Columbus Partner Comments on OSHA Recording if an Employee Tests Positive for COVID-19

In an interview with SHRM, partner Kevin Hess discusses what employers need to know about the Occupational Safety and Health Act (OSHA) reporting requirements if one of their employees tests positive for COVID-19. Kevin explains that OSHA’s guidance, effective May 26, 2020, requires all qualifying employers to record COVID-19 cases on the OSHA 300 log if the following three criteria are met:

• A confirmed case of COVID-19.
• Work-relatedness.
• Illness resulting in death, days away from work, restricted work or the transfer to another job, medical treatment beyond first aid, or the loss of consciousness.

Of the three criteria, “work-relatedness” seems to be the one that most employers are struggling with. The article goes on to describe that employers must make reasonable efforts to determine if the exposure might be work-related and provides examples of reasonable efforts that employers can take to make the determination.

To read the article, visit SHRM (subscription required).