MNOSHA adopts permanent recordkeeping, reporting standards for COVID-19

On June 21, 2021, federal OSHA issued an emergency temporary standard (ETS) in the Federal Register to protect workers providing health care support services. On Dec. 27, 2021, federal OSHA announced it was withdrawing the non-recordkeeping portions of the health care ETS, while keeping the COVID-19 log and reporting provisions of CFR 1910.502(q)(2)(ii), (q)(3)(ii)-(iv) and (r) in effect, because they were adopted under a separate provision of the OSH Act, section 8.

Minnesota OSHA (MNOSHA) has adopted certain provisions of the health care ETS published in the Federal Register on June 21, 2021. MNOSHA has adopted the Federal Register notice for "Occupational Exposure to COVID-19; Emergency Temporary Standard,” with the exception of 29 CFR 1910.502 (c) to (p) and (s), 29 CFR 1910.504, 29 CFR 1910.505 and 29 CFR 1910.509.

This rule adoption incorporates by reference paragraphs of the health care ETS that include the recordkeeping requirements for a COVID-19 log. This requires covered employers with more than 10 employees to record COVID-19 cases of their employees on their COVID-19 log if a worker is infected by COVID-19, regardless of whether the instance is connected to exposure at work.

This rule adoption also requires covered employers to report to MNOSHA each work-related COVID-19 fatality within eight hours of the employer learning about the fatality, and each work-related in-patient hospitalization within 24 hours of the employer learning about the hospitalization, regardless of when the fatality or hospitalization occurred. As stated in 29 CFR 1910.502(r)(2), the employer must follow the requirements in 29 CFR 1904.39, except for 29 CFR 1904.39(a)(1) and (2) and (b)(6).

On Aug. 22, 2022, MNOSHA proposed adopting these COVID-19 recordkeeping and reporting provisions by reference in the State Register (Volume 47, Number 8, pages 121-122). On Nov. 21, 2022, these rules were adopted in the State Register as proposed.