Common Respiratory Illnesses including Influenza, COVID-19, and RSV

Standards

Under the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (the OSH Act), OSHA’s statutory mission is to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance.

Employers covered by the OSH Act must comply with all applicable OSHA standards and regulations, whether they are issued and enforced by OSHA or by an OSHA-approved State Plan. In addition, under Section 5(a)(1) of the OSH Act, known as the General Duty Clause, employers must provide their workers with a safe and healthful workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm. Employers who are not covered by the OSH Act (e.g., self-employed workers and public sector employers in states without OSHA-approved State Plans) can use this guidance to identify useful infection control measures that help reduce the risk of contracting respiratory illnesses in their workplaces.

OSHA generally requires employers to maintain records of work-related illnesses and injuries; see 29 C.F.R Part 1904. However, under 29 C.F.R. § 1904.5(b)(2)(viii), the flu and the common cold are excepted from OSHA’s recordkeeping requirement. For more information, see OSHA’s interpretation of this standard: Clarification on the work-related exception in 1904.5(b)(2)(viii) for the common cold or flu. This recordkeeping exception does not apply to other respiratory illnesses. Additionally, it does not relieve employers of other OSH Act requirements, such as those under the General Duty Clause. For additional information on OSHA Recordkeeping concerning Covid-19 please see Deregulatory Rulemaking | Occupational Safety and Health Administration.

In addition, one or more OSHA standards may apply to workers exposed to respiratory illnesses (see Table 1 below). OSHA may cite an employer under these standard(s) if the employer fails to protect its employees from infectious disease hazards addressed by the standard(s).

Table 1. OSHA standards that may apply to workers exposed to respiratory illnesses

General Industry (29 C.F.R. Part 1910)
General Industry (29 C.F.R. Part 1910)
Related Information

1910 Subpart I - Personal Protective Equipment

1910.132, General requirements.

Related Information

1910.134, Respiratory protection.

Related Information

1910 Subpart J - General Environmental Controls

1910.141, Sanitation.

Related Information

1910 Subpart Z - Toxic and Hazardous Substances

1910.1020, Access to employee exposure and medical records.

Related Information

1910.1030, Bloodborne pathogens.

Related Information

1910.1200, Hazard Communication.

Related Information
Construction (29 C.F.R. Part 1926)
Construction (29 C.F.R. Part 1926)
Related Information

1926 Subpart D - Occupational Health and Environmental Controls

1926.51, Sanitation.

Related Information

1926.59, Hazard Communication.

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1926 Subpart E - Personal Protective and Life Saving Equipment

1926.95, Criteria for personal protective equipment.

Related Information

1926.103, Respiratory protection.

Related Information
Federal Agencies (29 C.F.R. Part 1960)
Federal Agencies (29 C.F.R. Part 1960)
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**OSHA's Bloodborne Pathogens standard (29 C.F.R. § 1910.1030),which applies to occupational exposure to human blood and other potentially infectious materials, does not address occupational exposure to infectious agents transmitted via routes other than the bloodborne route. However, the standard offers a framework that may help control some sources of respiratory viruses, including exposures to body fluids (e.g., respiratory secretions) not covered by the standard.

State Standards
  • There are 29 OSHA-approved State Plans operating occupational safety and health programs. State Plans are required to have standards and enforcement programs that are at least as effective as OSHA's and may have different or more stringent requirements.
  • The California Division of Occupational Safety and Health (Cal/OSHA) has a standard specifically for diseases transmitted by aerosols, the Aerosol Transmissible Diseases (ATD) standard, that is aimed at preventing worker illness from infectious diseases that can be transmitted by inhaling air that contains viruses, bacteria, or other disease-causing organisms in certain facilities and settings where the risk of disease transmission is high (homeless shelters, correctional facilities, and drug treatment programs). While the Cal/OSHA ATD standard only applies to certain employers in California, it may provide useful guidance for protecting workers in other settings who are exposed to respiratory illnesses.