Director, Directorate of Standards and Guidance

1218-AD36 202504 Unified Agenda of Federal Regulatory and Deregulatory Actions 1218 Occupational Safety and Health Administration OSHA 1200 Department of Labor DOL removal of 1910 Subpart U (COVID-19 in Healthcare Settings)

The Occupational Safety and Health Administration (OSHA) promulgated the COVID-19 Emergency Temporary Standard (ETS) in subpart U of 29 CFR 1910 in accordance with President Biden's Executive Order (E.O.) 13999 on Protecting Worker Health and Safety (January 21, 2021). Publication of the ETS also served as a notice of proposed rulemaking, thus initiating the rulemaking process for a permanent rule on COVID-19. OSHA announced on December 27, 2021 that it could not complete a permanent rule in a timeframe approaching the one contemplated by the OSHA Act, so the agency stopped enforcing the provision in subpart U, other than the COVID-19 log requirements in 29 CFR 1920.502(q)(2)(ii) and 29 CFR 1920.502(q)(3)(i)-(iv) and the reporting requirements in 29 CFR 1920.502(4). OSHA subsequently terminated the rulemaking on January 15, 2025. On February 5, 2025, OSHA announced that it would no longer enforce the few reporting and recordkeeping provisions that remained in effect. In the current deregulatory rulemaking, OSHA intends to issue a proposed rule to ultimately remove all of subpart U from 29 CFR 1910.

]]> Economically Significant Previously Published in The Unified Agenda Proposed Rule Stage Yes No Deregulatory 29 CFR 1910.501 29 CFR 1910.502 29 CFR 1910.504 29 CFR 1910.505 29 CFR 1910.509 29 U.S.C. 655, 657, 673 5 U.S.C. 553 No Interim Final Rule 06/21/2021 86 FR 32376 Interim Final Rule Effective 06/21/2021 Interim Final Rule; Correction 07/14/2021 86 FR 37038 Interim Final Rule Comment Period Extended 07/20/2021 86 FR 38232 Interim Final Rule Comment Period Extended End 08/20/2021 Final Rule; Termination of Rulemaking 01/15/2025 90 FR 3665 NPRM 07/01/2025 90 FR 28336 NPRM Comment Period End 09/02/2025 Undetermined Federal Local State Tribal No No No No Andrew Levinson Director, Directorate of Standards and Guidance 1218 Occupational Safety and Health Administration OSHA 202 693-1950 levinson.andrew@dol.gov 200 Constitution Avenue NW, FP Building, Room N-3718, Washington DC 20210