Labor & Employment Law Daily Wrap Up, OSHA NEWS—Agency has updated enforcement policy for recording and reporting of COVID-19 cases, (Apr 7, 2026)
By Brandi O. Brown, J.D.
“OSHA is exercising its enforcement discretion to not cite employers for violations of 29 CFR Part 1904 for failure to record COVID-19 cases or to report COVID-19 fatalities and hospitalizations.”
In a memorandum intended for regional administrators and state plan designees, OSHA recently announced that it will no longer cite employers for violations of 29 CFR Part 1904 for failure to record COVID-19 cases or to report COVID-19 fatalities and hospitalizations. According to the agency, this will bring the enforcement policy in line with its treatment of “common cold and flu cases,” and it applies to all establishments covered by the requirements in 29 CFR Part 1904.
OSHA also noted that it already has proposed removing OSHA's COVID-19 Emergency Temporary Standard, 29 CFR 1910 subpart U, and its associated recordkeeping and reporting provisions for employers that provide healthcare and healthcare support services. That rulemaking is pending, and, in the meantime, it will continue its enforcement stay announced in February 2025.
News: AgencyNews Safety Covid19 FederalRegulations