On March 10, the Occupational Safety and Health Administration (OSHA) provided guidance requiring the recording and reporting of workplace exposures to COVID-19. The guidance, while well intended, did not consider all of the potential negative impacts on the regulated community. On March 12, Íæż½ã½ã of America CEO Stephen Sandherr spoke one-on-one with U.S. Secretary of Labor Eugene Scalia on this issue noting Íæż½ã½ã’s deep concerns with and opposition to such broad guidance. Shortly after that call, on March 13, OSHA issued that limits when COVID-19 can be a recordable illness to medically confirmed cases of COVID-19 that fall within a narrowed field of incidents that employers could then presume occurred on the jobsite.
OSHA recordkeeping requirements at mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log.
COVID-19 can be a recordable illness if a worker is infected as a result of performing their work-related duties. However, employers are only responsible for recording cases of COVID-19 if all of the following are met:
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The case is a confirmed case of COVID-19 (see on persons under investigation and presumptive positive and laboratory-confirmed cases of COVID-19);
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The case is work-related, as defined by ; and
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The case involves one or more of the general recording criteria set forth in (e.g. medical treatment beyond first-aid, days away from work).
To read Íæż½ã½ã's summary of the guidance, click here.
For more information, please contact Kevin Cannon, Senior Director, Safety & Health Services at kevin.cannon@agc.org.