Are you confused by federal OSHA’s reporting requirements for coronavirus cases? You’re not alone.
Baker Hostetler says OSHA published guidance on its website that appeared to conflict with its own rules and created confusion for employers.
So much confusion resulted that OSHA removed the guidance from its website.
To top that off, OSHA says it’s prioritizing inspections related to COVID-19.
And reports have shown that employees haven’t been shy about reporting their employers to the agency. Some companies have received fines as a result.
What the regs say
Under 29 CFR 1904.5, for a COVID-19 case to qualify as work-related, “an event or exposure in the work environment” must either cause or contribute to the illness.
An employer must classify the case as work-related only if it is more likely than not that workplace exposure played a causal role in the COVID-19 case.
This filter also applies: A case is reportable if the employee is hospitalized within 24 hours of the workplace exposure or dies within 30 days of the workplace exposure (1904.39). And the employer must report the hospitalization or fatality within 24 hours of learning of a reportable hospitalization or within eight hours of learning of a reportable death.
Baker Hostetler gives two examples:
- An employee tests positive for COVID-19 on Aug. 1, which is also the employee’s last day at work. The employee’s symptoms require hospitalization on Aug. 8. The case is not reportable to OSHA because the hospitalization occurred more than 24 hours after workplace exposure.
- An employee’s last day at work is Aug. 1 and is admitted to the hospital less than 24 hours later on Aug. 2 with symptoms. A COVID-19 test is taken on Aug. 2, but the positive result is not reported until Aug. 8. The employer determines the COVID-19 hospitalization is work-related under OSHA criteria. The case is reportable because the hospitalization occurred within 24 hours of the last workplace exposure.
What’s the ultimate take-home here? Baker Hostetler says an employer’s reporting requirements are codified in OSHA regulations, NOT in any FAQs posted on the agency’s website. When in doubt, refer to what 1904.5 and 1904.39 say.
Webinar with more information
With the COVID-19 pandemic severely impacting the re-start of US business operations and putting employees at risk, OSHA has developed interim guidance for enforcing the recording of occupational illnesses. This time-limited OSHA memorandum will remain in effect until further notice.
It is vital that safety managers and employers understand these changes, and how to adapt their practices. Join us for this can’t-miss, 60-minute workshop to discover:
- The OSHA interim COVID-19 recordkeeping memorandum and its impact
- The regulatory requirements for reporting and recording “Work at Home” cases
- 2021 deadlines for posting and submitting summary information electronically
- Critical definitions including the work environment and recordkeeping exceptions
- Keys to complying with electronic reporting of injury requirements.