On Friday, April 10, OSHA released guidance regarding when employers needed to record instances of COVID-19 in the workplace. OSHA remains consistent that COVID-19 is a recordable illness, but clarified when it was a workplace event.

Under OSHA’s recordkeeping requirements, COVID-19 is a recordable illness such that it must be recorded, if:

1. the case is a confirmed case of COVID-19, as defined by the CDC;
    
2. the case is work-related as defined by normal OSHA regulations; and
    
3. the case involves one or more of the general recording criteria set forth in 29 CFR § 1904.7 (the standard OSHA regulation).

Interestingly, for now, OSHA will be treating employers differently based upon their industry. Employers of workers in the healthcare industry, emergency response organizations (including firefighting and law enforcement), and correctional institutions must make determinations as to whether a report is required.

However, other employers – again, for now – will not be required to make those determinations and OSHA will not enforce § 1904, unless:

1. there is objective evidence that a COVID-19 case may be work-related, which could include, for example, a number of cases developing among workers who work closely together without an alternative explanation; and
    
2. the evidence was reasonably available to the employer; for example, information given to the employer by employees, as well as information that an employer learns regarding its employees’ health and safety in the ordinary course of managing its business and employees.

This policy is related only to COVID-19 and will last only so long as there is a pandemic.

By Kristen L. Brightmire, kbrightmire@dsda.com