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OSHA Terminates COVID-19 Rulemaking and Works on Standard Addressing a Broader Range of Infectious Diseases

The Occupational Safety and Health Administration (OSHA) has abandoned efforts to establish a final COVID-19 safety standard to ensure workers in healthcare settings are protected from COVID-19.

OSHA issued an Emergency Temporary Standard (ETS) on June 21, 2021, after determining that COVID-19 posed a grave danger to healthcare workers. At that point, almost half a million healthcare workers had contracted COVID-19, and more than 1,600 healthcare workers had died as a result of COVID-19 infections. After issuing the ETS, OSHA received petitions from industry associations including the American Nurses Association, International Association of Fire Chiefs, and National Nurses United (NNU) urging OSHA to adopt a permanent standard to protect healthcare workers from COVID-19 and to also issue a separate standard covering a broader range of infectious diseases.

OSHA submitted a draft final COVID-19 rule to the White House Office of Management and Budget on December 7, 2022; however, on April 10, 2023, House Joint Resolution 7 was signed into law by President Biden terminating the COVID-19 public health emergency. Now that the COVID-19 public health emergency is over, OSHA feels that any ongoing risk to healthcare workers from COVID-19 and other coronavirus hazards would be best addressed through further rulemaking addressing infectious diseases more broadly, and has been working on the development of an infectious diseases standard for healthcare workers.

If OSHA had continued to focus on a separate COVID-19 standard, it would have consumed a considerable amount of agency staff time and other resources, which would have inhibited the promulgation of a broader protective infection disease standard. OSHA believes that focusing its resources on the development of a standard that provides protections for healthcare workers from a much broader range of infectious diseases will have a much greater impact on the safety and health of healthcare workers than spreading its resources thinly by working on separate standards for COVID-19 and other infectious diseases, hence the termination of COVID-19 rulemaking.

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Author: Steve Alder is the editor-in-chief of The HIPAA Journal. Steve is responsible for editorial policy regarding the topics covered in The HIPAA Journal. He is a specialist on healthcare industry legal and regulatory affairs, and has 10 years of experience writing about HIPAA and other related legal topics. Steve has developed a deep understanding of regulatory issues surrounding the use of information technology in the healthcare industry and has written hundreds of articles on HIPAA-related topics. Steve shapes the editorial policy of The HIPAA Journal, ensuring its comprehensive coverage of critical topics. Steve Alder is considered an authority in the healthcare industry on HIPAA. The HIPAA Journal has evolved into the leading independent authority on HIPAA under Steve’s editorial leadership. Steve manages a team of writers and is responsible for the factual and legal accuracy of all content published on The HIPAA Journal. Steve holds a Bachelor’s of Science degree from the University of Liverpool. You can connect with Steve via LinkedIn or email via stevealder(at)hipaajournal.com

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