As of mid-2021, the United States is struggling with a resurgence of the COVID-19 pandemic amid reports that the new Delta variant of the virus can infect fully vaccinated individuals. Consequently, many nonessential workers are hesitant to return to their workplaces in person. Their concerns about workplace safety during the pandemic’s resurgence call for legal scholars and policymakers to revisit the Occupational Health and Safety Act of 1970 (OSH Act), which requires employers to ensure that workplaces are “free of recognized harms” and entitles employees to file a complaint to the Occupational Safety and Health Administration (OSHA) without retaliation from their employer.

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