Report a Positive Coronavirus Case, Workplace Fatality, Or Severe Injury

COVID-19 case reports must be filed through the Virginia Department of Health’s (VDH) Online Reporting Portal.  By using this portal, these case reports will ensure VDH and DOLI reporting compliance. The new online reporting portal allows employers to submit up to 10 Covid-19 positive cases.

To report a Workplace Fatality or Severe Injury use the Serious Event Reporting form.

Reporting COVID-19 Positive Cases

On Jun 29, 2021, the Safety and Health Codes Board (Board) adopted the federal COVID-19 Emergency Temporary Standard 1910.502 et. seq., applicable to all settings where any employee provides healthcare services or healthcare support services.

The ETS requires employers to report each work-related COVID-19 fatality or in-patient hospitalization of any employee, regardless of the amount of time in between the exposure to COVID-19 in the work environment and the death or the in-patient hospitalization.  Employers must report each employee COVID fatality to OSHA within 8 hours of learning about the fatality. Employers must also report each employee COVID-19 in-patient hospitalization to VOSH within 24 hours of learning about the in-patient hospitalization. To report a Workplace Fatality or Severe Injury use the Serious Event Reporting Form.

IMPORTANT NOTICE:

Effective January 27, 2021, in accordance with the Virginia Department of Labor and Industry’s Virginia Occupational Safety and Health program VOSH Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19, 16VAC25-220-40.B.7.d and -40.B.7.e:

Notifications to the Virginia Department of Health (VDH), 16VAC25-220-40.B.7.d

Employers shall report to VDH within 24 hours of the discovery of two or more of its own employees present at the place of employment within a 14-day period testing positive for SARS-CoV-2 virus during that 14-day time period.

After the initial report of outbreak (two or more cases), employers shall continue to report all cases to VDH until the local health department notifies the business that the outbreak has been closed.

After the outbreak is closed, subsequent identification of two or more cases of COVID-19 during a declared emergency shall be reported, as above.

Notifications to the Department of Labor and Industry (DOLI), 16VAC25-220-40.B.7.e

Employers shall report to DOLI within 24 hours of the discovery of two or more of its own employees present at the place of employment within a 14-day period testing positive for SARS-CoV-2 virus during that 14-day time period. 

A reported positive SARS-CoV-2 test does not need to be reported more than once and will not be used for the purpose of identifying more than one grouping of three or more cases, or more than one 14-day period.

Reporting COVID-19 positive cases:  16 VAC 25-220.B.7.e of the VOSH Standard provides that “The employer shall notify the Virginia Department of Labor and Industry (DOLI) within 24 hours of the discovery of two (2) or more employees present at the place of employment within a 14-day period testing positive for SARS-CoV-2 virus during that 14-day time period.”

Be prepared to supply: Business name; names and job position of each employee affected; location and timeline of each positive case, brief explanation of the circumstances associated with the infection; contact person and phone number, etc.

COVID-19 and HIPAA: Disclosures to VOSH and VDH – OSHA and states that operate their own occupational safety and health plans, such as VOSH, are not a “covered entity” under HIPAA and are not bound by the use and disclosure requirements included in the privacy statute or implementing regulations. Additionally, the U.S. Department of Health and Human Services allows covered entities and business associates to disclose protected health information without authorization for specified public health purposes.

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Reporting a Fatality or Catastrophe: Virginia Code § 40.1-51.1.D requires all employers, regardless of how many individuals they employ, to report any work related incident resulting in a fatality or catastrophe within eight (8) hours to the Virginia Department of Labor and Industry (DOLI). These reports may be submitted on the Serious Event Reporting Form. Medical events i.e. heart attacks are also required to be reported. If an employer does not learn of a fatality or catastrophe at the time that it occurs, and the incident would otherwise be reportable to DOLI, the employer is required by law to report the incident within 8 hours of the time that it is made known to any agent or employee of the employer. If an employee dies as a result of the incident, the employer is required to report the death to DOLI within 8 hours of learning of the death.

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Reporting Inpatient Hospitalizations of One or More Persons, Amputations, or Loss of an Eye:  Virginia Code § 40.1-51.1.D also provides that “every employer shall report to the Virginia Department of Labor and Industry within 24 hours any work-related incident resulting in (i) the inpatient hospitalization of one or more persons, (ii) an amputation, or (iii) the loss of an eye, as prescribed in the rules and regulations of the Safety and Health Codes Board.” Medical events i.e. heart attacks are also required to be reported. These reports may be submitted on the VOSH Complaint Form.

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Employers can also report fatalities or injuries by telephone, or in‑person to the nearest VOSH Regional Office; or through the OSHA toll-free central telephone number, 1-800-321-6742.

Reports should include: Business name; names of employees affected; location and time of the incident, brief description of the incident; contact person and phone number.

Employers can report COVID-19 fatalities and in-patient hospitalizations by calling the VOSH Regional of Field Office that is nearest to the site of the incident. During normal business hours (8:15 A.M. – 4:30 P.M.) injuries may be reported to the closest regional or field office.

Before or after normal business hours or on weekends and holidays, injuries may be reported by calling the appropriate cell phone or pager number for the nearest office. If unable to reach the local phone numbers or pagers, the State Police Duty Sergeant in Richmond, VA should be contacted at 804 674-2026.

Contact List 2
Contact List 1

or

Submitting information through the web site at

When reporting a COVID-19 fatality or in-patient hospitalization, the employer should have the following information available:

  • The employers business name;
  • The name of the deceased or hospitalized employee;
  • The time and location of the work-related incident (i.e. exposure) that led to the fatality or in patient hospitalization, if known;
  • The type of reportable event (i.e. fatality or in-patient hospitalization);
  • The number of employees who suffered a fatality or in-patient hospitalization (if applicable);
  • A brief description of the incident; and
  • The name and contact information of the employer’s designated contact person.