management and Budget (OMB) for its review and approval in December 2022. Current Status: OSHA’s rule is still under review. We expected that by now OMB would have completed its work and OSHA would have published the standard, but that hasn’t happened. LeadingAge is monitoring the status daily and will alert State partners and members know as soon as there is any development.
