Earlier this year, the Occupational Safety and Health Administration (
OSHA) issued a
memorandum announcing an immediate suspension, or “stay,” of its COVID-19 recordkeeping and reporting requirements under
29 CFR 1910.502. This change, effective until further notice, relieves nursing homes, assisted living communities, hospitals, and other health care settings from maintaining a dedicated COVID-19 log or reporting COVID-19 fatalities and hospitalizations as previously required. Issued by Deputy Assistant Secretary Scott C. Ketcham and Acting Director Erin P. Gilmore, the memo marks a significant shift in OSHA’s approach to COVID-19 compliance.
Background
In June 2021, OSHA adopted the Healthcare Emergency Temporary Standard (ETS) to protect workers in health care settings from COVID-19. Codified at 29 CFR 1910.502, the ETS required employers to develop COVID-19 safety plans, maintain a log of employee COVID-19 cases, and report work-related fatalities and hospitalizations. In December 2021, OSHA withdrew most ETS provisions but retained the recordkeeping and reporting requirements to monitor workplace exposures. These included maintaining a COVID-19 log for all employee cases (regardless of work-relatedness) and reporting fatalities and hospitalizations that occurred long after the initial date of illness. The February 2025 memo ends enforcement of these requirements, aligning COVID-19 recordkeeping and reporting with standard OSHA regulations under 29 CFR 1904.
Changes in COVID-19 Death and Hospitalization Reporting
Under standard OSHA rules, nursing homes and assisted living communities must report work-related fatalities within eight hours and in-patient hospitalizations within 24 hours of learning about the event - but only if the fatality occurs within 30 days of a workplace incident or the hospitalization occurs within 24 hours of the incident. For COVID-19, this means only cases clearly tied to workplace exposure and meeting these exposure-to-event timelines are reportable, which can be challenging to determine due to community spread.
During the Health Care ETS from June to December 2021, OSHA required reporting of all work-related COVID-19 fatalities and hospitalizations, regardless of how much time had passed since the workplace exposure. The reporting timelines remained the same (eight hours for fatalities, 24 hours for hospitalizations after discovery), but the ETS eliminated the 30-day (fatality) and 24-hour (hospitalization) exposure-to-event restrictions. This meant facilities had to report even cases where death or hospitalization occurred months after exposure, increasing the reporting burden.
With the February 5, 2025, stay, the ETS reporting requirements are no longer enforced. Facilities revert to the standard OSHA rules, reporting only work-related COVID-19 fatalities within 30 days of exposure and hospitalizations within 24 hours of exposure. This reduces the number of reports required but requires careful assessment of work-relatedness and adherence to the exposure-to-event timelines.
Implications for Nursing Homes and Assisted Living Communities
The stay significantly reduces the administrative burden on health care facilities. Nursing homes and assisted living communities no longer need to maintain a separate COVID-19 log or report fatalities and hospitalizations under the ETS rules. This allows staff to focus on resident care and other safety priorities, such as infection control and staff training. However, facilities must continue to record work-related COVID-19 cases on OSHA Forms 300, 300A, and 301 if they meet the criteria under 29 CFR 1904 (e.g., confirmed cases requiring medical treatment or time off work).
Administrators should review their recordkeeping processes to ensure compliance with standard OSHA requirements and document assessments of work-relatedness for COVID-19 cases. For guidance on distinguishing
recording from
reporting and determining work-relatedness for COVID-19 cases, see
Recordkeeping and Reporting: A Guide to Determination. While the COVID-19 log is no longer mandatory, some facilities may choose to maintain it voluntarily to track exposures and inform safety measures. Nursing homes and assisted living facilities should also sustain robust infection control practices, such as hand hygiene, ventilation, and personal protective equipment use, to protect residents and staff. Consulting OSHA’s COVID-19 guidance for nursing homes can help maintain a safe environment.
Conclusion
OSHA’s suspension of COVID-19 recordkeeping and reporting requirements under 29 CFR 1910.502 reflects a shift in pandemic-related compliance as the public health landscape evolves. For nursing homes and assisted living communities, this change offers relief from administrative tasks but underscores the importance of adhering to standard OSHA recordkeeping rules and prioritizing workplace safety. Facilities should schedule a compliance review to align with 29 CFR 1904, train staff on updated processes, and consult compliance experts as needed.