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OSHA Raises The Bar For Investigating The Work-Relatedness Of COVID-19 Cases

On May 19, OSHA once again revised its guidance to employers concerning enforcement of the recordkeeping requirements found in 29 CFR §1904, as they pertain to the recording of COVID-19 cases.

From the start of the COVID-19 outbreak in the United States, OSHA has stated that COVID-19 is a recordable illness and must be recorded on an employer’s 300 log, if the following three criteria are...

1. The employee has a confirmed case of COVID-19, as defined by the CDC (meaning that the employee has had at least one respiratory specimen that tested positive for SARS-CoV-2).

2. The case is work-related as defined by 29 CFR §1904.5; and

3. The illness results in death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, or the illness is a significant injury or illness diagnosed by a physician or other licensed health care professional.


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