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Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Rules and Regulations evidence of SARSCoV2 transmission, presented below, makes clear that the virus can be spread wherever an infectious person is present and shares space with other people, and OSHA
therefore expects transmission across healthcare workplaces where known or suspected COVID19 patients are treated see Dry Color Mfrs. Assn, Inc.
v. Dept of Labor, 486 F.2d 98, 102 n.3
3d Cir. 1973 holding that when OSHA
determines a substance poses a grave danger to workers, OSHA can assume an exposure to a grave danger wherever that substance is present in a workplace. OSHAs conclusion that there is a grave danger to which employees are specifically exposed is further supported by evidence demonstrating the widespread prevalence of the disease across the country generally. As of May 2021, over 32 million cases of COVID19 have been reported in the United States CDC, May 24, 2021e. Over 1 in 11 people of working age have been reported infected cases for individuals age 1864, CDC, May 24, 2021d; estimated number of people ages 1564, Census Bureau, June 25, 2020. And data shows that employees across a myriad of workplace settings have suffered death and serious illness from COVID19 through the duration of the pandemic WSDH and WLNI, December 17, 2020; Allan-Blitz et al., December 11, 2020; Marshall et al., June 30, 2020.7 From May 18, 2021
to May 24, 2021, COVID19 resulted in 4,216 cases and nine deaths for healthcare personnel each day CDC, May 18, 2021; CDC, May 24, 2021a.
Thus, COVID19 continues to present a grave danger to the nations healthcare employees.
References
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Allan-Blitz, LT et al., 2020, December 11.
High frequency and prevalence of 7 Of note, on February 25, 2021, the Superior Court of California issued a decision denying a motion for a preliminary injunction seeking to restrain the California Occupational Safety and Health Standards Board from enforcing a COVID
19 ETS promulgated on November 30, 2020 Natl Retail Fedn v. Cal. Dept of Indus. Relations, Div.
of Occupational Safety & Health, Case Nos. CGC
20588367, CPF21517344 Cal. Super. Ct., Feb.
25, 2021. In its decision, the court found that COVID19 presents an emergency to employees, noting that any argument to the contrary was fatuous id. at 17. The court found that the virus spreads any place where persons gather and come into contact with one anotherwhether it happens to be an office building, a meatpacking plant, a wedding reception, a business conference, or an event in the Rose Garden of the White House.
Workplaces, where employees often spend eight hours a day or more in close proximity to one another, are no exception, which of course is why the pandemic has emptied innumerable office buildings, stores, shopping centers, restaurants, and bars around the world id. at 1718 emphasis in original footnotes omitted.

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community-based asymptomatic SARS
CoV2 infection.medRxivpre-print.
https www.medrxiv.org/content/
10.1101/2020.12.09.20246249v1. AllanBlitz et al., December 11, 2020.
Centers for Disease Control and Prevention CDC. 2021, April 27. Updated healthcare infection prevention and control recommendation in response to COVID19 vaccination. https
www.cdc.gov/coronavirus/2019-ncov/
hcp/infection-control-aftervaccination.html. CDC, April 27, 2021.
Centers for Disease Control and Prevention CDC. 2021, May 18. COVID Data Tracker: Cases & deaths among healthcare personnel. https
covid.cdc.gov/covid-data-tracker/
health-care-personnel. CDC, May 18, 2021.
Centers for Disease Control and Prevention CDC. 2021a, May 24. Cases & Deaths among Healthcare Personnel. https
covid.cdc.gov/covid-data-tracker/
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Centers for Disease Control and Prevention CDC. 2021b, May 24. COVID data tracker. Trends in number of COVID19
cases and deaths in the US reported to CDC, by state/territory: Trends in Total COVID19 Deaths in the United States Reported to CDC. https covid.cdc.gov/
covid-data-tracker/trends_dailytrends cases. CDC, May 24, 2021b.
Centers for Disease Control and Prevention CDC. 2021c, May 24. Demographic Trends of COVID19 cases and deaths in the US reported to CDC: Deaths by age group. https covid.cdc.gov/covid-datatracker/demographics CDC, May 24, 2021c.
Centers for Disease Control and Prevention CDC. 2021d, May 24. Demographic Trends of COVID19 cases and deaths in the US reported to CDC: Cases by age group. https covid.cdc.gov/covid-datatracker/demographics CDC, May 24, 2021d.
Centers for Disease Control and Prevention CDC. 2021e, May 24. COVID data tracker. Trends in number of COVID19
cases and deaths in the US reported to CDC, by state/territory: Trends in Total COVID19 Cases in the United States Reported to CDC. https covid.cdc.gov/
covid-data-tracker/trends_
dailytrendscases. CDC, May 24, 2021e.
Census Bureau. 2020, June 25. Annual estimates of the resident population for selected age groups by sex for the United States: April 2010 to July 1, 2019. https
www2.census.gov/programs-surveys/
popest/tables/2010-2019/national/asrh/
nc-est2019-agesex.xlsx. Census Bureau, June 25, 2020.
Hawkins, D. 2020, June 15. Differential occupational risk for COVID19 and other infection exposure according to race and ethnicity. American Journal of Industrial Medicine 63:817820. https
doi.org/10.1002/ajim.23145. Hawkins, June 15, 2020.
Howard, J. 2021. Response to request for an assessment by the National Institute for Occupational Safety and Health,
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Centers for Disease Control and Prevention, U.S. Department of Health and Human Services, of the current hazards facing healthcare workers from Coronavirus Disease2019 COVID19.
Howard, May 22, 2021.
Huang, C et al., 2021, January 8. 6-month consequences of COVID19 in patients discharged from hospital: A cohort study. The Lancet 397:220232. https
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Klein, H et al., 2021, February 15. Onset, duration and unresolved symptoms, including smell and taste changes, in mild COVID19 infections: A cohort study in Israeli patients. Clinical Microbiology and Infection 275:769
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j.cmi.2021.02.008. Klein et al., February 15, 2021.
Marshall, K et al., 2020, June 30. Exposure before issuance of stay-at-home orders among persons with laboratoryconfirmed COVID19Colorado, March 2020. Morbidity and Mortality Weekly Report: 6926:8479. Marshall et al., June 30, 2020.
United States Department of Health and Human Services US DHHS. 2021, April 15. Renewal of Determination That A Public Health Emergency Exists.
https www.phe.gov/emergency/news/
healthactions/phe/Pages/COVID15April2021.aspx. HHS, April 15, 2021.
Washington State Department of Health and Washington State Department of Labor and Industries WSDH and WDLI. 2020, December 17. COVID19 confirmed cases by industry sector. Publication Number 421002. https
www.doh.wa.gov/Portals/1/Documents/
1600/coronavirus/data-tables/
IndustrySectorReport.pdf. WSDH and WDLI, December 17, 2020.
The White House. 2020, March 13.
Proclamation on declaring a national emergency concerning the novel coronavirus disease COVID19
outbreak. https web.archive.org/web/
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II. Nature of the Disease a. Health and Other Adverse Effects of COVID19
Death From COVID19
COVID19 is a potentially fatal disease. As of May 24, 2021, there had been 587,432 deaths from the disease out of 32,947,548 million infections in the United States alone CDC, May 24, 2021a; CDC, May 24, 2021b. For the U.S. population as a whole i.e., unlinked to known SARSCoV2

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