Client Alerts & Insights
OSHA Provides New Guidance on Reporting COVID-19 Hospitalizations and Deaths
October 5, 2020
Authored By:
OSHA released its latest guidance on when employers must notify it of workers being hospitalized or dying because of COVID-19. The new guidelines provide the following changes for reporting purposes:
Hospitalization
- Prior guidance stated that hospitalization must be reported within 24 hours of diagnosis.
- New guidance states that hospitalization must be reported within 24 hours from the on-the-job exposure and hospitalization.
Fatality
- Prior guidance stated fatality must be reported if it occurs within 30 days of diagnosis.
- New guidance states fatality must be reported if it occurs within 30 days from on-the-job exposure.
In essence, employers now need to determine the date and time of exposure, not diagnosis. Additionally, if a fatality occurs due to the on-the-job exposure, employers must notify OSHA within eight hours of knowing both that the employee has died, and that the cause of death was a work-related case of COVID-19.
The above reporting requirements apply to reporting only, not recordkeeping. However, employers should nevertheless ensure that they comply with OSHA’s recordkeeping requirements. The OSHA 300 Log must be updated and an OSHA 301 Report must be completed upon receipt of notice that an employee suffered a work-related COVID-19 illness, which would typically require days away from work.
OSHA’s latest guidance applies to employers subject to federal OSHA standards. Employers with operations in states with their own safety and health agencies and regulations should review their state requirements. Employers who have questions regarding their OSHA reporting or recordkeeping requirements should consult with their attorneys or safety consultants.
If you have any questions, we encourage you to reach out to your Benesch contact or one of the attorneys below to discuss.
Joseph N. Gross at jgross@beneschlaw.com or 216.363.4163.
Joseph R. Blalock at jblalock@beneschlaw.com or 614.223.9359.
Brad Wenclewicz at bwenclewicz@beneschlaw.com or 216.363.6191
***
Please note that this information is current as of the date of this Client Alert, based on the available data. However, because COVID-19’s status and updates related to the same are ongoing, we recommend real-time review of guidance distributed by the CDC and local officials.
Latest News
Supreme Court Clarifies Judicial Estoppel Standard in Bankruptcy Nondisclosure Cases
The U.S. Supreme Court rejected a rigid rule that often blocked debtors from pursuing claims they failed to disclose in bankruptcy. Courts must now look at the full circumstances before deciding whether an omission was intentional or an honest mistake.
Federal Court Hands Major Win to Tissue Product Manufacturers – FDA’s HCT/P Classification Decision for Umbilical Cord–Derived Product CORDGRAFT Rejected
On March 18, 2026, Chief Judge Brian C. Wimes of the U.S. District Court for the Western District of Missouri issued a significant decision overturning the U.S. Food and Drug Administration’s (“FDA”) classification of Vitti Labs’ umbilical cord–derived product, CORDGRAFT.
Science-Backed But Not FDA-Approved: New Lawsuit Challenges FDA’s Rejection of 114 Health-Related Advertising Claims
A new lawsuit challenges the FDA’s rejection of 114 health-related advertising claims for supplements, arguing that the agency’s narrow interpretation of what counts as an “authoritative statement” unfairly blocks science-backed—but not FDA-approved—claims from appearing on product labels.
When ChatGPT Lies: What the First Wave of AI Defamation Cases Means for Plaintiffs
The common argument made by plaintiffs that differences in alleged misrepresentations are transcended by the center of the gravity of the alleged fraud should not be addressed through the typical approach of just comparing the level of variance of the representations in the case at issue with that in the relevant precedent.