OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

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.