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The registerExecutive Order 13999
E.O.13999

Protecting Worker Health and Safety

Signed January 21, 2021·Joseph R. Biden Jr.·86 FR 7211

Source

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Plain-language summary

Auto-generated summaryWritten by claude-sonnet-5 from the order’s own text · prompt v4 ·

Directs the Secretary of Labor, acting through the Occupational Safety and Health Administration (OSHA), to issue revised guidance to employers on workplace safety during the COVID-19 pandemic within two weeks, and to decide whether emergency temporary standards, including on mask-wearing, are needed, issuing them by March 15, 2021 if so. Orders a review of OSHA's COVID-19 enforcement efforts, a national enforcement program targeting violations posing the greatest risk or involving retaliation, and a multilingual outreach campaign with labor unions and community groups to inform workers of their rights. Directs coordination with states running their own occupational safety plans and, in states without such plans, consultation to protect public sector workers. Instructs the Secretaries of Agriculture, Labor, Health and Human Services, Transportation, and Energy to explore protections for workers not covered by the Occupational Safety and Health Act, and directs consideration of emergency standards for coal and metal or non-metal mine workers.

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Claimed authority

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered

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Disposition

Revoked by: EO 14148, January 20, 2025

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The order, in full

Executive Order 13999 of January 21, 2021

Protecting Worker Health and Safety

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

Section 1. Policy. Ensuring the health and safety of
workers is a national priority and a moral imperative.
Healthcare workers and other essential workers, many of
whom are people of color and immigrants, have put their
lives on the line during the coronavirus disease 2019
(COVID-19) pandemic. It is the policy of my
Administration to protect the health and safety of
workers from COVID-19.

The Federal Government must take swift action to reduce
the risk that workers may contract COVID-19 in the
workplace. That will require issuing science-based
guidance to help keep workers safe from COVID-19
exposure, including with respect to mask-wearing;
partnering with State and local governments to better
protect public employees; enforcing worker health and
safety requirements; and pushing for additional
resources to help employers protect employees.

Sec. 2. Protecting Workers from COVID-19 Under the
Occupational Safety and Health Act. The Secretary of
Labor, acting through the Assistant Secretary of Labor
for Occupational Safety and Health, in furtherance of
the policy described in section 1 of this order and
consistent with applicable law, shall:

    (a) issue, within 2 weeks of the date of this order
and in conjunction or consultation with the heads of
any other appropriate executive departments and
agencies (agencies), revised guidance to employers on
workplace safety during the COVID-19 pandemic;
    (b) consider whether any emergency temporary
standards on COVID-19, including with respect to masks
in the workplace, are necessary, and if such standards
are determined to be necessary, issue them by March 15,
2021;
    (c) review the enforcement efforts of the
Occupational Safety and Health Administration (OSHA)
related to COVID-19 and identify any short-, medium-,
and long-term changes that could be made to better
protect workers and ensure equity in enforcement;
    (d) launch a national program to focus OSHA
enforcement efforts related to COVID-19 on violations
that put the largest number of workers at serious risk
or are contrary to anti-retaliation principles; and
    (e) coordinate with the Department of Labor's
Office of Public Affairs and Office of Public
Engagement and all regional OSHA offices to conduct,
consistent with applicable law, a multilingual outreach
campaign to inform workers and their representatives of
their rights under applicable law. This campaign shall
include engagement with labor unions, community
organizations, and industries, and place a special
emphasis on communities hit hardest by the pandemic.

Sec. 3. Protecting Other Categories of Workers from
COVID-19. (a) The Secretary of Labor, acting through
the Assistant Secretary of Labor for Occupational
Safety and Health and consistent with applicable law,
shall:

(i) coordinate with States that have occupational safety and health plans
approved under section 18 of the Occupational Safety and Health Act (Act)
(29 U.S.C. 667) to seek to ensure that workers covered by such

plans are adequately protected from COVID-19, consistent with any revised
guidance or emergency temporary standards issued by OSHA; and

(ii) in States that do not have such plans, consult with State and local
government entities with responsibility for public employee safety and
health and with public employee unions to bolster protection from COVID-19
for public sector workers.

    (b) The Secretary of Agriculture, the Secretary of
Labor, the Secretary of Health and Human Services, the
Secretary of Transportation, and the Secretary of
Energy, in consultation with the heads of any other
appropriate agencies, shall, consistent with applicable
law, explore mechanisms to protect workers not
protected under the Act so that they remain healthy and
safe on the job during the COVID-19 pandemic.
    (c) The Secretary of Labor, acting through the
Assistant Secretary of Labor for Mine Safety and
Health, shall consider whether any emergency temporary
standards on COVID-19 applicable to coal and metal or
non-metal mines are necessary, and if such standards
are determined to be necessary and consistent with
applicable law, issue them as soon as practicable.

Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.

    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    January 21, 2021.

Reproduced from the Federal Register plain-text record, signed January 21, 2021. Typesetting artifacts are removed; no wording is changed.