OSHA Changes COVID-19 Recordkeeping Requirements for Employers (Again)

On May 19, 2020, the Occupational Safety and Health Administration (“OSHA”) published revised enforcement guidance detailing when employers must record COVID-19 illnesses.  The new guidance reverses course on prior guidance dated April 10, 2020 which relaxed the circumstances when most employers would need to record these illnesses. The new guidance becomes effective on May 26, 2020, and will remain in effect until further notice.

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Understanding OSHA’s New Guidance on Recording COVID-19 Cases and Related Employee Privacy Concerns

On April 10, 2020, OSHA issued additional guidance for employers on their obligations to record COVID-19 cases which can be found here.

Prior to this guidance, OSHA made clear that COVID-19 cases may be recordable if a worker is infected as a result of performing work-related duties. Thus, employers would need to record COVID-19 cases if all of the following conditions are met:

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OSHA Considerations For Working Remotely

Many businesses are permitting employees to work from home in response to COVID-19 and many more will do so particularly as states like New York have and/or will be restricting the number of employees at the worksite. 

Does this mean the employer must inspect an employee’s home to ensure that it is a safe and healthy work environment under OSHA? The answer is generally no. In 2002, OSHA provided guidance regarding telecommuting available here.

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