OSHA issues new guidance for determining and reporting work-related COVID-19 cases

On May 26, the Occupational Safety and Health Administration (OSHA) issued revised guidance regarding the reporting of COVID-19 cases. A link to the guidance is available at https://www.osha.gov/memos/2020-05-19/revised-enforcement-guidance-recording-cases-coronavirus-disease-2019-covid-19.

Details

OSHA recordkeeping requirements mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log. COVID-19 can be a recordable illness if a worker is infected as a result of performing her work-related duties. Employers are responsible for recording cases of COVID-19, however, only if all of the following are met:

• The case is a confirmed case of COVID-19 (a self-diagnosis or likely diagnosis by a medical professional is insufficient);
• The case is work-related, as defined by 29 CFR 1904.5; and
• The case involves one or more of the general recording criteria (e.g., medical treatment beyond first aid, days away from work).

Recording a COVID-19 illness does not, of itself, mean the employer has violated any OSHA standard.

Is it work-related?