OSHA Clarifies COVID-19 Reporting Requirements
The Occupational Safety and Health Administration (OSHA) has published two additional answers to its list of COVID-19 frequently asked questions (FAQs). The new answers clarify when employers must report COVID-19 in-patient hospitalizations and fatalities.
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.
The new FAQs clarify when employers must report COVID-19 hospitalizations and fatalities.
OSHA Reporting Deadlines
- Report workplace fatalities to OSHA within eight hours.
- Report amputations, eye loss, and in-patient hospitalizations to OSHA within 24 hours.
Exception
Reporting is not required for:
- Motor vehicle accidents on a public street or highway (except in a construction work zone); or
Commercial or public transportation system incidents.
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This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2020 Zywave, Inc. All rights reserved.
