OSHA’s guidance on COVID-19 has been fluid over the last several months and it has particularly been fluid on whether and when an employer has an obligation to record/report a COVID-19 incident as work related. As prior posts have indicated, an employer generally has a duty to record work-related injuries that require more than first aid or that result in loss of consciousness, days away from work, restricted work, or transfer to another job, among other reasons. Employers are also required to notify (i.e., report) directly to OSHA any fatality or severe injury at work (i.e., one that requires in-patient hospitalization). COVID-19 raises many complexities in assessing when to record or report the infection of an employee. The primary problem is, of course, determining whether the infection was work related.
Read more about OSHA guidelines and your responsibility as an employer.