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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