Recording workplace exposures to COVID-19
OSHA recordkeeping requirements at 29 CFR Part 1904 mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log.
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 met:
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).
Visit OSHA’s Injury and Illness Recordkeeping and Reporting Requirements page for more information.
This section highlights OSHA standards and directives (instructions for compliance officers) and other related information that may apply to worker exposure to novel coronavirus, COVID-19.
There is no specific OSHA standard covering COVID-19. However, some OSHA requirements may apply to preventing occupational exposure to COVID-19. Among the most relevant are:
OSHA's Personal Protective Equipment (PPE) standards (in general industry, 29 CFR 1910 Subpart I), which require using gloves, eye and face protection, and respiratory protection.
When respirators are necessary to protect workers, employers must implement a comprehensive respiratory protection program in accordance with the Respiratory Protection standard (29 CFR 1910.134).
OSHA has issued temporary guidance related to enforcement of respirator annual fit-testing requirements for healthcare.
The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker “employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.”
OSHA’s Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood and other potentially infectious materials that typically do not include respiratory secretions that may transmit COVID-19. However, the provisions of the standard offer a framework that may help control some sources of the virus, including exposures to body fluids (e.g., respiratory secretions) not covered by the standard.
State Standards
There are twenty-eight OSHA-approved State Plans, operating state-wide occupational safety and health programs. State Plans are required to have standards and enforcement programs that are at least as effective as OSHA's and may have different or more stringent requirements.
The California Division of Occupational Safety and Health (Cal/OSHA) Aerosol Transmissible Diseases (ATD) standard is aimed at preventing worker illness from infectious diseases that can be transmitted by inhaling air that contains viruses (including COVID-19), bacteria or other disease-causing organisms. While the Cal/OSHA ATD standard is only mandatory for certain healthcare employers in California, it may provide useful guidance for protecting other workers exposed to COVID-19.
Employers must also protect their workers from exposure to hazardous chemicals used for cleaning and disinfection. Employers should be aware that common sanitizers and sterilizers could contain hazardous chemicals. Where workers are exposed to hazardous chemicals, employers must comply with OSHA's Hazard Communication standard (in general industry, 29 CFR 1910.1200), Personal Protective Equipment standards (in general industry 29 CFR 1910 Subpart I) and other applicable OSHA chemical standards. OSHA provides information about hazardous chemicals used in hospitals in the Housekeeping section of its Hospital eTool.
Other relevant OSHA standards
Depending on the specific work task, setting, and exposure to other biological or chemical agents, additional OSHA requirements that may apply include:
Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)Related Information29 CFR 1904 – Recording and Reporting Occupational Injuries and Illness
General Industry (29 CFR 1910)Related Information1910 Subpart I – Personal Protective Equipment1910.132, General requirements
1910.133, Eye and face protection
1910.134, Respiratory protection
1910.138, Hand protection
Subpart Z – Toxic and Hazardous Substances
1910.1020, Access to employee exposure and medical records
1910.1030, Bloodborne pathogens
1910.1200, Hazard communication
1910.1450, Occupational exposure to hazardous chemicals in laboratories
Federal Agencies (29 CFR 1960)Related Information29 CFR 1960 – Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters
Enforcement Memorandum
In light of the Presidential Memorandum on making general use respirators available for healthcare workers during the COVID-19 outbreak, OSHA has issued temporary enforcement guidance for the Respiratory Protection standard (29 CFR 1910.134) regarding required annual fit-testing (paragraph (f)(2)), which is to take effect from the date of the memorandum (March 14, 2020) and remain in effect until further notice. See the memorandum for complete details.
Additional Directives
Note: The "Directives" bullets above link to directives related to each OSHA standard. The directives in this list provide additional information that is not necessarily connected to a specific OSHA standard highlighted on this Safety and Health Topics page.
Rules of agency practice and procedure concerning OSHA access to employee medical records. CPL 02-02-072, (August 22, 2007). Provides guidance to OSHA personnel concerning rule application and agency practice and procedure set forth at 29 CFR 1913.10 when accessing personally identifiable worker medical records. Guidance also covers authorization by the Assistant Secretary to conduct a limited worker medical information review when: 1) OSHA standards require such information; and 2) there is a need to gain access to determine compliance.
Workers’ Rights and Employers’ Responsibilities
Section 11(c) of the Occupational Safety and Health Act of 1970, 29 USC 660(c), prohibits employers from retaliating against workers for raising concerns about safety and health conditions. Additionally, OSHA's Whistleblower Protection Program enforces the provisions of more than 20 industry specific federal laws protecting employees from retaliation for raising or reporting concerns about hazards or violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, and tax laws. OSHA encourages workers who suffer such retaliation to submit a complaint to OSHA as soon as possible in order to file their complaint within the legal time limits, some of which may be as short as 30 days from the date they learned of or experienced retaliation. An employee can file a complaint with OSHA by visiting or calling his or her local OSHA office; sending a written complaint via fax, mail, or email to the closest OSHA office; or filing a complaint online. No particular form is required and complaints may be submitted in any language.
OSHA provides recommendations intended to assist employers in creating workplaces that are free of retaliation and guidance to employers on how to properly respond to workers who may complain about workplace hazards or potential violations of federal laws. OSHA urges employers to review its publication:Recommended Practices for Anti-Retaliation Programs (OSHA 3905 - 2017).
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