OSHA Releases Revised Enforcement Guidance for Recording Cases of COVID-19

The Occupational Safety and Health Administration released a memorandum providing interim guidance for enforcing the requirements of recording cases of COVID-19, which went into effect on May 26. This guidance is intended to be time-limited to the current COVID-19 public health crisis, and officials advise checking the OSHA webpage for updates.

Under OSHA's recordkeeping requirements, COVID-19 is a recordable illness, and thus employers are responsible for recording cases of COVID-19, if:

1. The case is a confirmed case of COVID-19, as defined by the Centers for Disease Control and Prevention;
2. The case is work-related as defined by 29 CFR § 1904.5; and
3. The case involves one or more of the general recording criteria set forth in 29 CFR § 1904.7.

Because of the difficulty with determining work-relatedness, OSHA is exercising enforcement discretion to assess employers' efforts in making work-related determinations.

In determining whether an employer has complied with this obligation and made a reasonable determination of work-relatedness, OSHA outlined several considerations that Certified Safety and Health Officials should apply.