Court won’t require OSHA to speed up COVID-19 healthcare rule

The D.C. Court of Appeals on August 26 denied a request from a nurses’ union to have OSHA speed up its COVID-19 healthcare rule. The group had petitioned the court to require adoption within 30 days and enforce its withdrawn Emergency Temporary Standard (ETS) in the meantime. The Court refused both requests.

In June 2021, OSHA promulgated an ETS to mitigate the risk of COVID-19 in healthcare settings. In December 2021, the agency announced its intention to withdraw the ETS while continuing to work on a permanent standard. No clear date has been confirmed for the permanent standard. Agency officials have indicated as early as October and as late as December.