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OSHA issues guidance on recording COVID-19 in workplace

May 2020 employment law letter
Authors: 
Brad R. Kolling, Felhaber Larson

COVID-19 can be a recordable illness under the Occupational Safety and Health Act (OSH Act) if a worker becomes infected as a result of performing work-related duties. In areas with a higher degree of community transmission, however, the infection’s source can be difficult to discern.

Recording requirements

The Occupational Safety and Health Administration (OSHA) requires employers to record certain work-related injuries and illnesses. COVID-19 would be included if all of the following are true:

  • There is a confirmed case of COVID-19 as defined by the Centers for Disease Control and Prevention (CDC);
  • The case is “work-related” as defined by OSHA’s regulations, which stipulate “an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness”; and
  • The case involves one or more of the agency’s general recording criteria, which include (1) death, (2) days away from work, (3) restricted work or transfer to another job, (4) medical treatment beyond first aid, (5) loss of consciousness, or (6) a significant injury or illness diagnosed by a physician or other licensed healthcare professional.

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