The Occupational Safety and Health Administration (OSHA) has issued new guidance regarding an employer’s obligation to record all COVID-19 illnesses among workers if the illness is “work-related.” This new obligation went into effect on May 26, 2020, and supersedes guidance issued in April.
Employers are responsible for recording cases of COVID-19 if all of the following requirements are met:
- The case is a confirmed case of COVID-19, as defined by the CDC.
- The case is work-related, as defined by 29 CFR § 1904.5.
- The case involves one or more of the recording criteria set forth in 29 CFR § 1904.7 (e.g., medical treatment, days away from work).
When is a COVID-19 Illness Work-Related?