OSHA Reverses Decision; Adverse Reactions to COVID-19 Vaccine NOT Recordable Incident
(May 26, 2021) - Last week, SC&RA reported that OSHA would require an employer to record adverse reactions to a COVID-19 vaccination if the employer requires the vaccine. OSHA stated that if a vaccine is required, then any adverse reaction is considered work-related and therefore it must be recorded. However, after feedback from various groups, including SC&RA, questioning this policy, the agency has re-evaluated the FAQ on recording adverse reactions related to COVID-19 vaccinations. Here is an excerpt from the updated
OSHA FAQ:
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Are adverse reactions to the COVID-19 vaccine recordable on the OSHA recordkeeping log?
DOL and OSHA, as well as other federal agencies, are working diligently to encourage COVID-19 vaccinations. OSHA does not wish to have any appearance of discouraging workers from receiving COVID-19 vaccination, and also does not wish to 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. We will reevaluate the agency’s position at that time to determine the best course of action moving forward.
“This policy change is a very positive development for our industry and was a direct result of advocacy on behalf of our members through SC&RA’s involvement with the Construction Industry Safety Coalition,” said SC&RA Senior Vice President
Beth O’Quinn.