Recording Vaccine Reactions and OSHA Form 300

According to Fed/OSHA, if an employer requires employees to be vaccinated for COVID-19, illnesses or adverse reactions to the vaccine are considered work-related and must be recorded on the Form 300, as long as it is a new case and meets one or more of the following criteria:

• death;

• one or more days away from work;

• restricted work or transfer to another job;

• medical treatment beyond first aid;

• loss of consciousness; or

• a significant injury or illness diagnosed by a physician or other licensed health care professional

Under Fed/OSHA, employers who do not require vaccinations are not obligated to record vaccine-related illnesses or adverse reactions. This also applies to employers who offer and pay for the vaccine, as long as it is not required, and is completely voluntary. 

Cal/OSHA has not yet issued guidance on this topic; therefore, in the meantime employers should record vaccine illnesses and adverse reactions if the company requires vaccinations or offers, pays for, or encourages vaccines for its employees.

• CDF Law