The Occupational Safety and Health Act (the Act) requires employers to report and record work-related injuries and illnesses. The Occupational Safety and Health Administration (OSHA) has indicated that COVID-19 infections are recordable injuries if they are work-related and they meet the Act’s recording criteria.

Recording requirements apply only to employers with more than 10 employees who are not in an exempt, low-risk industry. In addition, employers must report incidents that result in an employee’s fatality within eight hours. Incidents that result in inpatient hospitalization, amputation or loss of an eye must be reported within 24 hours. This Compliance Overview presents a summary of the reporting and recording requirements that will most likely apply to coronavirus cases in the United States. For additional information on OSHA reporting and recording requirements please contact Risk Management Advisors LLC or visit the OSHA

 

In response to a shortage of disposable N95 filtering facepiece respirators caused by the coronavirus (COVID-19) pandemic, the Occupational Safety and Health Administration (OSHA) has issued enforcement guidance that allows its Compliance Safety and Health Officers (CSHOs) to use discretion when enforcing certain respiratory protection rules.

The guidance encourages employers to identify any changes they can make to decrease their need for disposable N95 filtering facepiece respirators (N95s). If respiratory protection must be used, employers may consider using alternative classes of respirators that provide equal or greater protection compared to an N95, such as non-disposable, elastomeric respirators or powered, air-purifying respirators.

Safety Matters HeaderCoronavirus Disease 2019 (COVID-19) is a respiratory disease caused by the SARS-CoV-2 virus. It has spread from China to many other countries around the world, including the United States. Depending on the severity of COVID-19’s international impacts, outbreak conditions—including those rising to the level of a pandemic—can affect all aspects of daily life, including travel, trade, tourism, food supplies, and financial markets.

To reduce the impact of COVID-19 outbreak conditions on businesses, workers, customers, and the public, it is important for all employers to plan now for COVID-19. For employers who have already planned for influenza pandemics, planning for COVID-19 may involve updating plans to address the specific exposure risks, sources of exposure, routes of transmission, and other unique characteristics of SARS-CoV-2 (i.e., compared to pandemic influenza viruses). Employers who have not prepared for pandemic events should prepare themselves and their workers as far in advance as possible of potentially worsening outbreak conditions. Lack of continuity planning can result in a cascade of failures as employers attempt to address challenges of COVID-19 with insufficient resources and workers who might not be adequately trained for jobs they may have to perform under pandemic conditions.

The Occupational Safety and Health Act (the Act) was enacted to regulate workplace safety and health. The Act is administered by the Occupational Safety and Health Administration (OSHA).

The Act and its accompanying regulations identify a significant number of recognized hazards and establish safety and health standards to address them. However, even when no standard specific to a recognized hazard applies, the Act requires employers to look after their employees’ general safety and health.

On March 25, 2016, the Occupational Safety and Health Administration (OSHA) issued a final rule regarding respirable crystalline silica. Under this rule, employers are subject to new standards for protecting workers. The rule became effective on June 23, 2016.

However, employers in the construction industry had until Sept. 23, 2017, to comply with the rule. Employers in the maritime and general industries had until June 23, 2018, to comply.