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Ex. AGY-FED-LABOR-IMMIGRATION-019 Order Primary source read

Memorandum, Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19) (Apr. 10, 2020)

Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19)

OSHA Directorate of Enforcement Programs (Patrick J. Kapust) to Regional Administrators and State Plan Designees · United States Department of Labor, OSHA (federal agency) (Federal)

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The record

Jurisdiction
United States Department of Labor, OSHA (federal agency)
Level
Federal
Authority
29 U.S.C. 657(c), 673; 29 C.F.R. 1904.4-.7
Issued
2020-04-10 Apr. 10, 2020
Effective
2020-04-10
End
2020-05-26 (superseded by Ex. 023 effective May 26, 2020) (read as 2020-05-26)
In force
Apr. 10, 2020 to May 26, 2020
Quarters
2020 Q2
Limitation types
Workplace rules
Addressees
  • all employers subject to 29 C.F.R. part 1904
  • healthcare, emergency response and correctional employers (full duty retained)
Functions reached
  • OP recordkeeping and reporting (Forms 300, 300A, 301; 1904.39 reporting of hospitalizations and fatalities)
  • IC healthcare work-relatedness determinations
  • HR
Collection
Federal labor and immigration agencies AGY-FED-LABOR-IMMIGRATION

Operative words

In areas where there is ongoing community transmission, employers other than those in the healthcare industry, emergency response organizations (e.g., emergency medical, firefighting, and law enforcement services), and correctional institutions may have difficulty making determinations about whether workers who contracted COVID-19 did so due to exposures at work.... Employers of workers in the healthcare industry, emergency response organizations... and correctional institutions must continue to make work-relatedness determinations pursuant to 29 CFR part 1904.

Enforcement

Citations under 29 C.F.R. part 1904 and 29 U.S.C. 658; enforcement discretion for non-healthcare employers absent objective evidence

Notes

Imposed a differentiated federal recordkeeping duty by industry in 2020 Q2.