Model emergency temporary standard

This Model ETS applies to all occupational exposures to the named substance or specified uses listed in the standard unless an exemption applies. See 1990.152(a)(1) for the statement of general application.

• The model text requires the employer to cover exposures to the specific chemical or classes of uses (identified in the completed standard) and notes that some uses may be carved out by paragraph (a)(2). See 1990.152(a)(2) for exemptions.

Certain specific uses or workplace situations can be exempted as listed in the model standard. See 1990.152(a)(2) which explains exemptions including:

• Workplaces where exposure results from solid or liquid mixtures containing no more than a specified percentage of the substance (1990.152(a)(2)(i)).
• Workplaces where another Federal agency has statutory authority to regulate that occupational exposure (1990.152(a)(2)(ii)).
• Workplaces already addressed by a separate standard (1990.152(a)(2)(iii)).

Note: The model leaves specific percentages and conditions blank for later insertion; employers should rely on the final promulgated text for exact exemption criteria.

An employer must use the definitions provided in the standard, including the definition of the regulated substance, the action level, Authorized Person, Assistant Secretary, Director, and Emergency. See the Definitions in 1990.152(b) for these terms.

• For example, the model defines "Action level" as an airborne concentration of the substance at the level the standard inserts to trigger certain requirements such as monitoring and medical surveillance. See 1990.152(b).

The model ETS requires employers to assure that no employee is exposed above the specified time-weighted average (TWA) inhalation limit as an eight-hour TWA from the effective date of the ETS. See 1990.152(c)(1)(i).

• The model text leaves the numeric exposure limit and the exact compliance time blank for insertion, but it clearly requires employers to control exposures to at or below the inserted eight-hour TWA PEL.

Yes. The model standard requires employers to address dermal and eye exposure as appropriate and to meet any criteria the final ETS specifies. See 1990.152(c)(2).

• The model contains placeholders for the timeframe and specific exposure levels or criteria for eye and skin exposure in 1990.152(c)(2)(i) and 1990.152(c)(2)(ii). Employers must follow the completed ETS language when those values are published.

An employer must report the workplace address, a brief description of processes or operations that may result in employee exposure, the number of employees potentially exposed with estimates of frequency/degree of exposure, and a brief description of the employer's safety and health program related to exposure control. See the reporting items listed in 1990.152(d)(1) through 1990.152(d)(4).

• The model requires submission within the timeframe specified in the completed ETS or within 15 days after introduction where the placeholder directs that option; check the final ETS text for the exact deadline.

Employers must determine airborne exposure levels from air samples that are representative of each employee's exposure over an eight-hour period (or another representative full-shift period as modified for the industry). See 1990.152(e)(1)(i).

• The model allows modification of the sampling time if necessary to be practical in relevant industries while remaining reasonably representative of full-shift exposures.

Employee exposure for purposes of this section is defined as the exposure that would occur if the employee were not using a respirator. See 1990.152(e)(1)(ii).

• This means monitoring and compliance decisions must reflect an employee's exposure without respirator protection so that engineering and work-practice controls (or required respirators) are set appropriately.

The model ETS requires employers to conduct initial monitoring where specified workplaces are subject to the monitoring requirement, to repeat monitoring at the frequency prescribed by the standard, and to perform additional monitoring when process or workplace changes or other reasons indicate exposures may change. See the monitoring framework in 1990.152(e)(2), 1990.152(e)(3), and 1990.152(e)(4).

• The model leaves specific timing and frequencies as placeholders; employers must follow the completed ETS for exact intervals. Additional monitoring must be conducted after production, process, control, or personnel changes that could create new or increased exposures.

The employer must notify each affected employee in writing of the monitoring results that represent that employee's exposure within the time period the standard specifies, and if results exceed permissible exposure limits, the notice must state that the PEL was exceeded and describe corrective actions being taken. See 1990.152(e)(5)(i) and 1990.152(e)(5)(ii).

• The model leaves the exact notification timeframe as a placeholder; comply with the final ETS timeframe when issued.

The model ETS requires that monitoring methods meet accuracy requirements, directing the employer to use measurement methods accurate enough to determine compliance and employee exposures. See 1990.152(e)(6).

• The model leaves specific accuracy tolerances to be inserted; the employer should use validated sampling and analytical methods consistent with the completed ETS and applicable OSHA guidance.

Employers must control exposures to at or below the PELs using any practicable combination of engineering controls, work practices, and personal protective equipment, and must develop a written engineering and work practice control plan within the time period that the ETS specifies. See 1990.152(g)(1)(i) and 1990.152(g)(2)(i)-(ii).

• The written plan must describe means to reduce exposures to the lowest feasible level and must be made available onsite and submitted to the Assistant Secretary and the Director on request (1990.152(g)(2)(ii)).

The employer must make the written engineering and work practice control plan available for examination and copying by the Assistant Secretary, the Director, any affected employee, or a designated representative. See 1990.152(g)(2)(ii).

• The model also requires submission of the plan to the Assistant Secretary and the Director upon request.

Employers must provide and ensure use of respirators where required under the standard to reduce exposures to within the PELs and during emergencies, and they must implement a respirator protection program in accordance with 29 CFR 1910.134. See 1990.152(h)(1) and 1990.152(h)(3)(i).

• The model requires employers to allow employees who wear respirators to wash their face and respirator facepiece to prevent skin irritation (1990.152(h)(3)(ii)).

Where respiratory protection is required, employers must select and provide at no cost the appropriate respirator identified in the standard's Table 1 and must select respirators approved by NIOSH under 30 CFR part 11. See 1990.152(h)(2)(i) and 1990.152(h)(2)(ii).

• Employers must ensure employees wear the provided respirator and follow the respirator selection table applicable to exposure conditions in the final ETS.

Yes; the model allows modification of the sampling time from the eight-hour period when appropriate to be practical in the relevant industries while still being reasonably representative of full-shift exposures. See 1990.152(e)(1)(i).

• Employers should document and justify any alternate sampling periods as representative of employee exposures for compliance and inspection purposes.

Yes. The model ETS recommends implementing engineering controls and work practices where they can reduce exposure, even when they do not by themselves reduce exposures to or below the PEL, provided they are practicable. See 1990.152(g)(1)(i).

• The employer should use a practicable combination of engineering controls, work practices, and PPE to achieve compliance.

The model ETS requires reporting either within the time period inserted in the completed ETS or, as an alternative in the model text, within fifteen (15) days following the introduction of the substance into the workplace for each affected workplace. See 1990.152(d).

• Because the model contains a placeholder for the precise timing, employers should follow the timing specified in the promulgated ETS or the 15-day option where applicable.

The Model ETS requires the employer to institute a respirator protection program in accordance with specific provisions of [29 CFR 1910.134], namely paragraphs (b), (d), (e), and (f) of that standard. See 1990.152(h)(3)(i) and the Respiratory Protection standard at 29 CFR 1910.134.

• Employers must therefore provide medical evaluation, fit testing, training, and respirator maintenance consistent with the cited portions of 1910.134.

The model defines "Emergency" as an occurrence such as equipment failure, rupture of containers, or failure of control equipment that may result in a release of the substance at levels the ETS designates as an emergency; in such cases the employer must assure respirator use where required to protect employees. See the "Emergency" definition and respirator requirement in 1990.152(c) and 1990.152(h)(1).

• Employers must also follow the respirator program requirements in 1990.152(h)(3)(i) and the related provisions of 29 CFR 1910.134 for emergencies.

Respirators selected under the Model ETS must be those approved by the National Institute for Occupational Safety and Health under 30 CFR part 11. See 1990.152(h)(2)(ii).

• Employers must ensure respirators provided are NIOSH-approved for the intended contaminant and exposure conditions.

The model defines an "Authorized person" to include any person entering a regulated area as a designated representative of employees exercising the opportunity to observe monitoring procedures under paragraph (r). See the definition of Authorized Person in 1990.152(b).

• This means affected employees or their representatives may be allowed to observe air monitoring and related procedures consistent with the standard's paragraph (r) provisions.

Yes. Under 1990.152(h)(3)(iii) the employer must assure that the respirator issued to each employee is properly fitted, and this typically means implementing either a qualitative or quantitative fit testing program as appropriate.

• Follow the fit-testing approach matched to the respirator type (qualitative for some filtering facepieces, quantitative for tight-fitting respirators when required).
• Document who was fit-tested, the respirator make/model/size issued, and the date of the test.

See the rule text at 1990.152(h)(3)(iii) for the fit requirement and consult the PPE requirements in 29 CFR 1910.132 and 1910.133 for employer responsibilities regarding selection and use of protective equipment.

Employers must provide protective clothing and equipment at no cost when employees are exposed to eye or skin contact with the substance or hazard specified in the standard and the employer has triggered the provision requirement.

• The employer must supply appropriate protective clothing or other equipment and assure employees wear it in accordance with 1990.152(j)(1).
• The PPE must meet the general PPE requirements of 29 CFR 1910.132 and 1910.133.

Employers should insert the applicable trigger criteria and timeframes in their program documents so it is clear when the no-cost provision applies.

Yes. Employers must clean, launder, maintain, or replace protective clothing and equipment as needed to maintain their effectiveness.

• The requirement is explicit in 1990.152(j)(2)(i).
• Make a schedule and procedure for cleaning, inspection, repair, and replacement so PPE remains protective; document when items are serviced or discarded.

Also apply the general PPE program duties in 29 CFR 1910.132 and 1910.133 for selection, training, and maintenance.

Employers must implement a housekeeping program and include the specific elements listed in the standard to minimize accumulations of the hazardous material.

Key elements required by 1990.152(k) and (k)(2) include:

• Periodic scheduling of routine housekeeping procedures;
• Periodic cleaning of dust collection systems (1990.152(k)(2)(i)-(ii));
• Procedures for maintaining clean surfaces;
• Assignment of personnel to perform housekeeping; and
• Informing employees about the housekeeping program.

Put these elements into written procedures, assign responsibilities, and retain records showing the program is implemented.

The employer must prevent dispersal of waste material containing the hazardous substance to the extent practicable and must label or otherwise inform employees who may contact the waste about its contents.

• 1990.152(l)(1) requires procedures to minimize dispersion of such wastes.
• 1990.152(l)(2) requires labeling or other means to inform employees of the waste contents.
• Insert and follow specific disposal methods appropriate to the substance as called for by 1990.152(l)(3) when applicable.

Maintain written disposal procedures and training so employees handling waste understand the hazards and labeling.

Employers must institute medical surveillance for employees specified by the standard, i.e., those whose level, duration, or frequency of exposure meets the criteria the employer inserts into the rule.

• 1990.152(n)(1) and (n)(1)(i) require employers to define which types of employees are subject (for example, by exposure level, duration, or frequency).
• Employers should clearly document which job titles or exposure circumstances trigger surveillance so affected workers are identified consistently.

Medical surveillance must be provided at no cost to the employee and performed by or under the supervision of a licensed physician per 1990.152(n)(1)(ii).

Employers must provide an initial medical examination at the specified time period or at initial assignment and it must include a work and medical history plus a physical exam with tests relevant to the hazard.

• 1990.152(n)(2) requires the initial exam within the time you insert in your program or at initial assignment.
• 1990.152(n)(2)(i)-(ii) specify a work and medical history and a physical exam (with substance‑specific tests or other procedures appropriate to the hazard).

Provide exams at no cost and ensure the examining physician can order additional tests as medically appropriate.

Employers must provide an appropriate examination and emergency medical treatment if an employee develops signs or symptoms commonly associated with exposure to the hazardous substance.

• This requirement is stated in 1990.152(n)(4).
• Ensure prompt access to medical care and document the event, the exam provided, and any work restrictions or follow-up required.

Keep records of the incident and follow physician recommendations for removal or follow-up tests if required.

The employer must provide the physician a copy of the ETS and appendices, a description of the employee's duties related to exposure, the employee's actual or representative exposure level, anticipated exposure level when applicable, a description of PPE used, and names/addresses of prior physicians who provided job‑sponsored exams if records are not otherwise available.

• The full list appears at 1990.152(n)(5)(i)-(vi).
• Providing this information helps the physician make appropriate medical judgments about testing, restrictions, and follow-up.

Retain copies of what you provided to the physician in your medical surveillance records per the recordkeeping provisions.

The physician's written opinion must include the results of tests performed, whether any medical condition increases risk of impairment from exposure, recommended limitations on exposure or PPE use (including respirators), and a statement that the employee was informed of results and any conditions needing further treatment; the employer must get that written opinion and provide a copy to the employee.

• These requirements are set out in 1990.152(n)(6)(i)-(iii).
• The employer must instruct the physician not to include unrelated diagnoses in the written opinion and must give the employee a copy of the opinion.

Keep the physician's written opinion in the employee's medical surveillance record as required by 1990.152(q)(2).

Employers must institute a training program for affected employees and ensure each employee is informed of the appendices, the quantity/location/uses and operations that could cause exposure, the purpose/proper use/limitations of respirators, the purpose and description of the medical surveillance program, and a review of the standard.

• The specific training content is listed in 1990.152(o)(1)(ii)(A)-(E).
• Employers must make a copy of the standard and appendices readily available under 1990.152(o)(2)(i).

Document attendance and training materials and be prepared to provide training materials to OSHA staff upon request per 1990.152(o)(2)(ii).

Employers must post signs that clearly identify areas where employees are exposed (or exposures exceed the PEL), bearing the legend "DANGER [substance name] CANCER HAZARD AUTHORIZED PERSONNEL ONLY," and when airborne concentrations exceed permissible limits the sign must also state either "Respirator Required" or "Respirator may be Required" as appropriate.

• See the sign legend and respirator language in 1990.152(p)(2) and (p)(2)(iii).
• Ensure signs are illuminated and cleaned as needed so the legend is readily visible per 1990.152(p)(2)(ii).

Customize the substance name and the regulated-area description to match your workplace conditions.

Employers must affix precautionary labels to all containers of the hazardous substance and products containing it; labels must remain affixed when those items leave the workplace and must be legible with the legend "DANGER CONTAINS [substance name] CANCER HAZARD."

• The labeling requirement is in 1990.152(p)(3)(i)-(ii).
• Keep label content consistent with other signs and do not place statements that contradict required warnings per 1990.152(p)(1)(ii).

Maintain procedures to verify labels remain on containers during storage, transport, and distribution.

Exposure monitoring records must include the dates, number, duration, and results of each sample; a description of the sampling procedures used to determine representative exposure; the sampling/analytical methods; the type of respirators worn if any; and the name, social security number, and job classification of the employee monitored and of others the sample represents.

• See the full list of required elements in 1990.152(q)(1)(ii)(A)-(D).
• Maintain these records for the effective period of the ETS and for any additional period required by the permanent standard per 1990.152(q)(1)(iii).

Organize records so they can be produced quickly if OSHA requests them.

Medical surveillance records must include a copy of the physician's written opinion (or a written explanation if there is no opinion or the employee refused), any employee medical complaints related to exposure, a copy of the information provided to the physician unless retained elsewhere, and a copy of the employee's work history.

• The required contents are listed in 1990.152(q)(2)(ii)(A)-(D).
• Employers must establish and maintain an accurate record for each employee subject to surveillance per 1990.152(q)(2)(i).

Retain and protect medical records per applicable confidentiality and retention rules and be prepared to provide them to OSHA or the examining physician as permitted.

Yes — employers must keep the records required by this ETS in accordance with [1990.152(q)], but note that OSHA separately announced an enforcement stay limited to the COVID‑19 recordkeeping and reporting requirements in [29 CFR 1910.502].

• The ETS requires employers to establish and maintain exposure monitoring records and medical surveillance records as specified in 1990.152(q).
• OSHA's February 5, 2025 memorandum about the COVID‑19 recordkeeping enforcement stay applies to 29 CFR 1910.502 and does not change recordkeeping obligations set out in other standards such as this ETS.

Continue to follow the recordkeeping and retention rules in this ETS and other applicable OSHA standards; consult the 2025 memorandum only for the limited scope it addresses.

Employers must assess hazards and provide head protection when there is potential for head injury from falling objects or other overhead hazards; OSHA has specifically said crane operators exposed to overhead hazards should wear protective helmets when appropriate.

• The ETS provisions for protective clothing and equipment reference general PPE duties in 29 CFR 1910.132 and 1910.133.
• OSHA's letter on head protection for crane operators (June 6, 2024) confirms that when an employee is in the vicinity of an overhead hazard such as lifting a load with a crane, head protection is required and must meet applicable consensus standards; see the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-06-06-2.

Document your hazard assessment and require helmets per the LOI and your PPE program when overhead hazards are present.

Employers must keep employee exposure measurement records for the entire effective period of the emergency temporary standard and for any longer period required by the permanent standard. This is stated in 1990.152(q)(2)(iii).

• If a later permanent standard requires a longer retention period, you must keep the records for that longer period as well (per the same paragraph).
• Treat the ETS effective period as the minimum retention time for these records.

Employees, their designated representatives, and the Assistant Secretary are entitled to receive employee exposure measurement records and employee medical records upon request, and these requests must be handled in accordance with 29 CFR 1910.20(a)–(e) and (g)–(i). This requirement is in 1990.152(q)(3)(ii).

• For details about how and when records must be made available, see 1910.20(a) and the related subsections of 1910.20.
• Make sure requests are fulfilled consistent with the access, confidentiality, and copying provisions in 29 CFR 1910.20.

Yes. The employer must make all records required by the section available to the Assistant Secretary and the Director for examination and copying on request, as specified in 1990.152(q)(3)(i).

• This obligation covers employee exposure measurement records and other records required by the section.
• Keep records organized and accessible so you can produce them for federal officials when requested.

Yes. Affected employees or their designated representatives must be given an opportunity to observe monitoring of employee exposure conducted pursuant to paragraph (e). This right is established in 1990.152(r) and the observation procedures in 1990.152(r)(2).

• Observation is a right, but it must be arranged so that it does not interfere with the monitoring process.
• If the observation requires entry to areas where protective clothing or equipment is required, see 1990.152(r)(2)(i) for required employer actions.

If observing monitoring requires entry into an area where protective clothing or equipment is required, the employer must provide the observer with the same personal protective clothing or equipment employees are required to wear, ensure the observer uses that PPE, and require the observer to follow all other applicable safety and health procedures. See 1990.152(r)(2)(i).

• The employer must also ensure the observer does not compromise safety or monitoring integrity while in the area.
• Make sure the PPE fits and is appropriate for the hazard, and brief the observer on any site-specific safety rules before entry.

Observers must be entitled to (A) receive an explanation of the measurement procedures, (B) observe all steps related to the measurement of airborne concentrations performed at the place of exposure, and (C) record the results obtained and receive the results supplied by the laboratory, as stated in 1990.152(r)(2)(ii)(A)–(C).

• Allow observers to take notes or photocopy readouts as the monitoring proceeds, so long as they do not interfere with the testing.
• Provide a clear explanation of equipment, sampling strategy, and timing so observers understand what is being measured.

Observers must be allowed to exercise the observation rights provided, but the employer may set reasonable limits to prevent interference with monitoring activities; observation must not interfere with the measurement process. This balance is described in 1990.152(r)(2).

• If necessary, provide an alternative location or viewing method (for example, remote observation or a safe vantage point) that still permits the observer to see and record the measurement steps without disrupting work.
• Any limitations should be safety-based and not used to frustrate legitimate observation rights.

No. The appendices are informational and are not intended to create additional obligations beyond the requirements in the rule itself, as stated in 1990.152(t).

• Use appendices as guidance and clarification, but follow the mandatory regulatory text for compliance obligations.
• If an appendix suggests a safe practice not required by the standard, it remains voluntary unless the regulatory text requires it.

OSHA announced it will not enforce the COVID-19 recordkeeping and reporting requirements adopted under 29 CFR 1910.502 effective immediately and until further notice, including citations for establishing, maintaining, and providing copies of a COVID-19 log under 29 CFR 1910.502(q)(2)(ii) and (q)(3)(ii)–(iv) and for reporting COVID-19 fatalities and hospitalizations under 29 CFR 1910.502(r). See the enforcement memorandum at https://www.osha.gov/laws-regs/standardinterpretations/2025-02-05.

• OSHA stated it will continue to enforce recordkeeping and reporting requirements under 29 CFR part 1904 where applicable.
• This enforcement pause applies to the COVID-19 Healthcare ETS recordkeeping and reporting provisions described in the memorandum; monitor OSHA communications for any change to this enforcement position.