COVID-19 – OSHA Reporting & Recording Requirements

Question 1: Do I have to RECORD a COVID-19 illness on my OSHA 300 log?

Answer:

Earlier this month, Coronavirus (COVID-19) was not specifically “included” in OSHA’s illness definition (“both acute and chronic illnesses, such as, but not limited to, a skin disease, respiratory disorder, or poisoning”).

However, OSHA has now confirmed COVID-19 is considered a recordable illness. BUT, the illness must be confirmed as work-related.   

Thus, only confirmed cases should be considered an “illness” and recordable if they meet the recordable criteria of a “fatality, days away from work, restricted duty or medical treatment beyond first aid”.

We recommend employers assess the worksite environment, the type of work and tasks performed, the risk of transmission from person-to-person and other factors such as community spread. This process can help identify and minimize the potential for illness.

Question 2: My employee went to the hospital to be tested for COVID-19. Do I have to call Cal-OSHA to REPORT the illness?

Answer:

The new Cal-OSHA reporting requirements under AB 1804 removed the 24-hour in-patient hospitalization. So now any potential “Serious” illness (redefined under AB 1805) resulting in a hospital visit requires employers to report to Cal-OSHA.

(For more information on “Serious” and “Reporting”, please review our Assembly Bills 1804 & 1805 blog/video.

However, since COVID-19 cases are not immediately confirmed to be work related, contacting OSHA might be pre-mature. Additionally, if the in-patient hospitalization occurs after 24 hours from the workplace incident leading to the illness, an employer is not required to report.

Furthermore, given that COVID-19 is now a global pandemic, it will be difficult to prove that the employee was AT GREATER RISK while at work and that the case is ACTUALLY WORK RELATED and thus the claim is therefore compensable under Workers’ Compensation, recordable on your OSHA 300 and reportable to Cal-OSHA.