OSHA’s COVID-19 Recordkeeping Rule

OSHA’s COVID-19 recordkeeping rule is applicable to all employers. The interim guidance states that COVID-19 is a recordable illness but that it is time-limited to the current COVID-19 public health crisis. All employers are responsible for recording COVID-19 cases. COVID-19 is a respiratory illness and should be coded as such on the OSHA Form 300.

Criteria to be followed:

• An individual with at least one positive respiratory test for SARS-CoV-2.

• The case is work related as defined by 29 CFR 1904.5

• The case involves one or more of the following criteria set forth under general recording 29 CFR 1904.7:

  • Death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, involves significant injury or illness diagnosed by a physician or health provider even if it does not result in the above mentioned (3a-3e).

OSHA Compliance Safety and Health Officers (CSHO) will exercise discretion on enforcement if the employer has complied with this obligation and has made reasonable determination of work- relatedness including:

• The reasonableness of the employer's investigation into work-relatedness.

• The evidence available to the employer.

• The evidence that a COVID-19 illness was contracted at work, i.e. development of illness in clusters of workers who work together, or close exposure to public in areas of high community transmission.  If the employer cannot determine if exposure was likely in the workplace, the employer does not need to record that COVID-19 illness.