As of March 31, 2026, Occupational Safety and Health Administration (OSHA) announced it will no longer cite employers for failing to record COVID‑19 cases or report COVID‑19 hospitalizations or fatalities under 29 CFR 1904. This aligns OSHA’s COVID-19 policy with cases involving the common cold and flu, both of which are exempt from recordkeeping obligations.
While employers may scale back COVID‑19 logs, they still need to meet any applicable obligations with record retention (for example, California requires retaining existing COVID‑19 records for two years).
This announcement follows OSHA’s previous proposal to remove its COVID-19 Emergency Temporary Standard in July 2025. The rulemaking is not yet finalized, so employers should continue monitoring for updates.
In California, COVID-19 recording keeping rules expired on February 3, 2026. This means California employers are no longer required to keep track of every COVID-19 case in the workplace but must retain existing records for two years.
Any businesses needing advice on these or any employment matters may contact the experienced attorneys at MNK Law, APC at 562.362.6437, or info@mnklawyers.com.
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