OSHA Reverses Course: Employers Must Now Make Determination as to the Work-Relatedness of COVID-19 Cases

By Pat Miller

Reversing an earlier decision, which limited to only certain categories of employers the obligation to determine whether COVID-19 cases are work-related, OSHA announced on May 19, 2020, that all employers subject to the recordkeeping requirement now must make that determination. Under the prior guidance, only employers in industries such as healthcare, emergency response, and correctional institutions were required to investigate COVID-19 cases in order to determine if they are work-related. Under the new guidance, all employers subject to OSHA’s recordkeeping requirements must make that determination. Among the reasons for the change, according to OSHA, are the fact that outbreaks in many different industries have been found, the transmission and prevention of the virus are better understood, and employers are beginning to open up operations.

Read the full advisory HERE.