OSHA is promising “enforcement discretion” to employers who cannot perform otherwise mandatory fit tests on powered respirators because of ongoing test equipment shortages, as long as the businesses make “good-faith efforts” to obtain the required supplies and reduce workers’ need to use respiratory protection gear.
September 17, 2026
OSHA has announced citations against an additional 28 employers for violations related to the COVID-19 pandemic, accelerating its pace of enforcement -- especially against health care and nursing home facilities -- amid accusations that the agency is not doing enough to address workplace exposures to the disease.
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OSHA has narrowed its guidance on when employers must report COVID-19 hospitalizations to the agency as “work-related,” setting a requirement that a case is only reportable when it comes within 24 hours of a workplace exposure to the virus despite the disease’s long incubation time that means infections take a week or more to manifest.
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The Occupational Safety and Health Review Commission’s (OSHRC) third unanimous decision in less than a week rejecting an OSHA fine for employers’ alleged failure to install safety equipment is drawing a warm welcome from employer attorneys, with one calling it evidence of a “trend” toward scrutiny of agency enforcement decisions.
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Oregon has released an updated draft of its COVID-19 emergency temporary standard (ETS) that extends to all employers the requirement to craft exposure risk assessments for the virus but removes mandatory paid leave for workers subject to medical quarantine orders, among other changes to the rule slated to take effect Oct. 12.
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Democrats have unveiled a scaled-back version of their COVID-19 relief package in what could be their final effort to restart negotiations with the White House ahead of the November elections, but even the more limited bill maintains the demand for an OSHA standard to address the virus, potentially dooming it in the Senate.
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California OSHA (Cal/OSHA) is citing more health care and other facilities for allegedly not protecting employees from COVID-19, most recently acting against six hospitals, skilled nursing facilities and a police department with more than $100,000 in proposed fines.
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The Occupational Safety and Health Review Commission (OSHRC) has for the second time in a matter of days struck down an OSHA citation for an industrial accident because the agency failed to prove that a worker’s risky behavior was part of “normal operation” for the facility, underscoring the potentially high bar to make that showing.
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Critics of Virginia’s first-in-the-nation emergency temporary standard (ETS) for COVID-19 are challenging the policy in court, arguing that it infringes on a host of constitutional rights and that the state bypassed its own rulemaking procedures to enact the policy.
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The Occupational Safety and Health Review Commission (OSHRC) in a new decision has vacated an OSHA citation for crushing hazards at an Air Force contractor’s on-base metal shop, holding that the agency failed to show that protections at the site were lacking based on whether an accident was “reasonably predictable.”
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OSHA has settled its enforcement case against a Colorado contracting firm over a 2018 falling accident that left a worker with a traumatic brain injury, averting any decision by the Occupational Safety and Health Review Commission (OSHRC) on the scope of worksite inspection or training requirements.
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Lawmakers have agreed to extend current funding for OSHA and other executive agencies to Dec. 11, delaying a battle over potential fiscal year 2021 budget cuts or boosts until after the election -- and likely after the Senate battle over confirming a successor to the late Supreme Court Justice Ruth Bader Ginsburg.
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California OSHA (Cal/OSHA) plans to enact the country’s third emergency temporary standard (ETS) for COVID-19 after its standards board voted Sept. 17 to accept unions’ petition for a binding rule -- just as the state government approved a bill requiring worker notices and even facility closures in response to workplace coronavirus outbreaks.
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OSHA is continuing to unveil citations against employers over alleged failures to protect their workers from COVID-19, but labor unions and other Trump administration foes say the small financial penalties the agency is seeking are further evidence that its response to the pandemic has been unacceptably weak.
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A bipartisan group of House moderates is backing a compromise proposal on COVID-19 relief including a limited employee liability waiver with a role for OSHA, signaling potential movement toward new negotiations after President Donald Trump called on Republicans to accept a higher price tag for a consensus bill.
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OSHA is revising its 2010 standards governing the use of cranes and derricks to add a host of exemptions for railroad work, reflecting both a 2014 settlement with the railroad industry and recent rulemakings by the Federal Railroad Administration (FRA) that the agency says preempted its authority in many areas.
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California OSHA (Cal/OSHA) has recently fined more than a dozen companies a total of over $500,000 for allegedly failing to protect workers from COVID-19, with the bulk being levied on a frozen food manufacturer and the temporary employment firm it uses at more than $200,000 each.
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OSHA has issued what appears to be its first citation to an employer for failing to protect workers from COVID-19 infections under the OSH Act’s general duty clause, a provision that attorneys have predicted will be the agency’s main authority for enforcing its array of sector-specific virus guidances during the pandemic.
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The Senate has rejected Republicans’ “skinny” COVID-19 relief bill along party lines with Democrats decrying an employer liability waiver against OSHA enforcement as one of many “poison pills” that doomed the proposal, casting doubt on whether Congress will be able to approve any further virus-related relief bill this year.
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The pro-regulatory group Public Citizen is suing the Department of Labor (DOL) seeking release of records from the development of OSHA’s enforcement memo that promised not to take legal action against meat and poultry plants that make “good-faith” efforts to comply with federal COVID-19 workplace safety guidance.
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