Employers Do Not Need To Record Adverse COVID-19 Vaccine Reactions On Their OSHA Form 300 Log – Employment and HR – United States – Mondaq News Alerts

27 May 2021

Seyfarth Shaw LLP

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SeyfarthSynopsis:OSHA recentlyissuedadditionalguidanceaddressing whether employers need to record anemployee's adverse vaccine reaction on their 300 Log.

Earlier this year, webloggedabout OSHA's guidance that anadverse reaction to the COVID-19 vaccine is recordable if thereaction is: (1) work-related, (2) a new case, (3) meets one ormore of the general recording criteria in 29 CFR 1904.7 (e.g., daysaway from work, restricted work or transfer to another job, medicaltreatment beyond first aid), and (4) the vaccine is required foremployees.

As the COVID-19 vaccine initiative continues to be a toppublic-health priority in the United States, federal OSHArevisedthisguidance to say it "will not enforce 29 CFR 1904'srecording requirements to require any employers to record workerside effects from COVID-19 vaccination through May 2022." Inother words, employers now have no duty to analyze whether anadverse reaction to the vaccine is work-related and otherwiserecordable. In all cases across all industries, OSHA indicates itwill simply not enforce the recordkeeping standard with respect toadverse COVID-19 vaccine reactions.

Neither OSHA's prior nor its updated guidance addressreporting of serious illnesses, meaning the requirement foremployers to call OSHA and report an adverse vaccine reaction thatresults in a death within 30 days or an in-patient hospitalizationfor medical treatment within 24 hours. Presumably, OSHA wouldexercise the same discretion for voluntary vaccinations, but theissue is not entirely clear.

OSHA justified this shift in policy as part of its efforts toencourage vaccination. The guidance states, "OSHA does notwish to have any appearance of discouraging workers from receivingCOVID-19 vaccination, and also does not wish to disincentivizeemployers' vaccination efforts."

This should be welcome news to employers, many of whom have alsomade employee vaccination a priority. Employers who might haveshied away from workplace vaccine mandates given the potentialrecordkeeping ramifications may now move forward with lessconcern.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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Employers Do Not Need To Record Adverse COVID-19 Vaccine Reactions On Their OSHA Form 300 Log - Employment and HR - United States - Mondaq News Alerts