OSHA Suspends Recordkeeping Enforcement of Adverse Reactions to Employer Mandated COVID-19 Vaccinations

May 24, 2021

MCAA reported previously that if your company requires a worker to get vaccinated and that worker has an adverse reaction to the vaccine, and the results of the adverse reaction meet the criteria for an OSHA recordable injury (medical treatment beyond first aid, days away from work, etc.), OSHA considers the case to be “work-related,” and employers are required to treat the case as a “recordable illness.”

The DOL, OSHA, and other federal agencies, are working diligently to encourage COVID-19 vaccinations. OSHA does not wish to discourage workers from receiving the COVID-19 vaccination, or disincentivize employers’ vaccination efforts. As a result, OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022. The agency will reevaluate the agency’s position at that time to determine the best course of action moving forward.

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