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.
OSHA Reporting Deadlines
Fatalities
Report workplace fatalities to OSHA within eight hours.
Severe Injuries
Report amputations, eye loss, and inpatient 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.
The new FAQs clarify when employers must report COVID-19 hospitalizations and fatalities.
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.
