Rulemaking

Public health groups are asking a federal appeals court to resume their lawsuit over OSHA’s 2019 rollback of Obama-era electronic recordkeeping and reporting mandates, after the agency failed to propose restoring the rule by the end of 2021 as it promised in an earlier filing -- though it now says the proposal will arrive by mid-February.

State and national labor groups are asking a federal appeals court for an order that would force OSHA to reinstate its COVID-19 emergency temporary standard (ETS) for healthcare workers and quickly enact a permanent rule for the sector, teeing up what could be the first appellate decision on the agency’s ability to extend the six-month emergency regulations.

OSHA has released a new regulatory interpretation letter that says employers may allow workers who maintain facial hair because of a disability or closely-held religious belief to use loose-fitting powered air-purifying respirators (PAPRs) as alternatives to fitted N95 masks to protect against COVID-19 exposure.

OSHA is providing new guidance for employers to review workers’ self-administered COVID-19 tests under its pandemic emergency temporary standard (ETS), warning that while such tests can satisfy the rule’s requirement for weekly testing of unvaccinated employees they must be either read or observed by a third party.

OSHA Dec. 21 allowed its COVID-19 emergency temporary standard (ETS) for healthcare workers to expire, spurring criticism from healthcare and workers’ rights advocates and calls for the agency to “expeditiously” issue a permanent standard to protect frontline medical workers amid a fresh spike in cases from the Omicron variant.

OSHA plans to propose this month a rulemaking to withdraw state plan status from Arizona, according to its newly released Unified Agenda for regulatory actions that also targets May for a proposal that would grant partial state plan status to Massachusetts and sets updated timelines for a host of previously announced rulemakings.

OSHA is pushing back two major deadlines for public input until early 2022 -- extending both the public comment period for its call for comments to inform a long-awaited heat illness standard, and the nomination deadline for new members to its Federal Advisory Council on Occupational Safety and Health (FACOSH).

OSHA is extending by 45 days the deadline for public comment on its COVID-19 vaccination and testing emergency temporary standard (ETS), as stakeholders await a decision from the U.S. Court of Appeals for the 6th Circuit on whether it will lift an injunction blocking the rule’s implementation.

Washington state is forging ahead with rulemaking based on OSHA’s emergency temporary standard (ETS) for COVID-19 vaccination and testing despite a court order blocking implementation of the federal rule, as officials there say they “are not delaying” work on their vaccine rule while other delegated states are weighing next steps.

OSHA is asking the U.S. Court of Appeals for the 6th Circuit to lift a stay blocking its emergency temporary standard (ETS) for COVID-19 vaccination, teeing up a decision by the appellate court on whether the agency will be able to implement its rule in the coming weeks -- though observers expect the Supreme Court to have the last word.