Do employers have to report employee COVID-19 diagnoses, hospitalizations, and deaths?

The short answer, like many under the law, is maybe. Under 1904.39, employers must record and report the following to OSHA by calling or submitting a report online: a fatality (within 8 hours), in-patient hospitalization (within 24 hours), amputation (within 24 hours), or loss

OSHA released a guide to nonessential businesses on safely returning to work during the COVID-19 pandemic. Businesses should review this guidance, keeping in mind that businesses have a duty under OSHA’s general duty clause to keep employee’s safe. Following this guidance could operate as a defense to an employee safety complaint related to COVID-19 protections.

Governor Mike DeWine announced a new list of business openings to come. The current timeline for the phased reopening of Ohio is as follows:

  • 5/15: Barbershops, salons, nail salons, tattoo parlors, and other personal care services (protocols are available here and for licensed massage therapy, cosmetic therapy, and acupuncture here)
  • 5/15: Restaurant patio dining