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Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Rules and Regulations same subpart. If the ETS is not made permanent, 29 CFR 1910.509 will expire along with the rest of subpart U. If the ETS is made permanent, OSHA intends to recodify the standards from 29 CFR
1910.509 into 29 CFR 1910.6, the centralized IBR section for part 1910.
In this new section, OSHA is including a list of the titles, editions/
versions, and years of the incorporated documents. Stakeholders may consult 29 CFR 1910.509 both to locate all of the documents incorporated by reference in subpart U the paragraph in which the document is incorporated is listed there and to find more details regarding how to locate the specific consensus standard and guidelines that have been incorporated by reference in the ETS.
OSHA recognizes that the Centers for Disease Control and Prevention CDC
and the Environmental Protection Agency EPA may update their guidelines based on the most current available scientific evidence, but OSHA
is only requiring compliance with the standards or guidelines incorporated by reference, which are fixed in time at the point of publication.
OSHA notes that the ETS largely tracks CDC guidance, some of which is labeled as recommendations or guidance and is not always expressed in mandatory terms. As discussed in the Need for the ETS Section IV.B. of this preamble, while non-mandatory guidance has been effective for informing the public, it is not sufficiently protective, and thus is not a meaningful alternative to a mandatory standard. The CDC has limited regulatory authority, such that many of its recommendations are framed in nonmandatory terms, including the documents incorporated by reference in this ETS. Nevertheless, as discussed in detail elsewhere in this preamble, OSHA has reviewed those materials and determined that compliance with the safety measures and specific instructions in the CDC materials is important to protect workers. OSHA is concerned that converting these hundreds of pages into regulatory text would be cumbersome and make the ETS more difficult for employers and employees to understand and comply with. Moreover, OSHA believes that many employers and employees are already familiar with existing CDC
materials and thus incorporation by reference will therefore facilitate compliance. Therefore, while OSHA is incorporating those materials by reference, compliance with the recommendations will be mandatory.
OSHA will be able to cite employers who do not follow them. Compliance with all applicable provisions of the
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incorporated document is required where the provisions into which they are incorporated are mandatory, whether the incorporated document sets out its directions in mandatory language or recommendations. OSHA recognizes that the documents incorporated by reference into the ETS may become outdated when newer versions of those documents are published or other entities revise those documents. In that case, OSHA will work quickly to update the ETS through a new rulemaking or issue enforcement guidance, as appropriate. But OSHA also has a longstanding de minimis enforcement policy to allow employers to rely on documents that are at least as protective.
OSHA is incorporating by reference in 29 CFR 1910.509 the materials below. A brief description of each consensus standard and guideline is provided in the text below. A
description of their use can be found in the Regulatory Text, and Summary and Explanation Section VIII of this preamble, where the standards and guidelines are referenced.
Regulatory Text 1910.502b ANSI/ISEA Z87.1 2010, 2015, and 2020 Occupational and Educational Personal Eye and Face Protection Devices: These consensus standards, versions dated 2010, 2015, and 2020, provide criteria and requirements for selection, use, and maintenance of the different face and eye protectors to eliminate hazards such as liquid splash and droplets exposures in occupational and educational environments. The 2010 version was updated in 2015 and 2020 to add new and innovative designs and streamline language. These consensus standards are available for purchase at https webstore.ansi.org/.
Regulatory Text 1910.502j2ii CDCs Cleaning and Disinfecting Guidance 2021: This guidance provides direction on cleaning and disinfecting frequently touched surfaces, materials, and equipment regularly or when contaminated by a person who is COVID19 positive using appropriate disinfectants and other equipment. This document is available at www.osha.gov/coronavirus/ets/ibr.
Regulatory Text 1910.502d3;
1910.502j1
CDCs COVID19 Infection Prevention and Control Recommendations 2021:
This guidance provides recommendations for routine infection prevention and control practices in healthcare settings to protect healthcare workers. This document is available at www.osha.gov/coronavirus/ets/ibr.

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Regulatory Text 1910.502e;
1910.502f5
CDCs Guidelines for Isolation Precautions Updated 2019: These guidelines provide direction on developing, implementing, and evaluating infection control programs for healthcare settings across a variety of care. It also provides guidance on reducing the prevalence of hospitalacquired infections. This document is available at www.osha.gov/coronavirus/
ets/ibr.
Regulatory Text 1910.502j1
CDCs Guidelines for Environmental Infection Control 2019: These guidelines provide evidence-based strategies for the prevention of environmentally mediated infection among healthcare workers and immunocompromised patients. Pages 86103 and 147149 focus on Environmental Services in healthcare settings. This document is available at www.osha.gov/coronavirus/ets/ibr.
Regulatory Text 1910.502l6
CDCs Isolation Guidance 2021: This guidance provides steps to take when someone is experiencing COVID19
symptoms and/or tested positive for COVID19. This document is available at www.osha.gov/coronavirus/ets/ibr.
Regulatory Text 1910.502l6
CDCs Return to Work Healthcare Guidance 2021: These guidelines provide guidance for occupational and public health professionals to develop policies to determine when an employee can return to work after quarantine and/
or isolation in healthcare settings. This document is available at www.osha.gov/
coronavirus/ets/ibr.
Regulatory Text 1910.502b EPAs List N 2021: The products listed in this list meet EPAs criteria for use against SARSCoV2 COVID19 to clean and disinfect surfaces. This document is available at www.osha.gov/
coronavirus/ets/ibr.
Copies of the consensus standards are available for purchase from the issuing organizations at the addresses or through the other contact information listed in 1910.509. The CDC and EPA
documents are available at no cost through the contact information listed above. In addition, in accordance with 1910.509a1, these standards are available for inspection at any Regional Office of the Occupational Safety and Health Administration OSHA, or at the OSHA Docket Office, U.S. Department of Labor, 200 Constitution Avenue NW, Room N3508, Washington, DC 20210;
telephone: 2026932350 TTY number:

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