OSHA won’t enforce COVID-19 recordkeeping, reporting requirements under Healthcare ETS

OSHA will not enforce COVID-19 recordkeeping and reporting requirements under its Healthcare Emergency Temporary Standard (Healthcare ETS) at 1910.502. In a February 5 enforcement memorandum, the agency stated:

“Effective immediately and until further notice, OSHA will not enforce those COVID-19 recordkeeping and reporting requirements. Therefore, OSHA will not cite employers for violations of the requirement to establish, maintain, and provide copies of a COVID-19 log under 29 CFR §1910.502(q)(2)(ii) and (q)(3)(ii)-(iv) or to report COVID-19 fatalities and hospitalizations under 29 CFR 1910.502(r) … OSHA will continue to enforce applicable recordkeeping and reporting requirements under 29 CFR part 1904.”

This means that while the COVID-19 log and reporting provisions under 1910.502 remain in effect, OSHA is using its enforcement discretion not to enforce those particular regulations until further notice.

In June 2021, OSHA issued a Healthcare ETS (29 CFR 1910 Subpart U) to protect workers from COVID-19 in healthcare settings and where healthcare services were provided. In December 2021, the agency withdrew the non-recordkeeping and reporting portions of the Healthcare ETS but retained the COVID log and reporting provisions at 1910.502(q)(2)(ii), (q)(3)(ii)-(iv), and (r).