OSHA has issued an updated enforcement policy for recording and reporting COVID-19 cases. This memorandum is to inform you that, effective immediately and until further notice, OSHA is exercising its enforcement discretion to NOT cite employers for violations of 29 CFR Part 1904 for failure to record COVID-19 cases or to report COVID-19 fatalities and hospitalizations. This brings the enforcement policy for COVID-19 cases in line with OSHA’s treatment of common cold and flu cases, which are excepted from OSHA’s Part 1904 recordkeeping requirements under 29 CFR 1904.5(b)(2)(viii). The new policy applies to all establishments covered by the recordkeeping and reporting requirements in 29 CFR Part 1904.
OSHA notes that it has also proposed removing OSHA’s COVID-19 Emergency Temporary Standard, 29 CFR 1910 subpart U, and its associated recordkeeping and reporting provisions for employers that provide healthcare and healthcare support services (90 Fed. Reg. 28336 (July 1, 2025)). While that rulemaking is pending, OSHA is continuing the enforcement stay announced February 5, 2025, and 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). This memorandum replaces that February 5, 2025 Memorandum, which has been archived on OSHA’s website.
CLICK HERE to see the full enforcement policy