- A new case under 29 CFR 1904.6 (the employee has not previously experienced a recorded injury or illness of the same type that affects the same part of the body or the employee previously experienced a recorded injury or illness of the same type that affected the same part of the body but had recovered completely and an event or exposure in the work environment caused the signs or symptoms to reappear); and
- Meets one or more of the general recording criteria in 29 CFR 1904.7 (it results in death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, or involves significant injury or illness diagnosed by a physician or other licensed health care professional).
Employers do not need to record adverse reactions to recommended vaccines based on current OSHA guidance; however, the vaccine must be truly voluntary. This means, an employee who chooses not to receive the vaccine cannot suffer any repercussions from this choice. If employees are not free to choose whether or not to receive the vaccine without fearing adverse action, then it would be recordable if it is also a new case and meets one or more of the general recording criteria.
Employers (particularly those with employees in California) should also monitor state specific reporting requirements, which may differ from and be more stringent than the federal OSHA guidance detailed above.
UPDATE: OSHA reversed this guidance and employers are no longer required to record adverse reactions to the COVID-19 vaccine. More information about this update is available here.
For questions about vaccination and navigating COVID-19 in the workplace, contact the Barran Liebman team at 503-228-0500.
Electronic Alerts are written by Barran Liebman attorneys for their clients and friends. Alerts are not intended as legal advice, but as employment law, labor law, and employee benefits announcements. If this has been forwarded to you, and you would like to begin receiving Electronic Alerts directly, please email or call Traci Ray at 503-276-2115. Copyright ©2022 by Barran Liebman LLP.
Las Alertas electrónicas son escritas por abogados de Barran Liebman para sus clientes y amigos. Las Alertas no son proveídas como asesoramiento legal, sino solo como anuncios de leyes de empleo, leyes laborales y beneficios de empleo. Si esto ha sido remetido a usted y quisieras empezar a recibir las Alertas directamente, por favor mándanos un correo electrónico o llama a Traci Ray al 503-276-2115. Derechos de autor ©2022 por Barran Liebman LLP.