Earlier this week, the federal Occupational Safety and Health Administration issued an update to its COVID-19 frequently asked questions to clarify that, at least for now, employers will not be required to record adverse employee reactions from the COVID-19 vaccine on their Section 1904 workplace illness and injury reports. This exclusion applies whether or not the employer is mandating that employees receive the vaccine.

OSHA said that this exclusion will remain in place through at least May 2022 and is intended to avoid discouraging employers from pursuing vaccination programs. This interpretation means that even if an employee misses working time, is hospitalized, or receives other medical treatment as the result of an adverse reaction, employers will not be required to record such incidents as work-related.

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