ASSOCIATIONINSIGHT
Portable Sanitation Association International News
BIWEEKLY EDITION OCTOBER 28, 2020
Page 13
Update: Reporting Work-Related Cases of COVID-19…Continued from page 9
Fatality Reporting Rule
The reporting requirement for fatalities from a work-related COVID-19 infection is triggered when an employee
dies within 30 days of being exposed to COVID-19 at work. From the time an employer learns of the death and
knows that the cause was a work-related case of COVID-19, you will have eight hours to report it to OSHA.
So to take the above example further, suppose
November 5 is the date both Lucy and Ricky were
hospitalized and they both died of COVID-19. Lucy
died on November 16 and Ricky died on December 10.
Ricky's case would not be reportable, even though his
hospitalization was, because his incident of exposure
occurred on November 4, and his death was beyond
OSHA's 30-day window to report fatalities.
Lucy's death would be reportable to OSHA, even
though her hospitalization was not, because her incident
of exposure occurred on November 3, and her death
occurred within OSHA's 30-day window.
How do I know it was a work-related case? Whether or not someone's COVID-19 case was work-related will be
questionable in many cases. Most experts agree that it will be very difficult to establish it was work-related for
most workers outside the healthcare profession. You don't have to report cases that are the result of community-
spread COVID-19. However, if there is any doubt, you should contact your attorney and seek advice.
Recording Obligation
The time limits on reporting hospitalizations and
fatalities don't apply to recording, OSHA noted in
its new guidance. Employers still must record work-
related cases of COVID-19 and fatalities. According
to SHRM, when recording COVID-19 cases,
"Everyone is doing it differently." Some employers
are recording all COVID-19 cases with an asterisk
if they couldn't tell whether the cases were work-
related. But Conn said others aren't recording
anything until they make that determination to avoid
artificially inflating their illness rates.
While each company needs to make their own
decision about whether to record cases you cannot
be sure were contracted at work, it is essential to be
aware of these requirements and to discuss the best
course of action for your firm. Again, your attorney
may be a helpful resource to navigate the various
considerations. v
From this sample of activities, it is evident that Jan
Bentley and her team at Portable Services not only help
their community but also inspire others to do the same.
Final Words of Encouragement
Jan probably said it best: "We should always strive to
give back to the community."
Please compile information about your company's local
contributions and acts of kindness. With the holidays
just around the corner, stories like these can inspire
others and further raise the public's positive awareness
of our industry.
Then email stories to me at wjwigley@bellsouth.net and
I will be honored to compile them for a future article. v
National Make a Difference Day 2020
…continued from page 11
