OSHA Frequently Asked Questions (FAQs) Addressing the Recordability of Adverse Reaction to COVID-19 Vaccinations

On or about April 20, the Occupational Safety and Health Administration (OSHA) issued new FAQs related to the recordability of adverse reactions related to employers policies requiring or recommending COVID-19 vaccinations among their employees.  OSHA states that for any adverse reaction to be recordable it must be 1) work related 2) a new case 3) meet any of the general recording criteria.  According to media reports and discussions with AGC member contractors, some have engaged in efforts to encourage workers to receive the vaccination in the form of offering financial incentives, compensation the day after receiving their second dose, if applicable, among other initiatives. While employer policies requiring employees receive the vaccination appear to be aligned with the recordkeeping regulations in the event an adverse reaction occurs, the concern is for those who simply recommend the vaccine.  According to OSHA, the adverse reaction is NOT recordable if the employer is only recommending employees receive the vaccination. But OSHA elaborates on this issue by stating that the agency is exercising their enforcement discretion in these instances and the vaccine must be “truly voluntary.” This seems to be in direct conflict with how they address the flu shot in their recordkeeping regulations.  In situations involving employers recommending the flu shot, but NOT requiring it, any adverse reactions are not to be recorded on the OSHA 300 log. AGC, and our Construction Industry Safety Coalition (CISC) partners, believes that their expanded interpretation has the potential to suppress any efforts among employers to assist the goal of CDC and the White House to increase the vaccination rate.  Due to these concerns, AGC signed on to a letter urging OSHA to revise their response to provide an interpretation that is consistent with the recordkeeping regulations.