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OSHA – The Occupational Safety and Health Administration is a large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. Their role is to look after employee safety in the workplace, but not regarding vaccines apparently – not anymore.

OSHA will not enforce its ruling on requiring companies who mandate COVID-19 vaccines to treat adverse reactions as “recordable injuries.”

They reversed the previous ruling in order to avoid “the appearance of discouraging workers” from getting the vaccine as well as deterring companies’ vaccination efforts, according to the agency’s website. 

Regarding Vaccines . . .

OSHA’S PREVIOUS MANDATES

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

If I require my employees to take the COVID-19 vaccine as a condition of their employment, are adverse reactions to the vaccine 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.

I do not require my employees to get the COVID-19 vaccine. However, I do recommend that they receive the vaccine and may provide it to them or make arrangements for them to receive it offsite. If an employee has an adverse reaction to the vaccine, am I required to record it?

OSHA’S CURRENT MANDATES

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.

OSHA has now reverted and will not enforce this requirement. What changed? The science certainly didn’t.

Previous Article Posted May 14, 2021

OSHA Tells Employers They May Be Liable For Any Adverse Reactions If They Mandate Covid Shots