New OSHA requirements on COVID-19 cases


OSHA has just clarified its reporting requirements on COVID-19 cases.
Under the guidance, unless an employer employs workers in the healthcare industry, emergency response organizations, or correctional institutions (i.e., in the case of co-ops and condos), OSHA’s analysis of whether a COVID-19 related illness is work-related is limited to readily available objective evidence. Objective evidence includes, for example, a number of cases developing among workers who work closely together without an alternative explanation and can include information given to the employer by employees and information that an employer learns regarding its employees’ health and safety in the ordinary course of managing its business. OSHA is only requiring awareness of the evidence if it was reasonably available to the employer.
For most of us, this greatly simplifies the analysis required for determining if it needs to report positive cases of COVID-19 amongst its workforce. Complete information about the OSHA guidance may be found here.
As always, ARC is grateful to attorneys Marc Luxemburg of Gallet Dreyer & Berkey, LLP and Robert Sparer of Clifton Budd & DeMaria, LLP for their continuing guidance and professional advice in these matters.
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