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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