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Q - A: Recording COVID exposure on OSHA 300 logs

March 2021 employment law letter
Authors: 
Leigh Anne Ciccarelli, Weiss Brown

Q One of our nursing home employees who was exposed to a COVID-19-positive resident just returned to work from a 14-day quarantine after testing negative. Do we have to record it in the Occupational Safety and Health Administration (OSHA) logs?

A As you note, the Occupational Safety and Health Act (OSH Act) requires many employers to keep a record of serious work-related injuries and illnesses on the OSHA 300 log (certain low-industries are exempted). OSHA has issued temporary enforcement guidance regarding COVID-19 and when cases constitute a recordable illness and need to be included on the OSHA 300 log.

Because you arent in an exempted industry, and assuming you have more than 10 employees, you will need to include COVID-19 cases on the OSHA 300 log if:

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