On September 30, 2020, the Occupational Safety and Health Administration (OSHA) released new Frequently Asked Questions (FAQs) regarding an employer’s obligation to report to OSHA cases of work-related COVID-19. The FAQs build upon previous OSHA guidance governing when and how to record and report confirmed positive cases of COVID-19 in the workplace. These are two additional parts to their COVID-19 frequently asked questions (FAQs).
Since the beginning of the COVID-19 pandemic, employers have had a number of questions regarding the recordability and reportability of COVID-19 cases. OSHA has stated that employers must record and report work-related cases of COVID-19 if the cases otherwise meet the recording and reporting criteria in the regulation. With respect to reporting a work-related positive case of COVID-19, that obligation occurs when the case results in (1) an in-patient hospitalization within 24 hours of a work-related “incident,” and (2) a fatality within 30 days of a work-related incident.
Reporting Hospitalizations
OSHA requires employers to report in-patient hospitalizations only if the hospitalization occurs within 24 hours of an exposure to COVID-19 in the workplace. As a result, employers must report COVID-19 hospitalizations only if the hospitalizations are:
- For in-patient treatment; and
- The result of a work-related case of COVID-19.
The report must be submitted within 24 hours of the time the employer determines there was an in-patient hospitalization caused by a COVID-19 case. Hospitalization for diagnostic testing or observation only is not “in-patient” hospitalization.
Reporting Fatalities
OSHA requires employers to report fatalities that occur within 30 days of an exposure to SARS-CoV-2 in the workplace.
Fatality reports must be submitted within eight hours of the time the employer learns that the fatality took place and that it was due to a work-related exposure.
Recording Requirements
These FAQs address only reporting requirements for COVID-19. Employers can review their COVID-19 recording requirements on OSHA’s website.
Click here to view more COVID-19 resources.
Recent Posts
The U.S. Department of Labor Announces Proposed Rule To Protect Indoor, Outdoor Workers From Extreme Heat
The U.S. Department of Labor has proposed a new rule aimed at protecting workers from extreme heat hazards. This initiative seeks to safeguard approximately 36 [...]
Supreme Court Overturns Chevron Deference: What It Means for Workplace Safety and Regulation
The landscape of federal regulation is set for a seismic shift following a recent Supreme Court decision. On June 28, in Loper Bright Enterprises, et [...]
Navigating the Compliance Maze: How NARFA Simplifies Employee Benefits for Automotive and Trade Industries
In today's complex regulatory environment, businesses in the automotive, roads, fuel, and related industries face unprecedented challenges in managing employee benefits. Recent studies show that [...]