The November 15, 2023 letter responded to a concern that employers may misclassify illnesses caused by oil-chemical workplace exposures as the common cold or flu, because the initial symptoms of chemical exposure can mimic cold and flu symptoms. The writer asked how OSHA defines the exception, how employers should determine whether cold or flu is actually the source of an illness, and how to handle exposures that mimic those symptoms.
OSHA's framework: under 1904.5(a), work-relatedness is presumed for workplace exposures unless an exception applies. The exception at 1904.5(b)(2)(viii) covers the common cold and flu and applies 'regardless of whether the employee contracted the illness in the work environment or outside.' An illness is defined at 1904.46 as an 'abnormal condition or disorder,' and recordability requirements flow from 1904.4(a).
The core of OSHA's answer is that employers must make 'accurate and good faith determinations' about recordability and cannot invoke the exception just because symptoms look like a cold or flu. Employers should evaluate a suspected cold/flu case with the same methodology used for other illnesses: consulting 'a physician or other licensed healthcare professional for evaluation,' considering 'the employee report of illness, the presence and risk of exposure to hazardous substances or chemicals,' reviewing 'information that may come to light after the employee's initial report,' and not relying 'exclusively on an employee's initial report' of symptoms. OSHA noted that while employers may seek professional medical opinions, they retain ultimate responsibility for the recordability determination.