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Ex. DUT-FED-006 Standing duty Primary source read

29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration · United States (Federal)

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
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

29 U.S.C. 666

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).