On May 19, 2020, OSHA released its Revised Enforcement Guidance for Recording Cases of Coronavirus that it began enforcing last week, according to a recent issue of PCA’s “This Week in Washington” newsletter.

Along with the new guidance, OSHA also released an Updated Interim Enforcement Response Plan.

Based on the Enforcement Guidance, OSHA will enforce recordkeeping requirements for recording cases of COVID-19 at the workplace as a reportable illness, and employers must record work-related cases of the novel coronavirus.

Recognizing that it is still extremely difficult to determine whether a case of COVID-19 is work-related, OSHA will use its enforcement discretion to assess whether employers made a reasonable and good faith determination of work-relatedness based on available evidence.

Under OSHA’s Enforcement Response Plan, the agency will increase in-person inspections at all workplaces. However, OSHA will continue to prioritize COVID-related inspections and workplaces deemed by OSHA as a high or very high-risk type, for example, hospitals, emergency medical centers, and emergency response facilities. Construction operations subject to OSHA rules are likely to fall into the lower exposure risk category.

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