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April 13, 2020
On Friday, April 10, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued interim guidance for enforcing OSHA’s recordkeeping requirements for recording cases of COVID-19.
Employers are responsible for recording cases of COVID-19 if the case:
OSHA recognizes that, in areas where ongoing community transmission exists, certain employers may have difficulty determining whether workers who contracted COVID-19 did so due to exposure at work. Therefore, under further notice, OSHA will not enforce its recordkeeping requirements to require employers – other than those in the healthcare industry, emergency response organizations, and correctional institutions – to make work-relatedness determinations for COVID-19 illnesses, except where (1) objective evidence exists that a COVID-19 illness is work-related; and (2) the evidence reasonably was available to the employer. Employers in the healthcare industry, emergency response organizations, and correctional institutions must continue to make work-related determinations.