Reporting COVID-19 Cases to OSHA:  Clearing up the Confusion

When it comes to COVID-19, what defines an "incident" and when does the clock start ticking for reporting?

OSHA has existing injury and illness recording and reporting requirements for work related incidents. To help an employer determine if they have a scenario that meets these requirements, the U.S. Department of Labor has an interactive online tool called the OSHA Recordkeeping Advisor.

In May of 2020, OSHA released their Enforcement Guidance for Recording Cases of Coronavirus to define requirements specific to COVID-19. It states that COVID-19 is a recordable illness if:

1. The case is a confirmed case of COVID-19, as defined by the Centers for Disease Control and Prevention (CDC), which at this time means an individual with at least one respiratory specimen that tested positive for the virus that causes COVID-19;
2. The case is work-related as defined by 29 CFR § 1904.5; and
3. The case involves one or more of the general recording criteria set forth in 29 CFR § 1904.7.

Recently, OSHA updated its frequently asked questions and answers (FAQs) document to further clarify the reporting of incidents resulting from the coronavirus. Two items clarified by OSHA were:

• the meaning of the term “incident” as it relates to work-related coronavirus in-patient hospitalizations and fatalities; and
• how to calculate reporting deadlines for in-patient hospitalizations and fatalities resulting from COVID-19. (Note: Under 29 CFR 1904.39(b)(6), an in-patient hospitalization need only be reported if it occurs within 24 hours of the work-related incident. Fatalities are to be reported if they occur within 30 days of the incident.)

First, the easy part. According to OSHA, as it pertains to COVID-19, an incident means, “an exposure to SARS-CoV-2 in the workplace.” Now, for the not so easy part! The following is verbatim, but we’ve broken it down for easier digestion:

• …in order to be reportable, an in-patient hospitalization due to COVID-19 must occur within 24 hours of an exposure to SARS-CoV-2 at work. The employer must report such hospitalization within 24 hours of knowing both that the employee has been in-patient hospitalized and that the reason for the hospitalization was a work-related case of COVID-19. 
• …in order to be reportable, a fatality due to COVID-19 must occur within 30 days of an exposure to SARS-CoV-2 at work.  The employer must report the fatality within eight hours of knowing both that the employee has died and that the cause of death was a work-related case of COVID-19. https://www.osha.gov/SLTC/covid-19/covid-19-faq.html#reporting

What this is clarifying is that the clock starts ticking once the employer knows BOTH parts of the equation…that there was an in-patient hospitalization or fatality AND that the reason or cause was a work-related case of COVID-19.

Keep in mind that this guidance is federal. Based on the location of your business, there may also be state specific requirements.

Get an Expert - Having an expert assist you in developing a COVID-19 Safety Management Program is the best way to meet today's challenges. Need help with respiratory protection solutions and/or your infectious disease preparedness plan? The good news is SafeLink Consulting has simplified this process for you! We are ready to help you get this done quickly and economically.  Contact us today for assistance. Complete the info request form or call 800.330.6003 or 470.533.2581. or set up a meeting with Sandy to learn more.

Learn more about COVID-19 Infection Control for Dentistry

Learn more about what SafeLink Consulting can do to help your business with compliance services, including safety compliance, to meet OSHA training requirements and quality system consulting to meet FDA compliance.  SafeLink Consulting assists businesses with workplace safety training, infection control training, HIPAA training online, quality systems, assessments, audits, due diligence, and more.

Industries include:

Dentistry compliance - assisting the dental practice with meeting requirements for OSHA, HIPAA, EPA, and CDC guidelines, patient safety and employee health & safety

Dental Laboratory compliance - assisting the dental lab with meeting requirements for OSHA, FDA, and CDC guidelines, employee health & safety, plus FDA requirements for lab manufacturing custom implant abutment /gmp for medical device manufacturers

Medical Device Manufacturers compliance - assisting with meeting OSHA compliance & FDA requirements, GMP - good manufacturing practices

General Industry compliance - assisting with OSHA compliance and FDA compliance as it pertains to the specific business

Beverage Industry compliance - assisting beverage businesses such as the craft brewery, winery, cidery, distillery, vintner with meeting OSHA compliance, health & safety, FDA requirements / GMP - Good Manufacturing Practices.

Get notification when new regulatory compliance training courses are added plus upcoming events by subscribing to our email news.