Invisible Threats, Concrete Actions: Analyzing and Enhancing OSHA’s Infectious Disease Framework

The US Occupational Safety and Health Administration (OSHA) mandates employers provide a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm" to employees; however, those regulations do not include workplace-acquired infectious diseases. This article examines federal and state regulations specific to workplace infectious disease exposures, highlighting their insufficiencies. The regulatory framework for occupational exposures to infectious diseases within United States workplaces is examined using specific criteria: (1) the intended scope of the federal or state standards, (2) the infectious diseases that are specifically covered, (3) the categories of workers covered, and (4) the limitations or constraints in the standard. We reviewed past attempts by OSHA to implement infectious disease standards, the impact of the COVID-19 pandemic on workplace health, and the gaps in protections for nonhealthcare workers. Healthcare workers were temporarily covered under the OSHA Emergency Temporary Standard (ETS) for COVID-19. Due to the expiration of that ETS in 2021, there are limited protections for all workers against the known hazards of various respiratory infectious diseases in the workplace. A comprehensive infectious disease standard from OSHA would address insufficiencies of the current standards protecting workers during outbreaks and with other respiratory diseases. Immediate action is required to establish a comprehensive OSHA standard that covers all industries, not just healthcare, and includes measures such as tailored worker infection control plans, enhanced ventilation, medical surveillance, infectious disease recordkeeping, and mandatory training. A unified national standard is needed to ensure public health preparedness and protect the workforce against future pandemics and endemic infectious diseases.