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Sunday, October 18, 2026

Demise of OSHA Covid-19 Rule Doesn't Let Employers Off the Hook - Bloomberg Law

Many large employers breathed a collective sigh of relief after the U.S. Supreme Court ruled against implementation—and the Biden administration then withdrew—the OSHA Covid-19 shot or test emergency temporary standard. But while the court’s dismantling of the ETS was certainly good news for employers in the 29 states and territories covered by federal OSHA, employers are still not out of OSHA’s regulatory reach when it comes to taking steps to protect employees from Covid-19.

OSHA announced that it will continue its Covid-19 enforcement efforts via the Occupational Safety and Health Act’s general duty clause (which applies to all employers), its Covid-19 National Emphasis Program, and other OSHA standards. And OSHA should be expected to keep its promise. To date, the agency has issued over $4 million in penalties for Covid-19 safety violations, based on the general duty clause and respiratory protection, recordkeeping, and other OSHA standards.

It’s possible that OSHA may attempt to implement a more targeted Covid-19 ETS or permanent standard. Regardless, given the agency’s strong views about Covid-19, there should...



Read Full Story: https://news.bloomberglaw.com/employee-benefits/demise-of-osha-covid-19-rule-...