Are We Ever Going To See A COVID-19 ETS And, If So, What Will It Look Like? My Meeting With The White House This Week Didn’t Reveal Much

The one question on everyone’s mind is when, if ever, will employers learn whether OSHA will actually issue the COVID-19 Emergency Temporary Standard (“ETS”) that OSHA delivered to the White House’s Office of Management and Budget’s (“OMB”) Office of Information and Regulatory Affairs (“OIRA”) at some point in late April or early May to the general public. OIRA is required to engage in regulatory oversight under Executive Order 12866 and, as part of that oversight, has been conducting “listening sessions/meetings” with stakeholders. Many of us anticipated that we would have seen these meetings conducted and completed now, given this action’s “emergency” nature. 

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Why was OSHA’s COVID-19 Emergency Temporary Standard Placed in “Limbo” by Secretary of Labor Walsh?

On January 21, 2021, President Biden signed an executive order directing OSHA to consider issuing an Emergency Temporary Standard (“ETS”) related to COVID-19. If the ETS is deemed necessary, the executive order instructed OSHA to issue it by March 15, 2021. Now, nearly three and a half weeks past that date, the ETS has just been placed on “hold” by Secretary of Labor Marty Walsh.

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