Recordkeeping memo widens net regarding COVID-19
Date Posted: 06/09/2020
Effective May 26, 2020, OSHA now requires ALL employers to record cases of COVID-19, if:
- The case is confirmed as COVID-19, as defined by CDC;
- The case is work-related per 29 CFR 1904.5;
- The case involves one or more of the general recording criteria in 29 CFR 1904.7, such as medical treatment beyond first aid or days away from work;
- The employer has 11 or more employees; and
- The employer is not partially exempt from Part 1904.
Accordingly, until further notice, OSHA will enforce the recordkeeping requirements of 29 CFR 1904 for employee COVID-19 illnesses for all employers. OSHA instructs agency inspectors to consider the following when determining whether an employer has complied:
- Reasonableness of the employer’s investigation into work-relatedness;
- Evidence available to the employer; and
- Evidence that the illness was contracted at work.
SOURCE: Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19); OSHA memo – 5/19/2020
This article is originally from the Compliance Focus Newsletter on the J. J. Keller® Compliance Library.
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