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Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Rules and Regulations
applicable federal, state, or local laws, and other supportive policies and practices e.g., telework, flexible hours;
x The identity of the safety coordinators specified in the COVID
19 plan;
xi The requirements of this section;
and xii How the employee can obtain copies of this section and any employerspecific policies and procedures developed under this section, including the employers written COVID19 plan, if required.
Note to paragraph n1. Employers may rely on training completed prior to the effective date of this section to the extent that it meets the relevant training requirements under this paragraph.

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2 The employer must ensure that each employee receives additional training whenever:
i Changes occur that affect the employees risk of contracting COVID
19 at work e.g., new job tasks;
ii Policies or procedures are changed; or iii There is an indication that the employee has not retained the necessary understanding or skill.
3 The employer must ensure that the training is overseen or conducted by a person knowledgeable in the covered subject matter as it relates to the employees job duties.
4 The employer must ensure that the training provides an opportunity for interactive questions and answers with a person knowledgeable in the covered subject matter as it relates to the employees job duties.
o Anti-Retaliation. 1 The employer must inform each employee that:
i Employees have a right to the protections required by this section; and ii Employers are prohibited from discharging or in any manner discriminating against any employee for exercising their right to the protections required by this section, or for engaging in actions that are required by this section.
2 The employer must not discharge or in any manner discriminate against any employee for exercising their right to the protections required by this section, or for engaging in actions that are required by this section.
Note to paragraph o. In addition, section 11c of the OSH Act also prohibits the employer from discriminating against an employee for exercising rights under, or as a result of actions that are required by, this section. That provision of the Act also protects the employee who files a safety and health complaint, or otherwise exercises any rights afforded by the OSH Act.

p Requirements implemented at no cost to employees. The implementation
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of all requirements of this section, with the exception of any employee selfmonitoring conducted under paragraph l1i of this section, must be at no cost to employees.
q Recordkeeping. 1 Small employer exclusion. Employers with 10 or fewer employees on the effective date of this section are not required to comply with paragraph q2 or q3 of this section.
2 Required records. Employers with more than 10 employees on the effective date of this section must:
i Retain all versions of the COVID
19 plan implemented to comply with this section while this section remains in effect.
ii Establish and maintain a COVID
19 log to record each instance identified by the employer in which an employee is COVID19 positive, regardless of whether the instance is connected to exposure to COVID19 at work.
A The COVID19 log must contain, for each instance, the employees name, one form of contact information, occupation, location where the employee worked, the date of the employees last day at the workplace, the date of the positive test for, or diagnosis of, COVID19, and the date the employee first had one or more COVID19 symptoms, if any were experienced.
B The information in the COVID19
log must be recorded within 24 hours of the employer learning that the employee is COVID19 positive and must be maintained as though it is a confidential medical record and must not be disclosed except as required by this ETS
or other federal law.
C The COVID19 log must be maintained and preserved while this section remains in effect.
Note to paragraph q2ii: The COVID
19 log is intended to assist employers with tracking and evaluating instances of employees who are COVID19 positive without regard to whether those employees were infected at work. The tracking will help evaluate potential workplace exposure to other employees.

3 Availability of records. By the end of the next business day after a request, the employer must provide, for examination and copying:
i All versions of the written COVID
19 plan to all of the following: Any employees, their personal representatives, and their authorized representatives.
ii The individual COVID19 log entry for a particular employee to that employee and to anyone having written authorized consent of that employee.
iii A version of the COVID19 log that removes the names of employees, contact information, and occupation,
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and only includes, for each employee in the COVID19 log, the location where the employee worked, the last day that the employee was at the workplace before removal, the date of that employees positive test for, or diagnosis of, COVID19, and the date the employee first had one or more COVID
19 symptoms, if any were experienced, to all of the following: Any employees, their personal representatives, and their authorized representatives.
iv All records required to be maintained by this section to the Assistant Secretary.
Note to paragraph q. Employers must continue to record all work-related confirmed cases of COVID19 on their OSHA Forms 300, 300A, and 301, or the equivalent forms, if required to do so under 29 CFR part 1904.

r Reporting COVID19 fatalities and hospitalizations to OSHA. 1 The employer must report to OSHA:
i Each work-related COVID19
fatality within 8 hours of the employer learning about the fatality.
ii Each work-related COVID19 inpatient hospitalization within 24 hours of the employer learning about the inpatient hospitalization.
2 When reporting COVID19
fatalities and in-patient hospitalizations to OSHA in accordance with paragraph r1 of this section, the employer must follow the requirements in 29 CFR
1904.39, except for 29 CFR 1904.39a1
and 2 and b6.
s Dates. 1 Effective date. This section is effective as of June 21, 2021.
2 Compliance dates. i Employers must comply with all requirements of this section, except for requirements in paragraphs i, k, and n of this section by July 6, 2021.
ii Employers must comply with the requirements of this section in paragraphs i, k, and n of this section by July 21, 2021.
1910.504
Program.

Mini Respiratory Protection
a Scope and application. This section applies only to respirator use in accordance with 1910.502f4.
b Definitions. The following definitions apply to this section:
COVID19 Coronavirus Disease 2019
means the respiratory disease caused by SARSCoV2 severe acute respiratory syndrome coronavirus 2. For clarity and ease of reference, this section refers to COVID19 when describing exposures or potential exposures to SARSCoV2.
Elastomeric respirator means a tightfitting respirator with a facepiece that is made of synthetic or rubber material that permits it to be disinfected, cleaned, and reused according to
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