Q: What is OSHA’s position on the recordability of COVID-19 cases?

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A: On April 10th, OSHA sent an updated memo regarding the recordability of COVID-19 cases. In short, “Employers of workers in the healthcare industry, emergency response organizations (e.g., emergency medical, firefighting, and law enforcement services), and correctional institutions must continue to make work-relatedness determinations pursuant to 29 CFR § 1904. Until further notice, however, OSHA will not enforce 29 CFR § 1904 to require other employers to make the same work-relatedness determinations, except where:

  1. There is objective evidence that a COVID-19 case may be work-related. This 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. Examples of reasonably available evidence include 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 it business and employees.”

Click the link below to read the memo from OSHA.Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19)

You can also find more information on OSHA’s website by clicking the link below.

https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.5

If you have any questions or would like additional information, please contact your Liberty Advisor.

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