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The Occupational Safety and Health Administration (“OSHA”) requires many employers with more than ten (10) employees to maintain injury and illness records if the injuries and illnesses are work-related. In April 2020, OSHA issued guidance that established COVID-19 as a recordable illness and stated that employers may be required to record cases of COVID-19. However, because COVID-19 can be easily transmitted, and considering the fact that a sick employee may be unaware he or she contracted COVID-19, OSHA has allowed for leniency regarding the recording of COVID-19 illnesses and has published additional guidance on the steps that must be taken by the employer to ensure that they are compliant with recording requirements.

Since COVID-19 is a recordable illness under OSHA’s record keeping requirements, employers are responsible for recording cases of COVID-19 if 1) the case is a confirmed case by the Centers for Disease Control (the “CDC”); 2) the case is work-related; and 3) the case involves one or more of the general recording criteria.

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