The Occupational Safety & Health Administration (OSHA) of the U.S. Department of Labor (DOL) released revised enforcement guidance for health and safety officers On May 19, 2020. The memorandum updates enforcement guidelines relating to the recording of occupational illnesses–specifically COVID-19.
In its memorandum, OSHA provides guidelines in helping health and safety officers determine whether or not a COVID-19 diagnosis can be deemed work-related. These include the reasonableness of the employer’s investigation into work-relatedness, evidence available to the employer, and the evidence that a COVID-19 illness was contracted at worse. Examples are also included to demonstrate whether such an illness is likely or not likely work-related; for example, if several cases develop among workers who work closely together versus if a single worker is the only person to contract COVID-19 in her vicinity and his or her job duties do not require frequent interaction with the general public.