The United States Supreme Court blocked OSHA’s Emergency Temporary Standard (ETS) related to COVID vaccine mandates last week. However, OSHA’s General Duty Clause is still broadly applicable and being enforced. Over 18,000 complaints have been filed and over $4 million dollars in fines have been assessed against employers when workers were found not adequately protected from occupational exposure to COVID-19.
On a related topic, OSHA 300A summaries must be posted by February 1st through April 30th for 2021 injuries and illnesses. Electronic submission for certain employers (based on size and industry) is March 2, 2022.
Remember that 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;
- 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).
Visit OSHA at Recordng COVID Workplace Exposures and Injury and Illness Recordkeeping and Reporting Requirements page for more information.