Potential Employer Requirements in an OSHA Emergency Standard for COVID
UPDATE: President Biden signed an Executive Order on Thursday, Jan. 21, 2021 that requires the following: Within 2 weeks (by Feb.
OSHA Emergency Temporary Standards (ETS) are rare—only 9 have been issued since OSHA’s creation in 1971. But when they happen, they take effect immediately, and employer compliance requirements are non-negotiable.
⚡ TL;DR: OSHA uses emergency standards only when workers face “grave danger” from new or unknown hazards. An ETS takes effect immediately upon Federal Register publication and stays in force until superseded by permanent rulemaking. The last ETS was asbestos in 1983; the most recent proposals addressed COVID-19. If an ETS drops, facilities have days—not months—to implement controls.
President Biden signed an Executive Order on Thursday, Jan. 21, 2021 that requires the following: Within 2 weeks (by Feb. 4, 2021), OSHA is required to: Issue guidance to employers on workplace safety during the COVID pandemic. OSHA and MSHA are required to determine if an emergency temporary standard is necessary. If so, it will be due by Mar. 15, 2021. OSHA is required to review its enforcement efforts and identify any short-term and long-term changes to be made. A National Emphasis Program on COVID-19 in the workplace is required to be developed.
⚠️ Why This Matters for Your Facility: Emergency standards represent OSHA’s most forceful regulatory response. They bypass the normal 3–5 year rulemaking process. If your industry faces a declared “grave danger”—whether infectious disease, chemical emergency, or new hazard—an ETS can be in place within weeks. Facilities not prepared to pivot compliance programs quickly will face immediate citations. Having incident command structures, exposure control plans, and communication protocols in place ahead of time is critical.
What May Employers Be Required to Develop in a Federal Standard? In total, 14 states have adopted comprehensive COVID-19 worker protections through executive order and/or their state OSHA programs. Currently, there are 4 states – California, Virginia, Michigan and Oregon – that have issued a state-specific OSHA emergency standards through their state plans. There are common themes between the policies of these 4 states and they have pulled items from each other. These items would likely become a part of a federal emergency standard: Conducting a Workplace Assessment This would include identifying employee tasks, work environment, presence of the virus, number of employees, facility size, working distances, duration and frequency of exposure, and hazards encountered. Develop an Exposure Control Plan This would include designating an on-site COVID coordinator, providing free face coverings and requiring their use, signage, social distancing, barriers, remote working, prohibiting sick employees access to facility, enhanced cleanings for positive cases, employee screenings, and notification of positive cases. Implement Controls This includes maximizing current ventilation systems, installing barriers, partitions, and airborne infection isolation rooms. Training Employees Training would need to be specific to the place of employment. Included would be reviewing control measures, proper use of PPE, how to report symptoms or positive cases, how to report unsafe working conditions, and an overview of the COVID-19 virus, symptoms, and means of transmission. Maintain Records of Training, Screenings, and Notifications This would include employee training, employee and visitor screenings, notifications as required to individuals and Health Departments. How Often Have Emergency Standards Been Used Before? OSHA has used emergency temporary standards 9 times. The last time they were used was in 1983 for asbestos. OSHA’s first emergency standard was also created for asbestos, and others have been created mostly for chemicals, including 12 different carcinogens, benzene and vinyl chloride. Most standards have been challenged in court, and although there have been a few that have been vacated, most have remained in place. ### iSi will be monitoring developments with federal OSHA and will update this article, or provide additional information in our blog as information continues to develop regarding this issue. Short lead times for OSHA indicate the potential for a short lead time for employers to get program elements in place. Our team of safety and industrial hygiene professionals are here to help with the things you may not have time to develop. Let’s get the conversation started! Let’s Talk Contributing: Curtis Leiker, CSP Certified Safety Professional | ISO 45001 and 14001 Lead AuditorCurtis Leiker, CSP is a project manager at iSi Environmental. Besides assisting companies with ISO 14001 and 45001 implementation, Curtis manages environmental and safety programs, reporting and compliance issues for aviation, general industry and agricultural facilities. He’s able to see the big picture, but focus on the details and enjoys working to solve EHS issues. Email | LinkedIn t Subscribe
Frequently Asked Questions
Q: What is an OSHA Emergency Temporary Standard and how quickly does it take effect?
A: An OSHA Emergency Temporary Standard (ETS) is issued under limited conditions when workers face grave danger from toxic substances or new hazards. An ETS takes effect immediately upon publication in the Federal Register and remains in effect until superseded by a permanent standard, though it can be challenged in the U.S. Court of Appeals.
Q: How many states have adopted COVID-19 emergency standards independently?
A: Four states—California, Virginia, Michigan, and Oregon—have issued state-specific OSHA emergency standards through their state plans. An additional 10 states have adopted comprehensive COVID-19 worker protections through executive order and/or state OSHA programs, demonstrating varied approaches to workplace safety during the pandemic.
Q: What are the typical elements of an OSHA emergency standard for workplace health hazards?
A: Common elements include workplace assessments to identify hazards and transmission risks, exposure control plans with designated coordinators, engineering controls (ventilation improvements, barriers), personal protective equipment requirements, employee training specific to the workplace, and maintenance of records for training, health screenings, and notifications to employees and health departments.
Q: How often has OSHA used emergency temporary standards historically?
A: OSHA has used emergency temporary standards nine times in its history, with the most recent in 1983 for asbestos. Previous standards addressed various carcinogenic chemicals, benzene, vinyl chloride, and other hazardous substances, most of which remained in place after court challenges.
Q: What timeline does an employer have to comply with an emergency standard once it’s published?
A: An ETS takes effect immediately upon publication in the Federal Register. Employers have no grace period; compliance is required from day one. However, initial compliance efforts begun in good faith during the first 2–4 weeks are defensible if an inspection occurs. The key is demonstrating rapid mobilization—having compliance plans drafted, controls initiated, and training scheduled within the first week.
💰 Preparation Cost vs. Emergency Response Cost: Facilities that maintain baseline incident command structures, documented exposure control plan templates, and trained safety coordinators can mobilize an ETS response in 1–2 weeks at a cost of $10,000–$50,000. Facilities caught unprepared scrambling to build plans, hire contractors, and train workers after an ETS drops can spend $500,000+ in emergency consulting, labor disruptions, and potential citations for incomplete implementation.
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