Obligations to Record and Report COVID-19 Cases to OSHA or Applicable State Agencies

Akin Gump Strauss Hauer & Feld LLP

Employers are facing unprecedented challenges in addressing the spread of the novel coronavirus (COVID-19). Among the ever-expanding obligations is that federal and state occupational safety and health regulations require employers to record instances of work-related injuries and illnesses and to report to the U.S. Occupational Safety and Health Administration (OSHA) or applicable state agency all work-related fatalities and in-patient hospitalizations, among other events. Although the common cold and seasonal flu are excepted from recordkeeping requirements, COVID-19 is not. As a result, with the exception of certain small employers and those in specifically designated industries, employers should identify instances of COVID-19 infection among employees, determine whether the infection was work-related and then maintain required records of such illnesses. In addition, employers must timely report to OSHA or an applicable state agency any work-related COVID-19 death or hospitalization.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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