ANALYSIS: OSHA Emergency Covid Rule Imminent, but Vulnerable

The U.S. Labor Department is in the final stages of issuing an emergency rule designed to protect workers from Covid-19 but, if history is any guide, the rule faces long odds of ever going into effect.

The rule is being put forward as an “emergency temporary standard” by DOL’s Occupational Safety and Health Administration. Unlike traditional regulations, emergency standards bypass the long rulemaking process that requires public comment and allows the agency to implement urgent six-month safety standards.

Such emergency rules are rare—and they are intended to be rare. OSHA is authorized to issue them only if doing so is ...