According to guidance issued by the Occupational Safety and Health Administration, employers must report any confirmed COVID-19 illness diagnosis to the agency that is work-related and that involves OSHA general recording criteria.
In his alert from Squire Patton Boggs, employer responsibilities are defined as it relates specifically to COVID-19 cases. They note:
Even in those industries where work-related transmission is more likely, employers should understand that recording or reporting a work-related injury, illness, or fatality does not mean the employer or employee was at fault, or that an OSHA rule has been violated, or that the employee is eligible for workers’ compensation or other benefits. Reporting or recording workplace illnesses like COVID-19 will not result in an automatic imposition of liability, but employers’ failure to report known or suspected work-related COVID-19 diagnoses may have significant regulatory consequences.
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