{"id":"AGY-FED-LABOR-IMMIGRATION-023","kind":"order","level":"federal","jurisdiction":"United States Department of Labor, OSHA (federal agency)","state":"","metro":"","industry":"","agency":"FED-LABOR-IMMIGRATION","eco":"","issuer":"OSHA Directorate of Enforcement Programs to Regional Administrators and State Plan Designees","authority":"29 U.S.C. 657(c), 673","instrument":"Memorandum, Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19) (May 19, 2020; effective May 26, 2020)","title":"Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19)","dateIssued":"2020-05-19","effective":"2020-05-26","end":"Until further notice; remained the operative recording guidance through Sept. 30, 2021","startDate":"2020-05-26","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["EMP"],"addressees":["all employers subject to 29 C.F.R. part 1904 (rescinding the non-healthcare carve-out)"],"clause":"This memorandum provides updated interim guidance to Compliance Safety and Health Officers (CSHOs) for enforcing the requirements of 29 CFR Part 1904 with respect to the recording of occupational illnesses, specifically cases of COVID-19.... Under OSHA\u0027s recordkeeping requirements, COVID-19 is a recordable illness, and thus employers are responsible for recording cases of COVID-19, if: 1. The case is a confirmed case of COVID-19... 2. The case is work-related as defined by 29 CFR 1904.5; and 3. The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7.... In light of these considerations, OSHA is exercising its enforcement discretion in order to provide certainty to employers and workers. Accordingly, until further notice, OSHA will enforce the recordkeeping requirements of 29 CFR 1904 for employee COVID-19 illnesses for all employers according to the guidelines below.","enforcement":"Citations under 29 C.F.R. part 1904 and 29 U.S.C. 658 where an employer fails a reasonable work-relatedness investigation","functions":["OP recordkeeping: every employer required to investigate and record work-related COVID-19 cases from May 26, 2020","HR employee interviews and exposure investigations","IC"],"notes":"Imposed on every employer with more than 10 employees (outside partially exempt industries) a continuing federal duty to investigate each employee COVID-19 case; in force on every day of 2021 Q3.","sourceUrl":"https://www.osha.gov/memos/2020-05-19/revised-enforcement-guidance-recording-cases-coronavirus-disease-2019-covid-19","snapshot":"https://web.archive.org/web/20200601093937/https://www.osha.gov/memos/2020-05-19/revised-enforcement-guidance-recording-cases-coronavirus-disease-2019-covid-19","fileExists":true,"fileBytes":148622,"grade":"primary","character":"","description":"","collection":"AGY-FED-LABOR-IMMIGRATION","url":"/library/AGY-FED-LABOR-IMMIGRATION-023","exhibitUrl":"/exhibit/AGY-FED-LABOR-IMMIGRATION-023","citation":"OSHA Directorate of Enforcement Programs to Regional Administrators and State Plan Designees, Memorandum, Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19) (May 19, 2020; effective May 26, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-023)","stateName":"","related":["AGY-FED-LABOR-IMMIGRATION-024","AGY-FED-LABOR-IMMIGRATION-021","AGY-FED-LABOR-IMMIGRATION-016"]}