Department of Labor Clarifies Employers’ Obligation to Report COVID-19 Cases

This week, OSHA issued interim guidance on employers’ duties as they relate to recording cases of COVID-19.

On April 10, 2020, the Department of Labor’s OSHA issued interim guidance on employers’ duties related to reporting cases of COVID-19. This is to clarify employers’ responsibilities when it comes to reporting illnesses.

OSHA’s position—effective immediately and for the duration of the public health crisis—is that employers must report to OSHA any confirmed COVID-19 illness diagnosis that is both (i) work-related, and (ii) involves OSHA general recording criteria.

Under OSHA’s recordkeeping requirements, COVID-19 is a recordable illness, and employers are responsible for recording cases of COVID-19 if the case:

is confirmed as a COVID-19 illness;

is work-related as defined by 29 CFR 1904.5; and

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.

An article by the National Law Review elaborates on that criteria.

A condition is work-related if “an event or exposure in the work environment is either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.” The work environment is the employer’s “establishment” and such “other locations where one or more employees are working or are present as a condition of their employment.”

An injury ordinarily involves OSHA general recording criteria if it results in death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness, or if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional even if it does not result in death, missed work days, restricted work, job transfer, medical treatment beyond first aid or loss of consciousness.