COVID-19 healthcare recordkeeping enforcement stay

February 5, 2025

MEMORANDUM FOR:

REGIONAL ADMINISTRATORS

STATE PLAN DESIGNEES

THROUGH:

SCOTT C. KETCHAM

Deputy Assistant Secretary

FROM:

ERIN P. GILMORE, Acting Director

Directorate of Enforcement Programs

SUBJECT:

Enforcement Stay of the COVID-19 Recordkeeping and Reporting Requirements under 29 CFR 1910.502

On June 21, 2021, OSHA adopted a Healthcare Emergency Temporary standard (Healthcare ETS) protecting workers from COVID-19 in settings where healthcare or healthcare services are provided. 86 FR 32376. The standard was codified at 29 CFR 1910.502, 1910.504-.505, and 1910.509. On December 27, 2021, OSHA withdrew the non-recordkeeping and reporting portions of the Healthcare ETS. See Statement on the Status of the OSHA COVID-19 Healthcare ETS. At that time, however, OSHA also announced that the recordkeeping and reporting requirements, which were adopted under a separate provision of the OSH Act, would remain in effect. See Statement on the Status of the OSHA COVID-19 Healthcare ETS; 86 FR 32559.

This memorandum is to inform you that, effective immediately and until further notice, OSHA will not enforce those COVID-19 recordkeeping and reporting requirements.  Therefore, OSHA will not cite employers for violations of the requirement to establish, maintain, and provide copies of a COVID-19 log under 29 CFR § 1910.502(q)(2)(ii) and (q)(3)(ii)-(iv) or to report COVID-19 fatalities and hospitalizations under 29 CFR 1910.502(r).  Additionally, the OSHA Direction, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 Emergency Temporary Standard, which expired June 28, 2022, will be archived on the public website.

OSHA will continue to enforce applicable recordkeeping and reporting requirements under 29 CFR part 1904.

Please contact the Directorate of Enforcement Programs with any questions.