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ARTICLE · 29 MAY 2020

OSHA Workplace COVID-19 Case Recording And Reporting

Wilson Elser Moskowitz Edelman & Dicker LLP
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On May 19, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued revised Enforcement Guidance for recording cases of COVID-19, which is a recordable illness...

United StatesCoronavirus (COVID-19)

On May 19, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued revised Enforcement Guidance for recording cases of COVID-19, which is a recordable illness under OSHA's recordkeeping requirements.

Beginning May 26, 2020, employers are required to record cases of COVID-19, if the following three circumstances are present:

  • The case is a confirmed case of COVID-19, as defined by the Centers for Disease Control and Prevention.
  • The case is work-related as defined by 29 C.F.R. § 1904.5. An injury or illness is considered to be work-related if an event or exposure in the workplace either caused or contributed to the condition or significantly aggravated a preexisting injury or illness. Generally, work-relatedness is presumed for such injuries unless one of the nine exceptions listed in 29 C.F.R. § 1904.5(b)(2) specifically applies. In recognition of the difficulty of determining work-relatedness, OSHA is exercising

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