Recording COVID-19 Vaccine Reactions: OSHA Requirements

OSHA recently released guidance related to when employers are required to record adverse reactions to the COVID-19 vaccine.  Specifically, OSHA addresses these questions:

Are adverse reactions to the COVID-19 vaccine recordable on the OSHA recordkeeping log?

“In general, an adverse reaction to the COVID-19 vaccine is recordable if the reaction is: (1) work-related, (2) a new case, and (3) meets one or more of the general recording criteria in 29 CFR 1904.7 (e.g., days away from work, restricted work or transfer to another job, medical treatment beyond first aid).”

If I require employees to receive the COVID-19 vaccine as a condition of employment, are adverse reactions recordable?

“If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7.”

If I only recommend, but not require employees to receive the COVID-19 vaccine, are adverse reactions recordable?

“No. Although adverse reactions to recommended COVID-19 vaccines may be recordable under 29 CFR 1904.4(a) if the reaction is: (1) work-related, (2) a new case, and (3) meets one or more of the general recording criteria in 29 CFR 1904.7.  OSHA is exercising its enforcement discretion to only require the recording of adverse effects to required vaccines at this time. Therefore, you do not need to record adverse effects from COVID-19 vaccines that you recommend, but do not require.”

Keep in mind, this exception will only apply if the vaccine is truly optional, meaning employers cannot take any adverse action against employees who do not receive the vaccine.

In addition to this guidance from OSHA, in mid-April the EEOC also announced it will soon publish technical guidance for employers on vaccine incentive programs as well as address other key issues.

Cascade will continue to keep you updated as these issues continue to unfold.