As many of you are aware, on Thursday, June 10, 2021, OSHA released the text of its much-anticipated COVID-19 emergency temporary standard which will apply only to the healthcare industry and in healthcare settings. For more details on whether this applies to you go to OSHA’s fact sheet “Is Your Workplace Covered by the ETS”.
In this edition, we will review the new requirements related to tracking and reporting along with reviewing previous guidance for determining work relatedness. Compliance with the tracking and reporting portions are required within 14 days following publication in the Federal Register.
Tracking: COVID-19 Log 1910.502(q)(2)(ii)
Employers with more than 10 employees must establish and maintain a COVID-19 log. On this log, the employer will record all instances where an employee is COVID-19 positive, regardless of whether the exposure is connected to a work-related event. The COVID-19 log must include the following:
- Employee’s name
- Contact Information
- Location where employee worked
- Date of employee’s last day in the workplace
- Date of either a) positive COVID-19 test, or b) COVID-19 positive diagnosis
- Date of onset of symptoms (if any were experienced)
This information must be recorded on the log within 24 hours of the employer learning that the employee is COVID-19 positive. This log is to be considered as if it were a confidential medical record and must be preserved as long as the ETS remains in effect. This log must be made available by the end of the next business day for the following requests:
- Individual employee entries can be observed by that specific employee or anyone having written authorization from that employee.
- De-identified version of the log (removal of names, contact information, and occupation) to any employee, their personal representatives, and their authorized representatives.
- Full version available to Assistant Secretary
OSHA Recordability and Determination of Work-Relatedness
Footnote in standard after section 1910.502(q). Employers will continue to record all work-related confirmed cases of COVID-19 on the OSHA 300, 300A, and 301 (or equivalent) forms as required under 1904. For guidance on how to determine work-relatedness specifically for COVID-19 follow the 5/19/2020 Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19).
OSHA Reporting 1910.502(r)
OSHA has essentially removed the well-established time frames surrounding reporting of hospitalizations and fatalities when the employee has a confirmed work-related exposure to COVID-19.
- Fatalities – removed the 30 days after exposure. Must call OSHA within 8 hours of any employee COVID-19 related death regardless of how many days lapse after the exposure.
- Hospitalization – removed the 24 hours after exposure. Must call OSHA within 24 hours of any employee COVID-19 related hospitalization regardless of how many days lapse between the exposure and the hospitalization.