OSHA proposes removing remaining COVID-19 ETS requirements

OSHA released a proposed rule on June 30 to eliminate the final recordkeeping and reporting requirements from its COVID-19 emergency temporary standard that previously required certain healthcare employers to protect workers from virus exposure.

What happened

The Occupational Safety and Health Administration published a proposed rule on June 30, 2025, that would remove the remaining components of its emergency temporary standard for occupational exposure to COVID-19. The emergency temporary standard had previously required certain healthcare employers to implement protective measures for workers in healthcare settings against COVID-19 exposure. The current proposal specifically targets the elimination of recordkeeping and reporting requirements that covered healthcare employers must maintain related to healthcare workers with COVID-19. OSHA terminated efforts to establish a permanent COVID-19 standard for healthcare workers in January 2025. The agency has opened a 60-day comment period following the rule's publication in the Federal Register.

The backstory

OSHA's COVID-19 emergency temporary standard for healthcare settings has been a contentious issue since its implementation. The American Hospital Association consistently opposed the standard, arguing it was unnecessary and would create confusion in healthcare settings. In April 2022, AHA policy staff testified at an OSHA hearing, urging the agency not to finalize the emergency temporary standard. The AHA maintained that existing protections through CDC guidance, CMS vaccination requirements, and general OSHA standards provided sufficient worker protection without adding conflicting regulations.

What was said

Nancy Foster, AHA's vice president for quality and patient safety policy, previously testified that "Hospitals and their staff need clarity from the federal agencies in identifying what actions must be taken to protect against transmission of COVID-19. They also need rapid changes in those instructions as new science emerges. Having competing federal regulations diminishes that clarity, and the slow and deliberate speed at which regulations change makes it impossible to incorporate emerging scientific evidence."

Foster further stated that AHA "strongly believes that an inconsistent OSHA COVID-19 health care standard is counterproductive. It would cause confusion and will ultimately lower hospital employees' morale and worsen unprecedented personnel shortages in hospitals."

In the know

Emergency temporary standards allow OSHA to implement immediate workplace safety requirements without the typical lengthy rulemaking process when workers face grave danger. These standards remain in effect for six months while OSHA develops permanent standards. The COVID-19 emergency temporary standard specifically addressed healthcare settings where workers faced heightened exposure risks during the pandemic. Recordkeeping and reporting requirements under such standards typically mandate employers to track and document worker exposures, illnesses, and safety measures implemented.

Why it matters

This proposed rule represents the final step in dismantling OSHA's COVID-19 emergency temporary standard, marking a shift in federal workplace safety oversight for healthcare settings. The elimination of these remaining requirements reduces regulatory burden on healthcare employers who argued the standards created conflicting guidance alongside existing CDC recommendations and CMS requirements. For healthcare organizations, this change eliminates the administrative burden of maintaining COVID-19 specific recordkeeping and reporting while allowing continued reliance on established CDC guidance and general OSHA standards for worker protection.

The bottom line

Healthcare employers should prepare for the final elimination of COVID-19 emergency temporary standard requirements by reviewing current safety protocols and ensuring compliance with existing general OSHA standards and CDC guidance. Organizations should submit comments during the 60-day period if they have concerns about the proposed changes and continue monitoring for the final rule publication.

FAQs

How will the removal of ETS requirements affect healthcare worker protections?

Worker protections will rely on existing OSHA standards and CDC guidelines rather than specific COVID-19 mandates.

Are healthcare employers still required to report COVID-19 cases under other laws?

Yes, other reporting obligations may still apply, such as CDC, state, or local public health requirements.

What happens to COVID-19 data already collected under the ETS?

The rule does not address existing data, but employers should retain it per standard record retention policies.