NASF Regulatory Alert: OSHA Sends Emergency COVID Workplace Standard Moves to Final Review

OSHA’s much-anticipated COVID-19 Emergency Temporary Standard (ETS) for the nation’s workplaces has been submitted to the White House’s Office of Management and Budget (OMB) for review and approval.

The Department of Labor issued a press statement April 27 confirming that the rule was advancing to the next stage prior to being finalized, noting it had taken extra time to assess how to proceed:

“Today, OSHA sent draft standards to the Office of Management and Budget’s Office of Information and Regulatory Affairs for review. OSHA has been working diligently on its proposal and has taken the appropriate time to work with its science-agency partners, economic agencies, and others in the U.S. government to get this proposed emergency standard right.”

Of particular note in the statement is the Department of Labor’s use of the plural “standards.” An OSHA representative recently noted the possibility that there may be one standard for higher risk industries (e.g., healthcare workplaces) and another standard for all other industries. It appears likely that this is what DOL is referring to there.

The entry for the pending standard on the White House OMB’s website now confirms:

• It has received a proposed COVID-19 rule from OSHA;
• The rule is in the “Final Rule” stage;
• The rule is characterized as “Economically Significant”; and
• Regulatory text is not yet available to be reviewed by the public.

Emergency rule overdue, will be released from White House soon

The ETS was expected to be issued by March 15 in light of President Biden’s Day-1 OSHA Executive Order, but OSHA is now well past that deadline. Congressional leaders have been critical of the delay and have called OSHA to testify on the status of the rulemaking this week.

With the submission of the ETS to OMB, the expected next step will be for the White House Office to provide an opportunity for input from affected stakeholders. NASF is working closely with other organizations and will advocate for a reasonable approach that is not needlessly burdensome, recognizes significant industry progress on minimizing COVID-19 hazards and the success thus far of rapidly expanding vaccinations.

It’s anticipated that the rule will be undergoing review at the White House for at least a couple weeks.

As NASF discusses the rule with industry allies and federal officials, it will keep members updated on new developments. 

If you have questions, please reach NASF by contacting Christian Richter at crichter@thepolicygroup.com or Jeff Hannapel at jhannapel@thepolicygroup.com.

This update is courtesy of the National Association for Surface Finishing (NASF). For more information or to become a member, visit nasf.org.