OSHA Issues Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19) This week, OSHA published revised guidance for employers on when they need to record the illness, of an employee who has contracted the Coronavirus, as a work-related illness for the purposes of OSHA’s work illness and injury recordkeeping requirements. Under OSHA’s recordkeeping requirements, COVID-19 is a recordable illness if: The case is a confirmed case of COVID-19, as defined by the Centers for Disease Control and Prevention (CDC);  The case is work-related as defined by 29 CFR § 1904.5; and  The case involves one or more of the general recording criteria set forth in 29 CFR § 1904.7. Given the rate of infection and the ease with which the virus is transmitted, employers have found it particularly challenging to determine if an employee, who is diagnosed with COVID-19, contracted the virus at work. In making that determination, employers must make a “reasonable determination” of work-relatedness. In this guidance, OSHA outlines the criteria that Compliance Safety and Health Officers (CSHOs) will utilize to evaluate if the employer met the “reasonable determination”, as required by the Regulations. Those criteria include: The reasonableness of the employer’s investigation into work-relatedness The…

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