Employers Must Report Work-related COVID-19 Cases to OSHA

Under new guidelines from OSHA, employers must record all work-related COVID-19 cases that meet the following three conditions:

1. The case is confirmed as COVID-19 as defined by the CDC.
2. The case is determined to be work-related.
3. The case results in any of the following:
   1. Death
   2. Significant injury or illness diagnosed by a medical professional
   3. Days away from work
   4. Restricted work or transfer to another job
   5. Medical treatment beyond first aid
   6. Loss of consciousness.

In addition, per the new guidelines:

• A recorded COVID-19 illness “does not, of itself, mean that the employer has violated an OSHA standard.”
• “…Employers with fewer than 10 employees and certain employers in low hazard industries have no recording obligations” with the exception of COVID-19 cases that result in death, inpatient hospitalization, amputation, or loss of an eye.

Click here to read OSHA’s Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19)

For additional COVID-19 related information, go to our Coronavirus/COVID-19 Resource Center.

Posted by Attorney Ruth Binger with assistance from Brenda Christmas Marlowe, Marketing Manager. Binger serves both emerging and mature businesses concentrating in corporate law, intellectual property and technology law, cybersecurity, digital media law, and labor and employment law. Her commitment to the success of small to medium-sized businesses, and her understanding of multi-faceted issues inherent in operations, are what distinguish Binger’s practice.