OSHA Recordkeeping Guidance for Recording the Swine Influenza A (H1N1) Virus

We were wrong. Back in October we posted an article in our monthly newsletter saying it was not necessary to record on your OSHA 300 log any cases of the Swine Flu or H1N1 virus. We based this on the recordkeeping standard 1904.5(b)(2)(viii) which states that the common cold or flu are not recordable. However, OSHA has now made the following statement on the bottom of their main recordkeeping webpage:

Employers are responsible for recording cases of 2009 H1N1 illness if all of the following requirements are met: (1) the case is a confirmed case of 2009 H1N1 illness as defined by CDC; (2) the case is work-related as defined by 1904.5; and (3) the case involves one or more of the recording criteria set forth in 1904.7 (e.g., medical treatment, days away from work). Per CPL-02-02-075.

Note: This recording criteria applies to all establishments covered by PART 1904.

Here is some additional supporting information:

As you are probably aware, human cases of swine influenza A (H1N1) virus infection have been identified in the United States and internationally. In order to be proactive, the Agency is requesting our recordkeeping coordinators to follow the following guidelines when considering recording these exposures.

Is the Swine Influenza A (H1N1) virus considered a common cold or flu?

No.   CDC has determined that this swine influenza A (H1N1)) virus as a contagious disease. The 1904.5(b)(2)(viii) exception for the common cold or flu does not apply in these cases.

If a worker has an exposure to the Swine Influenza A (H1N1) virus, is that recordable?

No.   Exposures in and of themselves are not recordable. A case of Swine Flu is recordable if they meet the following requirements:

1.A confirmed case* of swine influenza A (H1N1) as defined by CDC (not an exposure).

2.The case is work related. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment.

3.The case involves any one of the following: medical treatment, days away from work, restricted work activity, loss of consciousness, or death.

* A confirmed case of H1N1 infection is defined as a person with an acute febrile respiratory illness with laboratory confirmed H1N1 infection at CDC by one or more of the following tests:

1.real-time RT-PCR

2.viral culture

How do I handle a case if it is not obvious whether the precipitating event or exposure occurred in the work environment or occurred away from work?

In most situations, you must evaluate the employee’s work duties and environment to decide whether or not one or more events or exposures in the work environment either caused or contributed to the resulting condition. However, because this illness can be contracted from any setting, there should be a known exposure in the workplace to establish work-relationship.

NOTE: If a confirmed case of swine influenza A (H1N1) is reported in the workplace, workers in close contact with this individual may take up to 7 days to show symptoms.

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This entry was posted on Friday, December 18th, 2009 at 10:41 am and is filed under H1N1, Recordkeeping, OSHA. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.