b'Garys CornerupdateOSHA RAISES THE BAR FOR INVESTIGATING THE WORK-RELATEDNESS OF COVID-19 CASESGary Auman, MRCA Legal CounselO n May 19, 2020 OSHA oncerestricted work or transfer to another job, medical again revised its guidancetreatment beyond first aid, loss of consciousness, toemployersconcerningor the illness is a significant injury or illness enforcement of the recordkeepingdiagnosed by a physician or other licensed health requirements found in 29 CFR 1904,care professional.as they pertain to the recording ofWhile the first and third criteria are relatively COVID-19 cases. easy to verify, determining the work-relatedness of From the start of the COVID-19 outbreak in theCOVID-19 is particularly difficult for employers when United States, OSHA has stated that COVID-19 isthere is known community spread of the virus.In a recordable illness and must be recorded on anprevious guidance, OSHA recognized this difficulty employers 300 log, if the following three criteriaand stated that it would not require employers to are met:determine the work-relatedness of a COVID-19 case 1. The employee has a confirmed case of COVID-19,(and would not enforce 29 CFR 1904) unless 1 : as defined by the CDC (meaning that the employee1. There was objective evidence that a case of has had at least one respiratory specimen thatCOVID-19 may be work related (for example, tested positive for SARS-CoV-2). a number of cases developing among workers 2. The case is work-related as defined by 29 CFRwho work closely together without an alternative 1904.5; and explanation); and3. The illness results in death, days away from work,2. This objective evidence was reasonably available to the employer (including information given to the 14 www.mrca.orgMidwest Roofer'