Recording and Reporting Requirements for COVID-19 Cases

There have been a number of questions regarding recording and reporting requirements for COVID-19 cases. Review the resources listed below to ensure your company is in compliance with current state and federal mandates.

Cal/OSHA

The California Department of Industrial Relations has issued a FAQ on recording and reporting requirements for COVID-19 cases. Among the questions addressed include:

Recording

• Do employers have to record COVID-19 illnesses on their Log 300?
• Does a COVID-19 case have to be confirmed to be recordable?
• How does an employer determine if a COVID-19 case is work-related for recordkeeping purposes?
• Is time an employee spends in quarantine considered “days away from work” for recording purposes?

Reporting

• When do employers have to report COVID-19 illnesses to Cal/OSHA?
• What if the employee became sick at work but the illness is not work-related?
• What if an employee started to show symptoms outside of work?
• Do I report an illness even if COVID-19 has not yet been diagnosed?
• Am I admitting to liability when I report a serious illness?
• How does the Governor’s Executive Order on COVID-19 and workers’ compensation eligibility affect Cal/OSHA reporting and recording requirements?

Click here to access the Cal/OSHA Recording and Reporting Requirements for COVID-19 Cases FAQ.

Federal OSHA

The U.S. Department of Labor has issued OSHA standards and directives (instructions for compliance officers) and other related information that may apply to worker exposure to COVID-19, including guidance on recording workplace exposures.

OSHA recordkeeping requirements mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log (29 CFR Part 1904). COVID-19 can be a recordable illness if a worker is infected as a result of performing their work-related duties. However, employers are only responsible for recording cases of COVID-19 if all of the following are true:

• The case is a confirmed case of COVID-19 (see CDC information on persons under investigation and presumptive positive and laboratory-confirmed cases of COVID-19);
• The case is work-related (as defined by 29 CFR 1904.5); and
• The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7 (e.g., medical treatment beyond first aid, days away from work).

Employers should also consult OSHA's enforcement memos for recording cases of COVID-19.

Visit OSHA's Injury and Illness Recordkeeping and Reporting Requirements page for more information.

Click here to access the Federal OSHA COVID-19 Standards.

For more information, please contact Ken Cooper at kcooper@wgis.com.