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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