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OSHA issues guidance on when to report COVID-19 hospitalizations, fatalities

December 2020 employment law letter
Authors: 
Brad R. Kolling, Felhaber Larson

As a follow-up to its May 2020 enforcement guidelines on recording workplace COVID-19 cases, the Occupational Safety and Health Administration (OSHA) has issued additional guidance to employers for reporting coronavirus-related hospitalizations and fatalities.

Hospitalizations

OSHA reiterated that employers must report inpatient hospitalizations to the agency if they occur within 24 hours of a work-related incident. In COVID-19 cases, an “incident” is an exposure to the virus in the workplace.

For the hospitalization to be reportable to OSHA, the employer must know it was triggered by a work-related case of COVID-19. If it’s found to be work-related after the fact, the employer must report the hospitalization within 24 hours of the determination.

Fatalities

If a death occurs within 30 days of a workplace exposure to COVID-19, the employer must report the fatality to OSHA within eight hours. If the fatality occurs within 30 days of the incident but the connection isn’t made until later, the employer must report it within eight hours of the determination.

Employers, be aware: OSHA’s new guidance doesn’t replace the reporting requirements already in place under 29 C.F.R. 1904.39. Minnesota OSHA adopted the reporting requirements, which became effective on October 1, 2015.

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