In an interim enforcement guidance released on April 10, 2020 by the Occupational Safety and Health Administration (OSHA), most employers will no longer need to record COVID-19 cases during the public health emergency. Employers in the healthcare industry, emergency response organizations, and correctional institutions will be required to continue recording COVID-19 cases.
OSHA’s previous guidance on recording cases of COVID-19 has been that work-related cases must be recorded. However, in this memorandum, OSHA is exercising its enforcement discretion for employers in areas with ongoing community transmission and who are not emergency response organizations, correctional institutions, or in the healthcare industry.
For these employers, OSHA will not require a work-related determination for confirmed COVID-19 cases, except where:
- There is objective evidence that a COVID-19 case may be work-related, which could include a number of cases among workers who work closely together without an alternative explanation; and
- The evidence is reasonably available to the employer. This may include information given to the employer by employees, as well as information that an employer learns regarding its employees’ health and safety during the ordinary course of managing its business and employees.
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