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

Reporting COVID-19 positive cases:  16 VAC 25-220-40.B.8.e of the Emergency Temporary Standard (ETS) provides that “The employer shall notify the Virginia Department of Labor and Industry (DOLI) within 24 hours of the discovery of three (3) 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.”

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.

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 online here. 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 online here.

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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.

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During normal business hours (8:15 A.M. – 4:30 P.M.) injuries may be reported to the closest regional or field office.

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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.