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OSHA Clarifies COVID-19 Reporting Requirements

The Occupational Safety and Health Administration (OSHA) continuously provides employers and workers with information and guidance on the evolving coronavirus pandemic.

Recently, OSHA 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 (novel coronavirus that causes COVID-19) 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

Employers can review their COVID-19 recording requirements on OSHA’s website.

OSHA Reporting Deadlines (for any fatalities and severe injuries):

Fatalities – Report workplace fatalities to OSHA within eight hours.

Severe Injuries – 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

For additional news, updates and guidance, visit OSHA’s COVID-19 webpage. To contact a VTC Insurance Group agent near you, give us a call, or visit vtcins.com.

This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice.

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