COVID-19 — reminder that any incidents of employees contracting the Novel Coronavirus at work are recordable illnesses

UPDATE:  Nov. 21, 2022, MNOSHA adopts permanent recordkeeping, reporting standards for COVID-19

This rule adoption incorporates by reference paragraphs of the health care ETS that include the recordkeeping requirements for a COVID-19 log. This requires covered employers with more than 10 employees to record COVID-19 cases of their employees on their COVID-19 log if a worker is infected by COVID-19, regardless of whether the instance is connected to exposure at work.

This rule adoption also requires covered employers to report to MNOSHA each work-related COVID-19 fatality within eight hours of the employer learning about the fatality, and each work-related in-patient hospitalization within 24 hours of the employer learning about the hospitalization, regardless of when the fatality or hospitalization occurred.

An employee who has had contact with someone who has or may have COVID-19 is not the same as the employee contracting the disease. The actual first report of injury should only be filed if an employee tests positive for the disease as a result of performing their work-related duties. While OSHA specifically exempts employers from reporting common colds or flu in the workplace, COVID-19 is not exempt. Visit OSHA's Injury and Illness Recordkeeping and Reporting Requirements page for more information.

There is no specific OSHA standard covering COVID-19. However, some OSHA requirements may apply to preventing occupational hazard to COVID-19. The General Duty Clause (Section 5(a)(1) of the Occupational Safety and Health Act of 1970) may apply. The statute requires employers to ensure on-the-job conditions are free of serious hazards that can cause death, illness, or injury. The bloodborne pathogens and personal protective equipment (PPE) standards also apply in certain circumstances.

The Occupational Safety and Health Administration also advises employers to develop an infectious disease preparedness and response plan, implement basic infection prevention measures and develop policies for the identification and isolation of ill individuals.

Resources from MNOSHA Compliance Novel Coronavirus (COVID-19):

• Centers for Disease Control and Prevention: Coronavirus disease 2019
• Federal OSHA: COVID-19
• Minnesota Department of Health: Coronavirus disease 2019 (COVID-19)

Submitted by: Julie Jelen, Loss Control Consultant