Q - A: When to record COVID-19 workplace exposures on OSH Act Log

Q One of our nursing home employees who was exposed to a COVID-19-positive resident just returned to work from a 14-day quarantine after testing negative. Do we have to record it in the Occupational Safety and Health Act (OSH Act) logs?

No. The OSH Act requires you to record a COVID-19 case if (1) healthcare officials confirm it, (2) it's work-related, and (3) it results in death, days away from work, restricted work, or medical treatment. Although your employee was exposed to the coronavirus at work and completed the quarantine, she wasn't diagnosed with the disease by a healthcare official.

Recording confirmed COVID-19 cases in an OSH Act log is distinguishable from reporting confirmed, work-related cases directly to the Occupational Safety and Health Administration (OSHA). If you learn an employee has been hospitalized with a confirmed coronavirus case resulting from a work-related exposure, you must report the incident to OSHA within 24 hours. The incident should be recorded on your OSH Act log as well.

Hannah Wurgaft is an attorney with Brann & Isaacson in Lewiston, Maine. You can reach her at hwurgaft@brannlaw.com.