OSHA Recordkeeping and COVID-19

Cool Insuring Agency, Inc., as the Administrator of the LeadingAge-endorsed insurance program, has received many calls and inquiries regarding the recordability of COVID-19 cases that occur among staff members. The key question is one of work-relatedness. Note that COVID-19 cases have to be work-related before they are recordable on the OSHA 300 log for healthcare-related facilities. Thus, the event or exposure that led to the illness must occur in the work environment. Note that the “work environment” would include facilities that an employee works in as well as any home environments or other areas that personnel would normally go to as a part of their work. This is a link to the official OSHA website that details "Determination of work-relatedness." https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.5 Please open this link to see the entire section of the OSHA Recordkeeping rules as they pertain to work-relatedness. The bottom line is that if there is evidence that a COVID-19 infection occurred at work, or you know of exposures at work that could have led to an infection, the presumption is that it was work-related.

Of particular note are the following sections of 29 CFR 1904.5:

• 1904.5(a) Basic Requirement You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in §1904.5(b)(2) specifically applies.
• 1904.5(b)(1) Work environment definition What is the "work environment"? OSHA defines the work environment as "the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work."
• 1904.5(b)(2)(viii) You are not required to record injuries and illnesses if… This is perhaps the most important section. COVID-19 is being considered in the same vein as contagious diseases and therefore recordable "if the employee is infected at work."

Also note that if you have a work-related case of COVID-19, it would also have to be reported (called in) to OSHA:

• Within 8 hours if it results in a fatality
• Within 24 hours if it results in an in-patient (admitted overnight) hospitalization
• The reporting period begins as soon as the employer learns of the fatality or in-patient hospitalization of an employee due to work-related COVID-19. We recommend that you monitor any work-related cases once you are aware of them.
• There are OSHA area offices around the state that can be found at this link if you need to contact them: https://www.osha.gov/contactus/bystate/NY/areaoffice

Also of note is that OSHA recordability and whether an injury or illness is compensable under workers compensation are often two different things. Please check with our claims manager, Matt Webber mrwebber@coolins.com, Main # 518-783-2665, Direct: 518-556-3146 for issues related to Workers Compensation claims.

This should be shared with the person(s) that complete the OSHA 300 log and any other interested parties. This is commonly the Human Resources department but not always.

If you have any questions about OSHA recordkeeping or any other OSHA issue, please contact Mike Plunkett at Cool Insuring Agency, Inc.

Office: 518-783-2665

             1-800-233-0115

Cell: 518-365-6313

Email: mcplunkett@coolins.com