Determining Whether Covid-19 Illnesses Are Work-RelatedOn September 21, 2020 by Schnader in Labor and Employment
UPDATE: This article was re-published in Sprinkler Age, the magazine of the American Fire Sprinkler Association, in its September 2020 edition.
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Brian M. Wallen and Michael J. Wietrzychowski published a client alert, “Determining Whether Covid-19 Illnesses Are Work-Related.”
The Occupational Safety and Health Administration (“OSHA”) has issued revised guidance regarding how employers can determine whether a Covid-19 case is work-related and, thus, recordable. The new guidance addresses workplace exposure issues expected to occur as shelter-in-place orders are being eased across the country and employees return to work. OSHA published the guidance on May 19, 2020 and it was effective May 26, 2020. The new OSHA policies update the guidance originally issued on April 10, 2020, which required certain frontline employers to determine whether known cases of Covid-19 among their workforces were recordable work-related illnesses.
Given the large fines that can result from OSHA recordkeeping violations, employers should be familiar with the updated guidance.
Please visit our Covid-19 Resource Center for additional guidance.