Legal Focus

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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