Washington — OSHA will no longer cite employers for failing to report COVID-19-related deaths, hospitalizations or cases, according to a recent agency memo.
“The U.S. COVID-19 public health emergency ended on May 11, 2023, and COVID-19 cases and reporting are now treated by the Centers for Disease Control and Prevention and medical professionals more like the flu,” the memo states. “Further, detection of COVID-19 cases and the public health surveillance mechanisms for COVID-19 have changed since 2021, and the source of COVID-19 infections can be more difficult to determine now than during the public health emergency.”
The new policy is 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).”
In a February 2025 memo, OSHA said it would no longer cite health care employers, under 1910.502, for failure to establish, maintain and provide copies of a COVID-19 log, nor for any failure to report COVID-19-related deaths and hospitalizations.
In December 2021, OSHA withdrew all but the recordkeeping portions of its COVID-19 emergency temporary standard for health care employers.
The agency is seeking to remove the ETS from the Code of Federal Regulations, but rulemaking is currently pending.
“OSHA will continue to monitor for any new developments involving COVID-19 in the workplace and will revisit this policy as appropriate,” the agency says in its recent memo.
