The Federal OSHA program is not the sole source of COVID-19-related compliance obligations. Many states conduct their own OSHA programs, which are generally free to impose more rigorous standards than the federal program. (Photo: ©momius/Adobe Stock) The Federal OSHA program is not the sole source of COVID-19-related compliance obligations. Many states conduct their own OSHA programs, which are generally free to impose more rigorous standards than the federal program. (Photo: ©momius/Adobe Stock)

On June 10, 2021, the U.S. Occupational Safety and Health Administration (OSHA) published its Emergency Temporary Standard (ETS) regarding COVID-19. For many employers, this long-awaited ETS proved to be a non-event because it applies only to health care delivery.

Although the limited applicability of the ETS was pleasing to many employers, those outside of health care should delay their victory lap. COVID-19 hasn't fully gone away — there is fear about a potential next event and still plenty of compliance obligations. It is not time to retire the COVID-19 response apparatus but rather re-evaluate it in light of the current risk and regulatory landscape.

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