Memorandum, Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19) (May 19, 2020; effective May 26, 2020)

The record

Jurisdiction

United States Department of Labor, OSHA (federal agency)

Level

Federal

Authority

29 U.S.C. 657(c), 673

Issued

2020-05-19 May 19, 2020

Effective

2020-05-26

End

Until further notice; remained the operative recording guidance through Sept. 30, 2021 (read as 2021-09-30)

In force

May 26, 2020 to Sept. 30, 2021

Quarters

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Workplace rules

Addressees

• all employers subject to 29 C.F.R. part 1904 (rescinding the non-healthcare carve-out)

Functions reached

• 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

Collection

Federal labor and immigration agencies AGY-FED-LABOR-IMMIGRATION

Operative words

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's 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

Notes