The Department of Labor’s Occupational Safety and Health Administration (OSHA) released an important enforcement memo regarding temporary recording keeping during the COVID-19 pandemic. The memo will hopefully protect businesses from some unfounded liability claims. Under previously existing rules COVID-19 is a “recordable illness, and employers are responsible for recording cases using certain criteria. With this guidance OSHA states that employers “…may have difficulty making determinations about whether workers who contracted COVID-19 did so due to exposures at work.”
OSHA further states that they will not enforce the recording rule except if there is “objective evidence” of infection such as amongst “workers who work closely together without an alternative explanation” or if the “evidence was reasonably available to the employer.” The alleged aim of the temporary guidance is for businesses to “focus their response on implementing good hygiene practices…rather than on making difficult work-relatedness decisions…”.
A link to the OSHA memo is:
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