[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28336-28349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11625]
[[Page 28336]]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, 1917, 1918, 1926, and 1928
[Docket No. OSHA-2020-0004]
RIN 1218-AD36
Occupational Exposure to COVID-19 in Healthcare Settings
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule; request for comments.
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SUMMARY: OSHA is proposing to remove OSHA's COVID-19 Emergency
Temporary Standard and its associated recordkeeping and reporting
provisions from the Code of Federal Regulations.
DATES: Comments: Comments in response to OSHA's proposal must be
submitted in Docket No. OSHA-2020-0004 on or before September 2, 2025.
ADDRESSES:
Written comments: You may submit comments and attachments,
identified by Docket No. OSHA-2020-0004, electronically at http://www.regulations.gov, which is the Federal e-Rulemaking Portal. Follow
the instructions online for making electronic submissions.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2020-0004). All
comments, including any personal information that is provided, are
placed in the public docket without change and may be made available
online at http://www.regulations.gov. Therefore, OSHA cautions
commenters about submitting information they do not want made available
to the public, or submitting materials that contain personal
information (either about themselves or others), such as Social
Security Numbers and birthdates.
When uploading multiple attachments to http://www.regulations.gov,
please number all of your attachments because http://www.regulations.gov will not automatically number the attachments. This
numbering will be very useful in identifying all attachments. For
example, Attachment 1--title of your document, Attachment 2--title of
your document, Attachment 3--title of your document. For assistance
with commenting and uploading documents, please see the Frequently
Asked Questions on http://www.regulations.gov.
Docket: To read or download comments or other materials in the
docket, go to Docket No. OSHA-2020-0004 at http://www.regulations.gov.
All comments and submissions are listed in the http://www.regulations.gov index; however, some information (e.g., copyrighted
material) is not publicly available to read or download through that
website. All comments and submissions, including copyrighted material,
are available for inspection through the OSHA Docket Office. Documents
submitted to the docket by OSHA or stakeholders are assigned document
identification numbers (Document ID) for easy identification and
retrieval. The full Document ID is the docket number plus a unique
four-digit code. For example, the Document ID number for OSHA's COVID-
19 Healthcare ETS is OSHA-2020-0004-1033. Some Document ID numbers also
include one or more attachments.
When citing exhibits in the docket, OSHA includes the term
``Document ID'' followed by the last four digits of the Document ID
number. For example, document OSHA-2020-0004-1033 would appear as
``Document ID 1033.'' Citations also include the attachment number or
tab number, if applicable. In a citation that contains two or more
Document ID numbers, the Document ID numbers are separated by semi-
colons (e.g., ``Document ID 1231, Attachment 1; 1383, Attachment 1'').
OSHA may also cite items that appear in another docket. When that is
the case, OSHA includes the full document ID for the corresponding
docket entry. For example, a citation to OSHA's notice seeking public
comments on its proposal to extend the approval of the information
collection requirements in the COVID-19 Emergency Temporary standard,
which is document number 0004 in Docket No. OSHA-2021-0003, would read
``Document ID OSHA-2021-0003-0004.'' This information can be used to
search for a supporting document in the docket at www.regulations.gov.
Contact the OSHA Docket Office at (202) 693-2350 (TTY number: 877-889-
5627) for assistance in locating docket submissions.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Contact Frank Meilinger, Office of
Communications, Occupational Safety and Health Administration, U.S.
Department of Labor; telephone (202) 693-1999; email [email protected].
For general information: Contact Andrew Levinson, Director,
Directorate of Standards and Guidance, Occupational Safety and Health
Administration, U.S. Department of Labor; telephone (202) 693-1950;
email: [email protected].
For copies of this Federal Register document: Electronic copies of
this Federal Register notice are available at http://www.regulations.gov. This notice, as well as news releases and other
relevant information, are also available at OSHA's web page at
www.osha.gov. A 100-word summary of this proposed rule is available on
https://www.regulations.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Pertinent Legal Authority
III. Background
IV. Explanation of Agency Action
A. Explanation of the Proposed Removal of the Recordkeeping and
Reporting Provisions From the Code of Federal Regulations
B. Explanation of the Removal of the Non-Recordkeeping and
Reporting Provisions From the Code of Federal Regulations
V. Preliminary Economic Analysis
A. Introduction
B. Cost Savings
C. Economic Feasibility
D. Benefits
E. Review Under Executive Order 12866
F. Review Under the Regulatory Flexibility Act
VI. Technological Feasibility
VII. Additional Requirements
A. State Plans
B. OMB Review Under Paperwork Reduction Act of 1995
C. Other Statutory and Executive Order Considerations
VIII. Authority and Signature
I. Executive Summary
OSHA is proposing to remove from the Code of Federal Regulations
(CFR), the recordkeeping and reporting provisions in 29 CFR 1910
subpart U that are still in effect (specifically 29 CFR
1910.502(q)(2)(ii), (q)(3)(ii)-(iv), and (r)). OSHA requests comment on
the proposed removal. OSHA estimates annual cost savings of $1,587,494
from the removal of these provisions. OSHA also intends to remove the
rest of 29 CFR 1910 subpart U from the CFR upon finalization of this
rulemaking. This is a deregulatory action per Executive Order 14192,
``Unleashing Prosperity Through Deregulation'' (90 FR 9065, Feb. 6,
2025).
II. Pertinent Legal Authority
The purpose of the Occupational Safety and Health Act (29 U.S.C.
651 et seq.) (``the Act'' or ``the OSH Act'') is ``to assure so far as
possible every working man and woman in the Nation safe and healthful
working conditions and to preserve our human resources'' (29 U.S.C.
651(b)). To achieve this goal
[[Page 28337]]
Congress authorized the Secretary of Labor (``the Secretary'') to
promulgate standards to protect workers, including the authority ``to
set mandatory occupational safety and health standards applicable to
businesses affecting interstate commerce'' (29 U.S.C. 651(b)(3); see
also 29 U.S.C. 654(a)(2) (requiring employers to comply with OSHA
standards), 29 U.S.C. 655(a) (authorizing summary adoption of existing
consensus and established federal standards within two years of the
Act's enactment), 29 U.S.C. 655(b) (authorizing promulgation,
modification or revocation of standards pursuant to notice and
comment), and 29 U.S.C. 655(b)(7) (authorizing OSHA to include among a
standard's requirements labeling, monitoring, medical testing, and
other information-transmittal provisions)). An occupational safety and
health standard is ``. . . a standard which requires conditions, or the
adoption or use of one or more practices, means, methods, operations,
or processes, reasonably necessary or appropriate to provide safe or
healthful employment and places of employment'' (29 U.S.C. 652(8)
(emphasis added)). The Secretary may also issue regulations requiring
employers to keep records regarding their activities related to the
Act, as well as records of work-related deaths, injuries, and illnesses
(29 U.S.C. 657(c)(1)-(2)).
In addition, section 6(c) of the Act gives OSHA the authority to
issue Emergency Temporary Standards where it finds a standard is
necessary to protect workers from a grave danger (29 U.S.C. 665(c)). As
described in more detail in the Background section, below, OSHA issued
the bulk of the Emergency Temporary Standard (``ETS'') for COVID-19
pursuant to this rarely used provision. However, the recordkeeping and
reporting provisions associated with the ETS were issued under OSHA's
authority to prescribe recordkeeping and reporting requirements in
section 8(c)(1)-(3) of the Act (29 U.S.C. 657(c)(1)-(3)). OSHA is
engaging in notice and comment rulemaking to remove the recordkeeping
and reporting provisions pursuant to the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)-(c)). Rulemaking actions that require notice and
comment under the APA include repealing a rule (5 U.S.C. 551(5)).
III. Background
On June 21, 2021, OSHA issued an ETS to protect workers in
healthcare settings from exposure to SARS-CoV-2, the virus that causes
COVID-19 (86 FR 32376, June 21, 2021).\1\ At that time, OSHA found that
COVID-19 presented a grave danger to healthcare and healthcare support
workers and that the ETS was necessary to protect those workers from
that grave danger. The ETS was codified at 29 CFR 1910 subpart U. It
also served as a proposed rule for a rulemaking on occupational
exposure to COVID-19 in healthcare settings, per section 6(c)(3) of the
OSH Act (29 U.S.C. 655(c)(3)), so OSHA accepted comments and held an
informal rulemaking hearing on the proposed rule (see 86 FR 32376; 87
FR 16426, Mar. 23, 2022).
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\1\ OSHA uses the terms SARS-CoV-2 and COVID-19 interchangeably
in this notice.
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In the same June 2021 Federal Register document in which OSHA
issued the ETS, OSHA also promulgated COVID-19 recordkeeping and
reporting provisions pursuant to a different provision of the OSH Act,
section 8(c) (29 U.S.C. 657(c)). For these recordkeeping and reporting
provisions, OSHA invoked an independent exemption from the notice and
comment requirements of the APA (5 U.S.C. 553(b)(B)),\2\ finding good
cause to forgo notice and comment given the grave danger presented by
the pandemic (see 86 FR 32559). These provisions, which require
employers to establish, maintain, and provide copies of a COVID-19 log
and to report COVID-19 fatalities and hospitalizations among their
staff, were codified at 29 CFR 1910.502(q)(2)(ii), (q)(3)(ii)-(iv), and
(r).
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\2\ The APA notice requirement does not apply ``when the agency
for good cause finds (and incorporates the finding and a brief
statement of reasons therefor in the rules issued) that notice and
public procedure thereon are impracticable, unnecessary, or contrary
to the public interest'' (5 U.S.C. 553(b)(B)). Because of ambiguity
in the structure of this APA provision, this ``good cause''
exemption has sometimes been cited as 5 U.S.C. 553(b)(3)(B), as it
was in OSHA's June 2021 Federal Register document.
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On December 27, 2021, OSHA announced on its website that the agency
would be unable to finalize a COVID-19 standard for healthcare ``in a
timeframe approaching the one contemplated by the OSH Act'' (see
Document ID 2491) and stopped enforcing all of 29 CFR 1910 subpart U
except for the recordkeeping and reporting provisions. At that time,
OSHA also announced that the recordkeeping and reporting requirements
in 29 CFR 1910.502 would remain in effect (see Document ID 2491).
Several years later, on January 15, 2025, OSHA terminated the
rulemaking that was initiated by OSHA's issuance of the ETS and the
related recordkeeping and reporting obligations, on the basis that the
COVID-19 public health emergency was over and any ongoing COVID-19
hazards would be better addressed in a rulemaking focusing on the
broader hazard of infectious diseases (see 90 FR 3665, 3666).
Terminating the rulemaking process, however, did not affect the status
of either the recordkeeping and reporting requirements or the other
provisions, all of which remain in the CFR. Subsequently, on February
5, 2025, OSHA issued a memo temporarily staying enforcement of the
recordkeeping and reporting requirements (see Document ID 2888).
Therefore, at this time, OSHA is not enforcing any of the COVID-19-
related requirements that were promulgated in the initial June 2021
notice, although they remain in the text of the CFR at 29 CFR 1910
subpart U.
IV. Explanation of Agency Action
A. Explanation of the Proposed Removal of the Recordkeeping and
Reporting Provisions From the Code of Federal Regulations
OSHA is proposing to remove the COVID-19 recordkeeping and
reporting provisions that are in 29 CFR 1910 subpart U, specifically 29
CFR 1910.502(q)(2)(ii), (q)(3)(ii)-(iv), and (r). OSHA requests comment
on this proposed action.
When these recordkeeping and reporting provisions were promulgated
in June 2021, they were promulgated pursuant to section 8(c) of the OSH
Act (29 U.S.C. 657(c)), which governs records and other information
regarding occupational illnesses and injuries. While OSHA normally
engages in notice and comment rulemaking before promulgating
regulations pursuant to section 8(c), the agency invoked the ``good
cause'' exemption in the APA (see 5 U.S.C. 553(b)(B)), which permitted
OSHA to forgo notice and comment for these provisions given the grave
danger posed by COVID-19 in the settings covered by the regulations
(see 86 FR 32376, 32559).
The COVID-19 recordkeeping and reporting provisions require covered
healthcare employers to: (1) establish and maintain a COVID-19 log to
record all cases of COVID-19 among their employees, regardless of
whether the cases are work-related (29 CFR 1910.502(q)(2)(ii)); (2)
make the COVID-19 log or some version of it available to their
employees, employee representatives, and OSHA (29 CFR
1910.502(q)(3)(ii)-(iv)); and (3) report work-related COVID-19
fatalities and hospitalizations among employees to OSHA, regardless of
how much time passed between the work-related
[[Page 28338]]
exposure to COVID-19 and the employer learning about the fatality or
hospitalization (29 CFR 1910.502(r)). These provisions were important
adjuncts to the COVID-19 ETS and were designed to work hand-in-hand
with the ETS's requirements in order to prevent cases of COVID-19 among
workers in the covered establishments. For example, under the health
screening and management provisions of the ETS, 29 CFR 1910.502(l),
employers had to screen their employees for COVID-19 symptoms as well
as require employees to report COVID-19 symptoms and infections to
their employers; infections would then be recorded on the COVID-19 log,
per 29 CFR 1910.502(q)(2)(ii), to assist employers in quickly
identifying potential exposures and outbreaks among staff. As OSHA
stated in the ETS, ``the requirement to establish and maintain a COVID-
19 log will ultimately assist employers in preventing workplace
transmission [of COVID-19]'' (86 FR 32607).
After OSHA stopped enforcing the bulk of 29 CFR 1910 subpart U at
the end of 2021, however, the recordkeeping and reporting provisions
were no longer part of an integrated regulatory scheme. For instance,
without the requirement for employee screening and notification of
symptoms and infections in 29 CFR 1910.502(l), the recordkeeping and
reporting provisions are of lesser utility, especially now that COVID-
19 vaccines are widely available and the public health emergency has
ended. COVID-19 cases and reporting are now treated by the Centers for
Disease Control and Prevention (CDC) and medical professionals more
like flu and other respiratory illnesses than when the ETS was
promulgated. For example, in September of 2022 the CDC revised its
prior guidance by removing previously recommended work restrictions for
asymptomatic healthcare providers who experience ``higher risk
exposures,'' negating some of the purpose of tracking COVID-19 cases in
healthcare workplaces (see Document ID 2411).
Further, detection of COVID-19 cases and the public health
surveillance mechanisms for COVID-19 have changed dramatically since
the recordkeeping and reporting provisions were promulgated in 2021.
While cases of COVID-19 were initially detected solely through testing
conducted by certified laboratories, which were required to report
positive cases, most COVID-19 testing is now through self-administered
tests at home and there is no requirement to report positive test
results (see Document ID OSHA-2021-0003-0008). Commenting on OSHA's
October 9, 2024, Federal Register notice soliciting comments on the
extension of the information collection requirements in the
recordkeeping and reporting provisions (``ICR extension notice''; 89 FR
81949), the Association for Professionals in Infection Control and
Epidemiology (APIC) stated that, for these reasons, the accuracy of the
data collected by employers under the COVID-19 log provision has
declined. ``[W]ith the ending of the COVID-19 pandemic and the public
health emergency, collection of COVID-19 infection data is not
providing the value it once did. Routine workplace testing is not
required, and employees are not reliably self-reporting COVID-19
infections, which results in incomplete and unreliable data'' (Document
ID OSHA-2021-0003-0008).
Even if the data obtained from employee self-reporting was
sufficient for an employer to determine which of its employees might be
exposed to COVID-19 at work, it is no longer as clear that it is
important to provide this additional recordkeeping tool solely for this
disease. OSHA notes that if 29 CFR 1910.502(q)(2)(ii) and (q)(3)(ii)-
(iv) are removed, some employers that were covered by those
requirements would still have an obligation to record work-related
cases of COVID-19 on their OSHA Forms 300, 300A, and 301, per OSHA's
standard recordkeeping regulations in 29 CFR part 1904 (see 29 CFR 1904
subparts B, C, and E). However, withdrawal of 29 CFR 1910.502(q)(2)(ii)
and (q)(3)(ii)-(iv) would relieve employers of the burden of recording
some cases of COVID-19 (the work-related ones) on two separate sets of
forms (the standard OSHA injury and illness forms as well as the COVID-
19 log). APIC urged OSHA to do just that in treating COVID-19 the same
as other occupationally acquired illnesses, noting that ``other
respiratory illnesses which may yield similar outcomes and issues for
healthcare workers are not singled out for reporting purposes, so OSHA
does not have an accurate assessment of the actual impact of viral
respiratory illnesses on the healthcare workforce'' (Document ID OSHA-
2021-0003-0008).
Similarly, removing the reporting requirements in 29 CFR
1910.502(r) does not eliminate the requirement to report work-related
cases of COVID-19 to OSHA. Under OSHA's standard recordkeeping and
reporting provisions in 29 CFR part 1904, employers are required to
report hospitalizations and deaths that occur as a result of work-
related incidents within 24 hours or 30 days, respectively, of an
employee's exposure in the work environment (see 29 CFR 1904.39(b)(6)).
The reporting requirements associated with the ETS eliminated those
time limits, making deaths and hospitalizations caused by workplace
exposures to COVID-19 reportable regardless of the time that elapsed
between the exposure and the reportable event (see 29 CFR
1910.502(r)(1)-(2)). Returning to the requirements in part 1904,
therefore, would mean that employers would have to report fatalities
and hospitalizations related to workplace exposures to COVID-19 only if
the fatality occurs within 30 days of the exposure or the
hospitalization occurs within 24 hours of the exposure; fatalities or
hospitalizations occurring outside of these time periods would not have
mandatory reporting.
While this reversion is likely to reduce the number of COVID-19
cases reported to OSHA because the incubation time for COVID-19 would
make it uncommon to cause hospitalization within 24 hours of exposure,
the same is true for the vast majority of other respiratory illnesses.
Moreover, this result does not seem inappropriate for COVID-19. OSHA's
reporting provisions are primarily designed to assist the agency in its
enforcement work; they provide OSHA with information to determine
whether it is necessary for the agency to conduct an immediate
investigation at the establishment that makes the report (86 FR 32611).
Given the changed circumstances since the ETS COVID-19 reporting
provisions were promulgated, the requirement to report COVID-19-related
fatalities and hospitalizations has lost importance and no longer
warrants a separate reporting system beyond that required for other
diseases. And, as discussed above with respect to the recordkeeping
provisions, employers' knowledge about COVID-19 cases among their
employees is now much more limited, so reporting of hospitalizations
and fatalities to OSHA would, similarly, be constrained. In addition,
several other factors noted previously--the end of the COVID-19 public
health emergency, the availability of COVID-19 vaccines, the treatment
of COVID-19 more like other respiratory illnesses by medical
professionals, and the elimination by the CDC of many COVID-19-related
recommendations for healthcare facilities--indicate that the need for a
COVID-19-specific reporting provision to trigger immediate OSHA
inspections has declined.
Based on the reasons above, the agency believes it is no longer
appropriate to apply recording and reporting regulations to COVID-19
that
[[Page 28339]]
are more burdensome than those already required for other infectious
illnesses under OSHA's generally applicable reporting and recordkeeping
requirements in 29 CFR part 1904. To the extent additional reporting or
recordkeeping tools are necessary and appropriate, they could be
considered as part of a broader rulemaking that would facilitate
employer adoption of more cohesive and consistent recordkeeping and
reporting policies to address workplace-transmissible diseases. But in
the absence of additional evidence that recording and reporting
continue to provide meaningful assistance to employers to an extent
warranted by the burdens they place on those employers, OSHA proposes
to remove these COVID-19-specific requirements. Therefore, OSHA has
made a preliminary determination that 29 CFR 1910.502(q)(2)(ii),
(q)(3)(ii)-(iv), and (r) should be removed from the CFR. OSHA requests
comment on the proposed action.
B. Explanation of the Removal of the Non-Recordkeeping and Reporting
Provisions From the Code of Federal Regulations
If OSHA finalizes this rulemaking by removing the recordkeeping and
reporting provisions as proposed, OSHA also intends to remove the
remaining provisions of 29 CFR 1910 subpart U (i.e., the ones not
discussed in section IV.A, above) from the CFR. OSHA is not requesting
comment on this aspect of this notice because, as explained below,
removing these provisions is simply an administrative formality, the
purpose of which is to avoid confusion among the regulated community.
As noted above, OSHA issued the COVID-19 ETS in June 2021 pursuant
to section 6(c) of the OSH Act (29 U.S.C. 655(c)), which allows OSHA to
bypass the usual notice and comment rulemaking process. Section 6(c)(3)
of the Act (29 U.S.C. 655(c)(2), (3)), however, provides that an ETS
serves as a proposal for a permanent standard under the OSH Act, and
indicates that a permanent standard should be promulgated within six
months of publication of the ETS. Approximately six months after
issuing the ETS, on December 27, 2021, OSHA announced that it could not
complete a final rule ``in a timeframe approaching the one contemplated
by the OSH Act'' and stopped enforcing the non-recordkeeping portions
of the healthcare ETS (see Document ID 2491). OSHA specified, however,
that ``the COVID-19 log and reporting provisions, 29 CFR
1910.502(q)(2)(ii), (q)(3)(ii)-(iv), and (r), remain in effect'' (Id.).
Subsequently, in January 2025, OSHA terminated the rulemaking process
that was initiated by issuance of the ETS (see 90 FR 3665).
OSHA intends to remove the non-recordkeeping and reporting
provisions of the ETS from the CFR upon finalization of this action,
but removal of those provisions does not require public notice or
comment. OSHA terminated the rulemaking that would have finalized these
provisions and, because requirements issued under the OSH Act's ETS
authority are time-limited (see 29 U.S.C. 655(c)(3)), OSHA can no
longer enforce them. Thus, the removal of that language is a purely
administrative action for which notice and comment is unnecessary (see
5 U.S.C. 553(b)(B)). Accordingly, any comments on removal of the non-
recordkeeping and reporting provisions will be considered outside the
scope of the rulemaking. If, as discussed in section IV.A, above, OSHA
finalizes this action by removing the recordkeeping and reporting
provisions as well, this would result in the removal from the CFR of
all of 29 CFR 1910 subpart U, namely 29 CFR 1910.501[reserved], .502,
.504, .505, and .509.
OSHA also intends to remove outdated references to 29 CFR 1910.501
as part of finalizing this rulemaking. Those references, in 29 CFR
1915.1501, 1917.31, 1918 subpart K, 1926.58, and 1928.21(a)(8) are
outdated because they refer to provisions in the CFR which were removed
when OSHA withdrew its ETS on COVID-19 Vaccination and Testing (see 87
FR 3928, Jan. 26, 2022). Because these references do not point to an
existing regulation, they need to be removed from the CFR. As this is a
purely administrative action for which notice and comment is
unnecessary (see 5 U.S.C. 553(b)(B)), any comments on this issue will
be considered outside the scope of this rulemaking.
V. Preliminary Economic Analysis
A. Introduction
This section presents OSHA's preliminary economic analysis of the
cost savings and foregone benefits anticipated to result from OSHA's
proposal to remove from the CFR the recordkeeping and reporting
provisions in 29 CFR 1910 subpart U (specifically 29 CFR
1910.502(q)(2)(ii), (q)(3)(ii)-(iv), and (r)), as described in section
IV above. OSHA estimates that the proposal to remove these provisions
would result in annual cost savings of $1,587,494 (2024 dollars) and
present value cost savings of $22,678,488 (2024 dollars, at 7 percent
discount rate) to employers. This analysis demonstrates that this
proposed rule is economically feasible, as required by section 6(b)(5)
of the OSH Act (29 U.S.C. 655(b)(5); see Am. Textile Mfrs. Inst., Inc.
v. Donovan, 452 U.S. 490, 513 n. 31 (1981), United Steelworkers of Am.
v. Marshall, 647 F.2d 1189, 1272 (D.C. Cir. 1981)).
B. Cost Savings
I. Introduction
This section presents OSHA's preliminary estimated cost savings
from the proposal to remove the COVID-19 recordkeeping and reporting
provisions in 29 CFR 1910 subpart U. OSHA estimates that the proposal
will result in annual cost savings of $1,587,494 (2024 dollars) and
present value cost savings of $22,678,488 (2024 dollars, at 7 percent
discount rate) to employers (see Document ID 2884 for calculations).\3\
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\3\ Present value of cost savings is calculated using a 7
percent end-of-period discount rate per guidance from the Office of
Management and Budget (Document ID 2886).
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II. Inputs for Cost Savings Analysis
This section presents the inputs used in the cost savings analysis.
a. Affected Entities, Establishments, and Employees
Table V.B.1. reproduces the industry profile of affected entities,
establishments, and employees, by industry and entity size (all sizes,
Small Business Administration (SBA)/Regulatory Flexibility Act (RFA)-
defined small,\4\ and very small (fewer than 20 employees),
respectively) from the preliminary economic analysis for the COVID-19
Healthcare ETS (86 FR 32376, 32483-32558). In that analysis, OSHA
estimated that 562,510 entities, 748,816, establishments, and
10,338,353 employees were affected by the COVID-19 ETS and would be
impacted by this proposed rule.\5\ OSHA notes that it has not attempted
to account for growth in the number of entities and establishments that
would be affected
[[Page 28340]]
by the removal of the COVID-19 recordkeeping and reporting
requirements, so these estimates do not reflect cost savings realized
by new entrants into the market since 2021.
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\4\ There are three types of small entities under the RFA
definitions: (1) small businesses; (2) small non-profit
organizations; and (3) small governmental jurisdictions. The SBA
uses characteristics of businesses classified by NAICS industry as a
basis for determining whether businesses are small. SBA-defined
small entity size criteria vary by industry but are usually based on
either number of employees or revenue. A non-profit organization is
considered small if it is independently owned and operated and not
dominant in its field (which suggests that some nonprofits might not
be small entities, but in this preliminary economic analysis, as
OSHA customarily does, all nonprofits are assumed to be small). A
small governmental jurisdiction is a government of a city, county,
town, township, village, school district, or special district with a
population of less than 50,000.
\5\ Cost savings for the recordkeeping provision exclude
employers with 10 or fewer employees because they were exempt from
this requirement (see 29 CFR 1910.502(q)(2)).
[[Page 28341]]
Table V.B.1--Number of Affected Entities, Establishments, and Employees, by Entity Size
[2021]
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All sizes SBA/RFA-defined small Very small (<20 employees)
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NAICS code NAICS title Setting Affected Affected Covered Affected Affected Covered Affected Affected Covered
entities establishments employees entities establishments employees entities establishments employees
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446110........... Pharmacies and Drug First Aid and Emergency 4,810 12,007 42,090 4,726 5,113 11,265 4,255 4,324 7,084
Stores. Care.
561210........... Facility Support Correctional Facility 536 1,680 15,007 466 642 3,637 283 285 299
Services. Clinics.
561311........... Employment Placement Home Health Care and 1,415 1,588 4,032 1,328 1,374 1,870 1,135 1,141 311
Agencies. Temp Labor.
611110........... Elementary and School/Industry Clinics 14,909 15,596 66,703 6,787 7,351 16,218 5,546 5,551 2,323
Secondary Schools.
611210........... Junior Colleges........ School/Industry Clinics 403 494 2,709 154 204 343 109 109 15
611310........... Colleges, Universities, School/Industry Clinics 1,734 2,238 58,662 546 887 36,181 398 398 174
and Professional
Schools.
611710........... Educational Support School/Industry Clinics 494 541 176 479 498 111 451 453 39
Services.
621111........... Offices of Physicians Other Patient Care..... 161,977 212,620 1,425,789 158,777 170,727 838,683 145,362 146,650 374,414
(except Mental Health
Specialists).
621112........... Offices of Physicians, Other Patient Care..... 10,568 10,817 23,789 10,562 10,811 23,705 10,170 10,218 14,956
Mental Health
Specialists.
621210........... Offices of Dentists.... Other Patient Care..... 125,335 136,468 635,139 124,962 129,598 585,112 119,903 121,553 480,976
621310........... Offices of Other Patient Care..... 38,696 39,340 72,557 38,679 39,292 71,933 38,364 38,610 67,048
Chiropractors.
621320........... Offices of Optometrists Other Patient Care..... 19,627 22,386 35,556 19,524 21,361 32,954 18,608 19,242 25,753
621330........... Offices of Mental Other Patient Care..... 24,251 25,370 9,288 24,240 25,359 9,239 23,029 23,146 4,086
Health Practitioners
(except Physicians).
621340........... Offices of Physical, Other Patient Care..... 26,746 40,431 237,533 26,045 28,976 118,847 23,945 24,491 63,632
Occupational and
Speech Therapists and
Audiologists.
621391........... Offices of Podiatrists. Other Patient Care..... 7,304 8,092 17,344 7,283 7,915 16,716 7,032 7,278 13,186
621399........... Offices of All Other Other Patient Care..... 19,487 22,696 45,487 19,332 20,285 40,349 18,345 18,445 21,867
Miscellaneous Health
Practitioners.
621410........... Family Planning Centers Other Patient Care..... 1,479 2,349 11,461 1,452 2,184 9,579 1,225 1,257 3,095
621420........... Outpatient Mental Other Patient Care..... 6,664 11,967 45,022 6,381 10,511 39,061 4,147 4,207 3,164
Health and Substance
Abuse Centers.
621491........... HMO Medical Centers.... Other Patient Care..... 27 1,723 70,472 19 1,054 22,391 6 6 1
621492........... Kidney Dialysis Centers Other Patient Care..... 432 7,904 63,592 384 929 9,049 254 263 814
621493........... Freestanding Ambulatory First Aid and Emergency 4,401 7,660 86,472 3,934 4,489 41,134 2,652 2,665 10,113
Surgical and Emergency Care.
Centers.
621498........... All Other Outpatient Other Patient Care..... 6,775 14,825 203,061 6,416 12,359 173,068 3,977 4,066 11,216
Care Centers.
621610........... Home Health Care Home Health Care and 23,855 33,581 834,687 23,122 25,758 475,455 14,871 14,904 44,155
Services. Temp Labor.
621910........... Ambulance Services..... First Aid and Emergency 3,230 5,672 145,161 3,102 4,318 94,763 1,661 1,678 10,106
Care.
621991........... Blood and Organ Banks.. Other Patient Care..... 339 1,587 48,473 289 959 31,527 173 178 650
621999........... All Other Miscellaneous First Aid and Emergency 3,587 4,387 41,463 3,287 3,486 17,993 2,918 2,945 6,419
Ambulatory Health Care Care.
Services.
622110........... General Medical and General Hospitals...... 2,867 5,281 3,519,001 2,164 3,933 2,739,276 64 68 113
Surgical Hospitals.
622210........... Psychiatric and Other Hospitals........ 1,275 1,443 89,079 192 242 25,481 41 41 76
Substance Abuse
Hospitals.
622310........... Specialty (except Other Hospitals........ 424 920 157,898 182 324 75,728 23 23 36
Psychiatric and
Substance Abuse)
Hospitals.
623110........... Nursing Care Facilities Nursing Homes.......... 9,333 17,137 1,115,312 8,623 10,370 619,981 2,200 2,231 6,478
(Skilled Nursing
Facilities).
623210........... Residential Long Term Care 7,597 35,213 411,523 6,729 27,482 313,858 3,664 3,729 14,333
Intellectual and (excluding nursing
Developmental homes).
Disability Facilities.
623220........... Residential Mental Long Term Care 4,305 8,081 59,442 4,064 7,165 48,412 2,044 2,076 3,341
Health and Substance (excluding nursing
Abuse Facilities. homes).
623311........... Continuing Care Nursing Homes.......... 3,899 5,570 273,792 3,661 4,383 221,064 1,369 1,374 5,117
Retirement Communities.
[[Page 28342]]
623312........... Assisted Living Nursing Homes.......... 14,597 20,052 275,201 14,000 15,760 154,667 10,598 10,667 32,995
Facilities for the
Elderly.
623990........... Other Residential Care Long Term Care 3,401 5,362 29,369 3,145 4,849 25,952 1,945 1,963 2,687
Facilities. (excluding nursing
homes).
711211........... Sports Teams and Clubs. School/Industry Clinics 79 85 95 66 68 13 50 50 3
922160........... Public Firefighter-EMTs First Aid and Emergency 5,648 5,648 165,915 5,005 5,005 91,820 917 917 7,046
Care.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total.......................................................... 562,510 748,816 10,338,353 540,108 616,019 7,037,434 471,735 477,203 1,238,122
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Preliminary economic analysis for the COVID-19 Healthcare ETS (86 FR 32376, 32483-32558).
Notes: NAICS 922160 includes government and volunteer firefighters, including those cross-trained as EMTs. OSHA obtains estimates of the number of public firefighter-EMT entities and employees
from the U.S. Fire Administration (USFA) National Fire Department Registry, rather than a NAICS-based data source.
Due to rounding, figures in the columns may not sum to the totals shown.
[[Page 28343]]
b. Compliance Rates
Table V.B.2. presents the rates of baseline compliance with the
COVID-19 recordkeeping and reporting provisions estimated in the
preliminary economic analysis of the COVID-19 Healthcare ETS (hereafter
``pre-ETS rates of compliance''). Depending on the provision, estimated
pre-ETS rates of compliance (i.e., share of establishments in
compliance) vary by entity size. For reporting of hospitalizations and
recordkeeping, estimated pre-ETS rates of compliance were zero for all
affected establishments regardless of entity size.\6\ For reporting of
fatalities, estimated pre-ETS rates of compliance were 50 percent for
establishments of very small entities and 75 percent for all others.
OSHA's estimated cost savings from this proposal would result from the
reduction in the share of establishments that are performing the
relevant recordkeeping and reporting activities, from 100 percent of
employers to pre-ETS rates of these activities.
---------------------------------------------------------------------------
\6\ The recordkeeping provision at 1910.502(q)(2)(ii) requires
employers to ``establish'' (i.e., create) as well as ``maintain'' a
COVID-19 log. OSHA's estimated annual total cost savings do not
include savings for establishing a COVID-19 log because those costs
have already been incurred (see Document ID 2886) for more detail on
sunk costs). To the extent that employers newly entering the market
would also incur the cost of establishing the COVID-19 log in
absence of the proposed removal, OSHA's estimated annual total cost
savings would be an underestimate. Assuming that establishing the
COVID-19 log incurs 0.5 hours of one-time labor from a General and
Operations Manager (SOC 11-1020) per establishment whose entity has
more than 10 employees (as assumed in the preliminary economic
analysis for the COVID-19 Healthcare ETS (86 FR 32376, 32483-
32558)), an average newly entering employer (with more than 10
employees) would save $54.75 per establishment (2024 dollars) due to
no longer being required to establish a COVID-19 log.
Table V.B.2--Pre-ETS Rates of Compliance by Provision
----------------------------------------------------------------------------------------------------------------
SBA/RFA-defined
Provision Very small (<20 small and not very Large (%)
employees) (%) small (%)
----------------------------------------------------------------------------------------------------------------
Recordkeeping.......................................... 0 0 0
Reporting COVID-19 fatalities to OSHA.................. 50 75 75
Reporting COVID-19 hospitalizations to OSHA............ 0 0 0
----------------------------------------------------------------------------------------------------------------
Source: Preliminary economic analysis for the COVID-19 Healthcare ETS (86 FR 32376, 32483-32558).
c. COVID-19 Cases
Per the preliminary economic analysis of the COVID-19 Healthcare
ETS (86 FR 32376, 32483-32558), OSHA assumes that the following COVID-
19 positive cases would no longer need to be recorded in the COVID-19
log and that the related hospitalizations and fatalities would no
longer need to be reported to OSHA (see Document ID 1031, Attachment 4,
``Recordkeeping(Cur)'' and ``Reporting(Cur)'' tabs):
COVID-19 positive cases: 0.95 percent of employees per
establishment 7 8
---------------------------------------------------------------------------
\7\ For both the COVID-19 positive case rate and the fatality
rate, the estimates from the COVID-19 Healthcare ETS were for a 6-
month period, because that rule was only expected to be in effect
for approximately 6 months. In its calculations for this proposal,
OSHA doubled the COVID-19 rates presented in the ETS in order to
represent a full year of cost savings from removal of these
provisions and provide consistency with how OSHA normally presents
its regulatory cost figures.
\8\ OSHA used the COVID-19 positive case and fatality numbers
from the COVID-19 Healthcare ETS because the CDC database upon which
it relied for those numbers in 2021 is not currently providing
equivalent data due to a number of factors, one of which is that
most COVID-19 tests are performed at home and do not get reported.
---------------------------------------------------------------------------
COVID-19 fatalities: 0.001 percent of employees per
establishment
COVID-19 hospitalizations: 8.4 hospitalizations per fatality
d. Unit Labor Burden
Table V.B.3. presents the unit labor burden estimates for General
and Operations Managers (SOC 11-1020) and Information and Records
Clerks (SOC 43-4000) (e.g., per COVID-19 case per establishment) for
complying with the COVID-19 recordkeeping and reporting provisions.
OSHA assumes that the unit labor burden and job categories have not
changed from the preliminary economic analysis of the COVID-19
Healthcare ETS (86 FR 32376, 32483-32558).
Table V.B.3--Unit Labor Burden
------------------------------------------------------------------------
Labor
Provision Occupation Unit burden
------------------------------------------------------------------------
Recordkeeping................ Information and Hours per COVID- 0.17
Records Clerk. 19 positive
case per
establishment.
Reporting COVID-19 fatalities General and Hours per COVID- 0.75
and hospitalizations to OSHA. Operations 19 fatality or
Manager. hospitalizatio
n per
establishment.
------------------------------------------------------------------------
Source: Preliminary economic analysis for the COVID-19 Healthcare ETS
(86 FR 32376, 32483-32558).
e. Wage Rates
To estimate monetized cost savings from the proposal, OSHA took the
loaded hourly wage rates (i.e., base wages plus fringe benefits plus
overhead) for General and Operations Manager (SOC 11-1020) and
Information and Records Clerk (SOC 43-4000) from the preliminary
economic analysis for the COVID-19 Healthcare ETS (86 FR 32376, 32483-
32558) and the accompanying spreadsheet (Document ID 1031, Attachment
4, ``Labor Rates'' tab) and adjusted these figures from 2018 dollars to
2024 dollars using the Bureau of Economic Analysis's GDP deflator
(Document ID 2885). Table V.B.4. presents the loaded hourly wage rates
(2024 dollars) for General and Operations Managers (SOC 11-1020) and
Information and Records Clerks (SOC 43-4000) by industry.
[[Page 28344]]
Table V.B.4--Loaded Wage Rates
[2024$]
----------------------------------------------------------------------------------------------------------------
Loaded hourly wage (2024$)
---------------------------------------------
NAICS code NAICS title Setting General and Information and
operations manager records clerk (SOC
(SOC Code 11-1020) Code 43-4000)
----------------------------------------------------------------------------------------------------------------
446110.......... Pharmacies and Drug First Aid and Emergency $78.75 $38.73
Stores. Care.
561210.......... Facility Support Correctional Facility 111.49 43.47
Services. Clinics.
561311.......... Employment Placement Home Health Care and 111.49 43.47
Agencies. Temp Labor.
611110.......... Elementary and School/Industry Clinics 114.78 45.98
Secondary Schools.
611210.......... Junior Colleges........ School/Industry Clinics 114.78 45.98
611310.......... Colleges, Universities, School/Industry Clinics 114.78 45.98
and Professional
Schools.
611710.......... Educational Support School/Industry Clinics 114.78 45.98
Services.
621111.......... Offices of Physicians Other Patient Care..... 114.03 43.50
(except Mental Health
Specialists).
621112.......... Offices of Physicians, Other Patient Care..... 114.03 43.50
Mental Health
Specialists.
621210.......... Offices of Dentists.... Other Patient Care..... 114.03 43.50
621310.......... Offices of Other Patient Care..... 114.03 43.50
Chiropractors.
621320.......... Offices of Optometrists Other Patient Care..... 114.03 43.50
621330.......... Offices of Mental Other Patient Care..... 114.03 43.50
Health Practitioners
(except Physicians).
621340.......... Offices of Physical, Other Patient Care..... 114.03 43.50
Occupational and
Speech Therapists and
Audiologists.
621391.......... Offices of Podiatrists. Other Patient Care..... 114.03 43.50
621399.......... Offices of All Other Other Patient Care..... 114.03 43.50
Miscellaneous Health
Practitioners.
621410.......... Family Planning Centers Other Patient Care..... 114.03 43.50
621420.......... Outpatient Mental Other Patient Care..... 114.03 43.50
Health and Substance
Abuse Centers.
621491.......... HMO Medical Centers.... Other Patient Care..... 114.03 43.50
621492.......... Kidney Dialysis Centers Other Patient Care..... 114.03 43.50
621493.......... Freestanding Ambulatory First Aid and Emergency 114.03 43.50
Surgical and Emergency Care.
Centers.
621498.......... All Other Outpatient Other Patient Care..... 114.03 43.50
Care Centers.
621610.......... Home Health Care Home Health Care and 114.03 43.50
Services. Temp Labor.
621910.......... Ambulance Services..... First Aid and Emergency 114.03 43.50
Care.
621991.......... Blood and Organ Banks.. Other Patient Care..... 114.03 43.50
621999.......... All Other Miscellaneous First Aid and Emergency 114.03 43.50
Ambulatory Health Care Care.
Services.
622110.......... General Medical and General Hospitals...... 153.26 51.42
Surgical Hospitals.
622210.......... Psychiatric and Other Hospitals........ 153.26 51.42
Substance Abuse
Hospitals.
622310.......... Specialty (except Other Hospitals........ 153.26 51.42
Psychiatric and
Substance Abuse)
Hospitals.
623110.......... Nursing Care Facilities Nursing Homes.......... 93.23 37.23
(Skilled Nursing
Facilities).
623210.......... Residential Long Term Care 93.23 37.23
Intellectual and (excluding nursing
Developmental homes).
Disability Facilities.
623220.......... Residential Mental Long Term Care 93.23 37.23
Health and Substance (excluding nursing
Abuse Facilities. homes).
623311.......... Continuing Care Nursing Homes.......... 93.23 37.23
Retirement Communities.
623312.......... Assisted Living Nursing Homes.......... 93.23 37.23
Facilities for the
Elderly.
623990.......... Other Residential Care Long Term Care 93.23 37.23
Facilities. (excluding nursing
homes).
711211.......... Sports Teams and Clubs. School/Industry Clinics 106.73 46.23
922160.......... Public Firefighter-EMTs First Aid and Emergency 114.03 43.50
Care.
----------------------------------------------------------------------------------------------------------------
Sources: Preliminary economic analysis for the COVID-19 Healthcare ETS (86 FR 32376, 32483-32558); Document ID
1031, Attachment 4, ``Labor Rates'' tab; Document ID 2885.
Note: For NAICS 922160--Public Firefighter-EMT wages, OSHA assigns the same values estimated for Ambulance
Services, as these values are judged to be more representative of wages for this specific service versus wages
based on NAICS 922160 data.
III. Total Cost Savings
This section presents a preliminary estimate of annual total cost
savings that would result from the proposal. Total cost savings are a
product of the number of covered employees in the affected
establishments (presented above in Affected Entities, Establishments,
and Employees, Section V.B.II.a); the associated unit labor burden
(presented above in Unit Labor Burden, Section V.B.II.d); the rates of
COVID-19 cases (presented above in COVID-19 Cases, Section V.B.II.c);
and the reduction in employers' compliance, from 100% current
compliance to pre-ETS rates of compliance (presented above in
Compliance Rates, Section V.B.II.b). Total cost savings in hours are
monetized by the associated wage rates (presented above in Wage Rates,
Section V.B.II.e).
Tables V.B.5., V.B.6., and V.B.7. present OSHA's preliminary
estimates of the annual total cost savings of the proposal (by
industry, provision, and overall). OSHA estimates that the proposal
will result in annual total cost savings of $1,587,494 (2024 dollars).
OSHA requests comments on all aspects of this preliminary economic
analysis, including whether OSHA should update the aspects of its
analysis that were taken from the economic analysis for the COVID-19
Healthcare ETS to reflect more recent data (e.g., establishment
numbers, COVID-19 case rate, COVID-19 fatality rate). OSHA also
welcomes comment on data sources and methodologies that would be useful
for allowing the most clear and direct comparison between the cost
estimates in the COVID-19 Healthcare ETS and an analysis of cost
savings for removing the recordkeeping and reporting requirements.
[[Page 28345]]
Table V.B.5--Annual Total Cost Savings--Recordkeeping
[2024$]
----------------------------------------------------------------------------------------------------------------
Entity size
--------------------------------------------------------
NAICS code NAICS title Setting SBA/RFA- defined Very small (<20
All entities small employees)
----------------------------------------------------------------------------------------------------------------
446110......... Pharmacies and First Aid and $5,831.35 $2,042.83 $1,529.01
Drug Stores. Emergency Care.
561210......... Facility Support Correctional 2,116.02 547.49 87.08
Services. Facility Clinics.
561311......... Employment Home Health Care 703.16 404.86 189.83
Placement and Temp Labor.
Agencies.
611110......... Elementary and School/Industry 12,784.06 5,417.80 3,390.49
Secondary Schools. Clinics.
611210......... Junior Colleges... School/Industry 438.36 93.18 45.26
Clinics.
611310......... Colleges, School/Industry 8,666.30 5,386.14 132.38
Universities, and Clinics.
Professional
Schools.
611710......... Educational School/Industry 83.92 74.36 63.94
Support Services. Clinics.
621111......... Offices of Other Patient Care 176,134.14 95,094.57 31,010.67
Physicians
(except Mental
Health
Specialists).
621112......... Offices of Other Patient Care 1,849.41 1,837.70 630.06
Physicians,
Mental Health
Specialists.
621210......... Offices of Other Patient Care 57,589.43 50,684.07 36,309.97
Dentists.
621310......... Offices of Other Patient Care 3,598.80 3,512.68 2,838.45
Chiropractors.
621320......... Offices of Other Patient Care 6,026.62 5,667.42 4,673.49
Optometrists.
621330......... Offices of Mental Other Patient Care 2,348.12 2,341.30 1,630.03
Health
Practitioners
(except
Physicians).
621340......... Offices of Other Patient Care 29,491.33 13,108.91 5,487.40
Physical,
Occupational and
Speech Therapists
and Audiologists.
621391......... Offices of Other Patient Care 1,618.52 1,531.88 1,044.63
Podiatrists.
621399......... Offices of All Other Patient Care 4,688.86 3,979.67 1,428.49
Other
Miscellaneous
Health
Practitioners.
621410......... Family Planning Other Patient Care 1,494.09 1,234.21 339.31
Centers.
621420......... Outpatient Mental Other Patient Care 6,977.24 6,154.51 1,199.46
Health and
Substance Abuse
Centers.
621491......... HMO Medical Other Patient Care 9,727.35 3,090.71 0.20
Centers.
621492......... Kidney Dialysis Other Patient Care 8,774.66 1,245.96 109.24
Centers.
621493......... Freestanding First Aid and 11,950.28 5,692.18 1,410.40
Ambulatory Emergency Care.
Surgical and
Emergency Centers.
621498......... All Other Other Patient Care 27,887.79 23,747.76 1,407.07
Outpatient Care
Centers.
621610......... Home Health Care Home Health Care 113,833.19 64,247.66 4,714.47
Services. and Temp Labor.
621910......... Ambulance Services First Aid and 19,708.10 12,751.46 1,066.14
Emergency Care.
621991......... Blood and Organ Other Patient Care 6,673.96 4,334.94 72.93
Banks.
621999......... All Other First Aid and 5,392.99 2,153.40 555.83
Miscellaneous Emergency Care.
Ambulatory Health
Care Services.
622110......... General Medical General Hospitals. 574,111.87 446,899.59 4.46
and Surgical
Hospitals.
622210......... Psychiatric and Other Hospitals... 14,539.50 4,163.41 18.51
Substance Abuse
Hospitals.
622310......... Specialty (except Other Hospitals... 25,761.35 12,355.33 6.07
Psychiatric and
Substance Abuse)
Hospitals.
623110......... Nursing Care Nursing Homes..... 131,570.14 73,050.30 569.24
Facilities
(Skilled Nursing
Facilities).
623210......... Residential Long Term Care 48,153.63 36,615.16 1,228.37
Intellectual and (excluding
Developmental nursing homes).
Disability
Facilities.
623220......... Residential Mental Long Term Care 7,378.33 6,075.25 750.33
Health and (excluding
Substance Abuse nursing homes).
Facilities.
623311......... Continuing Care Nursing Homes..... 32,270.21 26,040.76 528.08
Retirement
Communities.
623312......... Assisted Living Nursing Homes..... 31,427.05 17,186.77 2,812.05
Facilities for
the Elderly.
623990......... Other Residential Long Term Care 3,841.66 3,437.99 689.45
Care Facilities. (excluding
nursing homes).
711211......... Sports Teams and School/Industry 26.22 14.07 12.65
Clubs. Clinics.
922160......... Public Firefighter- First Aid and 22,657.93 12,430.51 728.94
EMTs. Emergency Care.
--------------------------------------------------------
Total...... .................. .................. 1,418,125.91 954,646.80 108,714.36
----------------------------------------------------------------------------------------------------------------
Sources: Preliminary economic analysis for the COVID-19 Healthcare ETS (86 FR 32376, 32483-32558); Document ID
1031, Attachment 4, ``Labor Rates'', ``All Costs(Current)'', ``Recordkeeping(Cur)'', and ``SAS Output_10FEB''
tabs; Document ID 2885.
Note: Due to rounding, figures in the columns may not sum to the totals shown.
Table V.B.6--Annual Total Cost Savings--Reporting
[2024$]
----------------------------------------------------------------------------------------------------------------
Entity size
--------------------------------------------------------
NAICS code NAICS title Setting SBA/RFA- defined Very small (<20
All entities small employees)
----------------------------------------------------------------------------------------------------------------
446110......... Pharmacies and First Aid and $439.27 $119.13 $75.71
Drug Stores. Emergency Care.
561210......... Facility Support Correctional 220.79 53.60 4.53
Services. Facility Clinics.
561311......... Employment Home Health Care 59.43 27.63 4.71
Placement and Temp Labor.
Agencies.
611110......... Elementary and School/Industry 1,010.78 246.52 36.19
Secondary Schools. Clinics.
611210......... Junior Colleges... School/Industry 41.01 5.20 0.23
Clinics.
611310......... Colleges, School/Industry 888.12 547.79 2.71
Universities, and Clinics.
Professional
Schools.
611710......... Educational School/Industry 2.69 1.70 0.61
Support Services. Clinics.
621111......... Offices of Other Patient Care 21,605.22 12,775.71 5,793.57
Physicians
(except Mental
Health
Specialists).
[[Page 28346]]
621112......... Offices of Other Patient Care 364.27 362.99 231.42
Physicians,
Mental Health
Specialists.
621210......... Offices of Other Patient Care 9,760.93 9,008.57 7,442.46
Dentists.
621310......... Offices of Other Patient Care 1,120.32 1,110.94 1,037.48
Chiropractors.
621320......... Offices of Other Patient Care 545.93 506.79 398.50
Optometrists.
621330......... Offices of Mental Other Patient Care 141.46 140.72 63.22
Health
Practitioners
(except
Physicians).
621340......... Offices of Other Patient Care 3,599.92 1,815.01 984.62
Physical,
Occupational and
Speech Therapists
and Audiologists.
621391......... Offices of Other Patient Care 266.57 257.13 204.04
Podiatrists.
621399......... Offices of All Other Patient Care 693.59 616.32 338.36
Other
Miscellaneous
Health
Practitioners.
621410......... Family Planning Other Patient Care 173.71 145.40 47.90
Centers.
621420......... Outpatient Mental Other Patient Care 678.46 588.82 48.95
Health and
Substance Abuse
Centers.
621491......... HMO Medical Other Patient Care 1,059.83 336.74 0.02
Centers.
621492......... Kidney Dialysis Other Patient Care 956.71 136.44 12.59
Centers.
621493......... Freestanding First Aid and 1,304.84 623.01 156.49
Ambulatory Emergency Care.
Surgical and
Emergency Centers.
621498......... All Other Other Patient Care 3,058.71 2,607.64 173.56
Outpatient Care
Centers.
621610......... Home Health Care Home Health Care 12,572.07 7,169.57 683.25
Services. and Temp Labor.
621910......... Ambulance Services First Aid and 2,187.48 1,429.53 156.38
Emergency Care.
621991......... Blood and Organ Other Patient Care 729.27 474.42 10.06
Banks.
621999......... All Other First Aid and 626.35 273.39 99.33
Miscellaneous Emergency Care.
Ambulatory Health
Care Services.
622110......... General Medical General Hospitals. 71,129.97 55,369.32 2.34
and Surgical
Hospitals.
622210......... Psychiatric and Other Hospitals... 1,800.61 515.09 1.57
Substance Abuse
Hospitals.
622310......... Specialty (except Other Hospitals... 3,191.63 1,530.72 0.74
Psychiatric and
Substance Abuse)
Hospitals.
623110......... Nursing Care Nursing Homes..... 13,715.79 7,625.37 81.95
Facilities
(Skilled Nursing
Facilities).
623210......... Residential Long Term Care 5,065.04 3,864.18 181.32
Intellectual and (excluding
Developmental nursing homes).
Disability
Facilities.
623220......... Residential Mental Long Term Care 732.07 596.45 42.26
Health and (excluding
Substance Abuse nursing homes).
Facilities.
623311......... Continuing Care Nursing Homes..... 3,368.27 2,719.95 64.73
Retirement
Communities.
623312......... Assisted Living Nursing Homes..... 3,395.51 1,913.46 417.42
Facilities for
the Elderly.
623990......... Other Residential Long Term Care 362.06 320.05 34.00
Care Facilities. (excluding
nursing homes).
711211......... Sports Teams and School/Industry 1.34 0.18 0.04
Clubs. Clinics.
922160......... Public Firefighter- First Aid and 2,498.26 1,383.95 109.03
EMTs. Emergency Care.
--------------------------------------------------------
Total...... .................. .................. 169,368.26 117,219.42 18,942.28
----------------------------------------------------------------------------------------------------------------
Sources: Preliminary economic analysis for the COVID-19 Healthcare ETS (86 FR 32376, 32483-32558); Document ID
1031, Attachment 4, ``Labor Rates'', ``All Costs(Current)'', and ``Reporting(Cur)'' tabs; Document ID 2885.
Note: Due to rounding, figures in the columns may not sum to the totals shown.
Table V.B.7--Annual Total Cost Savings--All Provisions
[2024$]
----------------------------------------------------------------------------------------------------------------
Entity size
--------------------------------------------------------
NAICS code NAICS title Setting SBA/RFA- defined Very small (<20
All entities small employees)
----------------------------------------------------------------------------------------------------------------
446110......... Pharmacies and First Aid and $6,270.63 $2,161.96 $1,604.71
Drug Stores. Emergency Care.
561210......... Facility Support Correctional 2,336.81 601.09 91.60
Services. Facility Clinics.
561311......... Employment Home Health Care 762.58 432.49 194.55
Placement and Temp Labor.
Agencies.
611110......... Elementary and School/Industry 13,794.84 5,664.32 3,426.68
Secondary Schools. Clinics.
611210......... Junior Colleges... School/Industry 479.37 98.38 45.49
Clinics.
611310......... Colleges, School/Industry 9,554.41 5,933.93 135.09
Universities, and Clinics.
Professional
Schools.
611710......... Educational School/Industry 86.61 76.06 64.55
Support Services. Clinics.
621111......... Offices of Other Patient Care 197,739.35 107,870.28 36,804.23
Physicians
(except Mental
Health
Specialists).
621112......... Offices of Other Patient Care 2,213.68 2,200.70 861.48
Physicians,
Mental Health
Specialists.
621210......... Offices of Other Patient Care 67,350.35 59,692.64 43,752.43
Dentists.
621310......... Offices of Other Patient Care 4,719.12 4,623.62 3,875.93
Chiropractors.
621320......... Offices of Other Patient Care 6,572.55 6,174.21 5,071.99
Optometrists.
621330......... Offices of Mental Other Patient Care 2,489.58 2,482.02 1,693.26
Health
Practitioners
(except
Physicians).
621340......... Offices of Other Patient Care 33,091.25 14,923.92 6,472.01
Physical,
Occupational and
Speech Therapists
and Audiologists.
621391......... Offices of Other Patient Care 1,885.09 1,789.01 1,248.67
Podiatrists.
[[Page 28347]]
621399......... Offices of All Other Patient Care 5,382.44 4,595.99 1,766.85
Other
Miscellaneous
Health
Practitioners.
621410......... Family Planning Other Patient Care 1,667.80 1,379.61 387.21
Centers.
621420......... Outpatient Mental Other Patient Care 7,655.70 6,743.34 1,248.41
Health and
Substance Abuse
Centers.
621491......... HMO Medical Other Patient Care 10,787.18 3,427.45 0.23
Centers.
621492......... Kidney Dialysis Other Patient Care 9,731.38 1,382.40 121.83
Centers.
621493......... Freestanding First Aid and 13,255.12 6,315.18 1,566.89
Ambulatory Emergency Care.
Surgical and
Emergency Centers.
621498......... All Other Other Patient Care 30,946.50 26,355.40 1,580.62
Outpatient Care
Centers.
621610......... Home Health Care Home Health Care 126,405.25 71,417.23 5,397.72
Services. and Temp Labor.
621910......... Ambulance Services First Aid and 21,895.57 14,180.99 1,222.52
Emergency Care.
621991......... Blood and Organ Other Patient Care 7,403.22 4,809.37 82.99
Banks.
621999......... All Other First Aid and 6,019.34 2,426.78 655.15
Miscellaneous Emergency Care.
Ambulatory Health
Care Services.
622110......... General Medical General Hospitals. 645,241.85 502,268.91 6.80
and Surgical
Hospitals.
622210......... Psychiatric and Other Hospitals... 16,340.12 4,678.50 20.08
Substance Abuse
Hospitals.
622310......... Specialty (except Other Hospitals... 28,952.97 13,886.05 6.81
Psychiatric and
Substance Abuse)
Hospitals.
623110......... Nursing Care Nursing Homes..... 145,285.93 80,675.67 651.19
Facilities
(Skilled Nursing
Facilities).
623210......... Residential Long Term Care 53,218.67 40,479.34 1,409.69
Intellectual and (excluding
Developmental nursing homes).
Disability
Facilities.
623220......... Residential Mental Long Term Care 8,110.39 6,671.70 792.59
Health and (excluding
Substance Abuse nursing homes).
Facilities.
623311......... Continuing Care Nursing Homes..... 35,638.48 28,760.70 592.82
Retirement
Communities.
623312......... Assisted Living Nursing Homes..... 34,822.55 19,100.23 3,229.47
Facilities for
the Elderly.
623990......... Other Residential Long Term Care 4,203.72 3,758.04 723.45
Care Facilities. (excluding
nursing homes).
711211......... Sports Teams and School/Industry 27.57 14.25 12.69
Clubs. Clinics.
922160......... Public Firefighter- First Aid and 25,156.19 13,814.46 837.97
EMTs. Emergency Care.
--------------------------------------------------------
Total...... .................. .................. 1,587,494.18 1,071,866.22 127,656.65
----------------------------------------------------------------------------------------------------------------
Sources: Preliminary economic analysis for the COVID-19 Healthcare ETS (86 FR 32376, 32483-32558); Document ID
1031, Attachment 4, ``Labor Rates'', ``All Costs(Current)'', ``Recordkeeping(Cur), ``Reporting(Cur)'', and
``SAS Output_10FEB'' tabs; Document ID 2885.
Note: Due to rounding, figures in the columns may not sum to the totals shown.
C. Economic Feasibility
This section presents OSHA's preliminary findings on the economic
feasibility of the proposal for affected industries. Because the
proposal would remove existing recordkeeping and reporting requirements
in 29 CFR 1910 subpart U, this proposed rule would not impose new costs
on employers. Instead, as discussed above in Cost Savings (Section V.B.
of this preamble) OSHA estimates the proposal would result in annual
total cost savings of $1,587,494 (2024 dollars), spread out among
affected employers, and would impose no additional costs on employers.
Because this proposal would result in cost savings, OSHA preliminarily
finds that the proposal would be economically feasible for all affected
industries.
D. Benefits
This section discusses potential foregone benefits that would stem
from OSHA's proposal to remove the recordkeeping and reporting
provisions in 29 CFR 1910 subpart U.\9\
---------------------------------------------------------------------------
\9\ In a typical regulatory impact analysis, strictly speaking,
reduced costs to employers would be presented as a benefit of a rule
while any potential negative impacts from removing requirements that
resulted in those lower costs would be a cost of a rule. For the
sake of maintaining comparability with the preliminary economic
analysis that accompanied the ETS, OSHA is presenting cost savings
in the cost section and potential foregone benefits in this benefits
section.
---------------------------------------------------------------------------
As discussed in Explanation of Agency Action (Section IV. of this
preamble), the recordkeeping and reporting provisions in 29 CFR 1910
subpart U were intended to supplement the non-recordkeeping and
reporting provisions in the COVID-19 Healthcare ETS and assist
employers in effectively preventing workplace transmission of COVID-19
among employees in covered settings. In the COVID-19 Healthcare ETS,
OSHA's benefits calculations were therefore performed on a per-case-
prevented basis for the standard as a whole, with no attempt to
quantify the specific benefits attributable to any particular provision
of the standard. As a result, OSHA is unable to quantify any benefit
reduction, consistent with the 2021 analysis, from the removal of just
the recordkeeping and reporting provisions of subpart U. OSHA welcomes
comment on this determination.
E. Review Under Executive Order 12866
Executive Order (E.O.) 12866, ``Regulatory Planning and Review''
(58 FR 51735 (Oct. 4, 1993)), requires agencies, to the extent
permitted by law, to (1) propose or adopt a regulation only upon a
reasoned determination that its benefits justify its costs (recognizing
that some benefits and costs are difficult to quantify); (2) tailor
regulations to impose the least burden on society, consistent with
obtaining regulatory objectives, taking into account, among other
things, and to the extent practicable, the costs of cumulative
regulations; (3) select, in choosing among alternative regulatory
approaches, those approaches that maximize net benefits; (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated
[[Page 28348]]
entities must adopt; and (5) identify and assess available alternatives
to direct regulation, including providing economic incentives to
encourage the desired behavior, such as user fees or marketable
permits, or providing information upon which choices can be made by the
public.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this proposed rule does not constitute a ``significant
regulatory action'' under section 3(f) of E.O. 12866. Accordingly, this
proposed rule was not submitted to OIRA for review under E.O. 12866.
F. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IRFA) and a
final regulatory flexibility analysis (FRFA) for any rule that by law
must be proposed for public comment, unless the agency certifies that
the rule, if promulgated, will not have a significant economic impact
on a substantial number of small entities.
OSHA reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act. This rule proposes to eliminate burdensome
regulations. Therefore, OSHA initially concludes that the impacts of
the rescission would not have a ``significant economic impact on a
substantial number of small entities,'' and that the preparation of an
IRFA is not warranted. OSHA will transmit this certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
VI. Technological Feasibility
This proposed rule would remove recordkeeping and reporting
requirements related to COVID-19 in the workplace. Workplaces that were
covered by the COVID-19 Healthcare ETS and the related recordkeeping
and reporting requirements in 29 CFR 1910 subpart U will no longer have
to maintain a COVID-19 log, record cases of COVID-19 on the log, or
report to OSHA some fatalities and hospitalizations caused by COVID-19.
Because this rule would remove regulatory requirements, OSHA
anticipates employers would have no technological issues complying with
the rule. Accordingly, the agency preliminarily concludes that the
proposed rule would be technologically feasible for affected employers.
VII. Additional Requirements
A. State Plans
Under section 18 of the OSH Act, 29 U.S.C. 651 et seq., Congress
expressly provides that States may adopt, with Federal approval, a plan
for the development and enforcement of occupational safety and health
standards that are ``at least as effective'' as the Federal standards
in providing safe and healthful employment and places of employment (29
U.S.C. 667). OSHA refers to these OSHA-approved, State-administered
occupational safety and health programs as ``State Plans.'' \10\ Once
approved, State Plans have an ongoing obligation to maintain an
occupational safety and health program that is at least as effective as
Federal OSHA's program (see 29 CFR 1953.1(b)).
---------------------------------------------------------------------------
\10\ Of the 29 States and U.S. territories with OSHA-approved
State Plans, 22 cover public and private-sector employees: Alaska,
Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland,
Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon,
Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia,
Washington, and Wyoming. The remaining six States and one U.S.
territory cover only State and local government employees:
Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York,
and the Virgin Islands.
---------------------------------------------------------------------------
When Federal OSHA makes a significant change to the Federal program
that would have an adverse impact on the ``at least as effective''
status of the State program if a parallel State program modification
were not made, State adoption of a change in response to the Federal
program change is required (29 CFR 1953.4(b)(1)). However, a change to
the Federal program that would not result in any diminution of the
effectiveness of a State Plan compared to Federal OSHA generally would
not require adoption by the State (29 CFR 1953.4(b)(1)).
As explained previously in this preamble, OSHA is proposing a
deregulatory action to remove the recordkeeping and reporting
provisions in 29 CFR 1910 subpart U that are still in effect
(specifically 29 CFR 1910.502(q)(2)(ii), (q)(3)(ii)-(iv), and (r)).
OSHA has preliminarily determined the proposed change to the Federal
program would not result in any diminution of the effectiveness of a
State Plan compared to Federal OSHA, and therefore State Plans are not
required to amend their regulations. OSHA seeks comment on this
assessment of its proposal.
B. OMB Review Under Paperwork Reduction Act of 1995
The proposed standard would remove regulatory provisions that
contain collection-of-information requirements that have been reviewed
and approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.) and
OMB's regulations at 5 CFR part 1320. The existing collection-of-
information requirements were approved under OMB Control Number 1218-
0277. OMB last renewed its approval of the requirements on April 22,
2025.
If OSHA removes 29 CFR 1910.502(q)(2)(ii), (q)(3)(ii)-(iv), and
(r), as proposed, the underlying requirements for the information
collections would no longer exist. In OSHA's most recent supporting
statement for the information collection requirements contained in
these recordkeeping and reporting provisions, the burden on employers
of complying with those provisions is 23,714 hours, with an associated
cost of $707,355. This rulemaking, if finalized, would therefore result
in the removal of the burden and associated costs in those amounts.
OSHA requests comment on this analysis.
C. Other Statutory and Executive Order Considerations
OSHA has considered its obligations under the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et seq.), the National Environmental
Policy Act (NEPA) (42 U.S.C. 4321 et seq.), and the Executive Orders on
Consultation and Coordination With Indian Tribal Governments (E.O.
13175, 65 FR 67249 (Nov. 6, 2000)), Federalism (E.O. 13132, 64 FR 43255
(Aug. 10, 1999)), and Protection of Children From Environmental Health
Risks and Safety Risks (E.O. 13045, 62 FR 19885 (Apr. 23, 1997)). Given
that this is a deregulatory action that involves the removal of
recordkeeping and reporting requirements, that OSHA does not foresee
economic impacts of $100 million or more, and that the action does not
constitute a policy that has federalism or tribal implications, OSHA
has determined that no further agency action or analysis is required to
comply with these statutes and executive orders.
List of Subjects in 29 CFR Parts 1910, 1915, 1917, 1918, 1926, and
1928
COVID-19, Disease, Health facilities, Health, Health care,
Occupational health and safety, Public health, Quarantine, Reporting
and recordkeeping requirements, Respirators, SARS-CoV-2, Telework,
Vaccines, Viruses.
VIII. Authority and Signature
Amanda Laihow, Acting Assistant Secretary of Labor for Occupational
[[Page 28349]]
Safety and Health, authorized the preparation of this document under
the authority granted by sections 4, 6, and 8 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); section 107 of
the Contract Work Hours and Safety Standards Act (the Construction
Safety Act) (40 U.S.C. 333); section 41 of the Longshore and Harbor
Worker's Compensation Act (33 U.S.C. 941); 5 U.S.C. 553, Secretary of
Labor's Order No. 8-2020 (85 FR 58393), and 29 CFR part 1911.
Dated: June 20, 2025.
Amanda Laihow,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
Proposed Amendments
For the reasons stated in the preamble, OSHA proposes to amend 29
CFR parts 1910, 1915, 1917, 1918, 1926, and 1928 as follows:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart U--COVID-19
0
1. The authority for 29 CFR part 1910, subpart U, continues to read as
follows:
Authority: 29 U.S.C. 653, 655, and 657; Secretary of Labor's
Order No. 8-2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C. 553.
0
2. Remove Subpart U--COVID-19
PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT
0
3. The authority citation for 29 CFR part 1915 continues to read as
follows:
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754); 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393); 29 CFR part
1911; and 5 U.S.C. 553, as applicable.
Subpart Z--Toxic and Hazardous Substances
0
4. Remove Sec. 1915.1501
PART 1917--MARINE TERMINALS
0
5. The authority citation for 29 CFR part 1917 continues to read as
follows:
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393), as applicable;
and 29 CFR part 1911.
Sections 1917.28 and 1917.31 also issued under 5 U.S.C. 553.
Section 1917.29 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
Subpart B--Marine Terminal Operations
0
6. Remove Sec. 1917.31
PART 1918--SAFETY AND HEALTH REGULATIONS FOR LONGSHORING
0
7. The authority citation for 29 CFR part 1918 continues to read as
follows:
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393), as applicable;
and 29 CFR 1911.
Sections 1918.90 and 1918.110 also issued under 5 U.S.C. 553.
Section 1918.100 also issued under 49 U.S.C. 5101 et seq. and 5
U.S.C. 553.
Subpart K--COVID-19
0
8. Remove Subpart K--COVID-19
PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
Subpart D--Occupational Health and Environmental Controls
0
9. The authority citation for 29 CFR part 1926, subpart D, continues to
read as follows:
Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 655, and 657; and
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31159), 4-
2010 (75 FR 55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393), as
applicable; and 29 CFR part 1911.
Sections 1926.59, 1926.60, and 1926.65 also issued under 5
U.S.C. 553 and 29 CFR part 1911.
Section 1926.61 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
Section 1926.62 also issued under sec. 1031, Public Law 102-550,
106 Stat. 3672 (42 U.S.C. 4853).
Section 1926.65 also issued under sec. 126, Public Law 99-499,
100 Stat. 1614 (reprinted at 29 U.S.C.A. 655 Note) and 5 U.S.C. 553.
0
10. Remove Sec. 1926.58
PART 1928--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR AGRICULTURE
0
11. The authority citation for 29 CFR part 1928 continues to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
5-2002 (67 FR 65008), 4-2010 (75 FR 55355), or 8-2020 (85 FR 58393),
as applicable; and 29 CFR 1911.
Section 1928.21 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
Subpart B--Applicability of Standards
0
12. Remove Sec. 1928.21(a)(8)
[FR Doc. 2025-11625 Filed 6-30-25; 8:45 am]
BILLING CODE 4510-26-P