The COVID Project
The record
- Jurisdiction
- United States
- Level
- Federal
- Authority
- 29 U.S.C. 657(c), 673; 29 C.F.R. part 1904
- Issued
- 2001-01-19 Jan. 19, 2001
- Effective
- standing (read as 2001-01-19)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Jan. 19, 2001 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- all employers covered by the OSH Act (recording: employers with more than ten employees not in a partially exempt industry; reporting: all employers)
- Character
- regulatory duty
- Collection
- Standing duties: Federal layer DUT-FED
Operative words
§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.
Penalty
What it required
Employers with more than ten employees outside the partially exempt industries had to record each work-related COVID-19 case meeting the § 1904.7 criteria on the OSHA 300 log, and every employer had to report a work-related COVID-19 death within eight hours and an in-patient hospitalization within twenty-four hours. OSHA's April 10 and May 19, 2020 memoranda state that 'COVID-19 is a recordable illness' when confirmed, work-related and meeting the recording criteria, and that the § 1904.5(b)(2)(viii) cold-and-flu exception does not apply (Exs. AGY-FED-LABOR-IMMIGRATION-019, -023). Reporting and recording citations (1904.39(a)(1), 1904.4(a)) were the second most frequent COVID-19 citations (Exs. DUT-FED-020, -067; AGY-FED-LABOR-IMMIGRATION-033).