b'Garys Cornerbelieves he contracted the virus from someone outsideworkers on your jobsite, or if you exercise control over a of work; (2) your employee believes he contracted thesubcontractors employees, you will be required to record virus at work; or (3) your employee will not know howtheir work-related COVID-19 cases on your OSHA log he contracted the virus.If your employee reports thatunless the temporary employment agency agrees to he contracted the virus outside of work (for example, helog it on their 300 log. Remember it must be recorded reports that he caught it from close contact with a friendon one log or the other, so this is something you might or relative known to have COVID-19), your inquiry canwant to deal with in your contract with the temporary probably stop with this information, unless you also haveemployment agency (see 29 CFR 1904.31(b)(2) and known COVID-19 spread within your workforce. 1904.31(b)(4)).For that reason, you will need to make But, if your employee reports that he does not knowa reasonable determination as to the work-relatedness where he contracted the virus, or that he believes heof those cases as well.was exposed to the virus at work, you must proceed toYou must only record the case of COVID-19 if the ask follow up questions about the employees in andcase is more likely than not work-related.If you have out of work activities.During this inquiry, you must beconducted a reasonable investigation into the work-mindful of the employees privacy and avoid questionsrelatedness of the illness and cannot determine whether that could expose you to liability under the ADA, Title VII,a workplace exposure played a causal rule, the illness ADEA, etc. For example, you could ask your employee ifis not recordable.If it is a close call, and you decide anyone he lives with has tested positive for COVID-19,not to record the illness, you would be well-served to whether he has been in close contact (within 6 feetdocument the reasons you decided not to record the for more than 15 minutes) of a person known to haveillness on your log.COVID-19, whether he has recently attended any largeYou will have seven days to record a case on your gatherings, and similar generic questions.You may findOSHA log.Thus, you will have about a week to investigate it helpful to preparein advance a list of questions youthe source of the employees illness and make your will ask employees who report COVID-19 cases.Youreasonable determination as to work-relatedness.If you might also wish to have your questions reviewed by yourinitially determine that a case is not work related, but later employment counsel, to ensure your questions will notlearn that it is, you must record the illness at that time. To violate one of the many other laws that employers areavoid a potential OSHA citation for untimely recording, required to comply with concerning employee privacy,you should document the reason you initially determined protected status, etc.the illness was not work related, in addition to the date Last,youshouldreviewtheemployeesworkyou learned information suggesting otherwise.Further, environment for potential sources of exposure.Accordingif you initially determine that the illness is work-related, to OSHA, cases are likely work related when there is nobut later learn that it is not, you should line through the alternative explanation other than workplace exposure,entry on your OSHA log.(Do Not erase it!)and either: (1) several cases develop among workersAssuming that your employee tested positive for who work closely together; (2) the virus is contractedCOVID-19, and that you have determined the illness shortly after a lengthy and close exposure to a customeris work-related, you will need to determine whether the or coworker who has the virus; or (3) the employees jobillness meets one of the other recording criteria(i.e. duties involve frequent and close exposure to the generalresulting in death, days away from work, restricted work public in a locality with ongoing community transmission.or transfer to another job, medical treatment beyond first On the other hand, an employees COVID-19 illness isaid, loss of consciousness, or the illness is a significant likely not work-related if the employee is the only workerinjury or illness diagnosed by a physician or other licensed in his work area to contract the virus; his job duties dohealth care professional).Cases of COVID-19 will not include frequent contact with the general public; orvirtually always result in days away from work, and if the employee, outside of work, closely associates withthus, there will be few, if any, situations where the third someone who has COVID-19. recording criteria is not met.You should be prepared to undertake this inquiry forAs always, the obligation to record work-related cases COVID-19 cases reported by your own employees, asof COVID-19, along with other illnesses and injuries, only well as workers (not employed by you) that you superviseapplies to employers with more than 10 employees in and/or control.For example, if you have temporary Continued on page 16www.mrca.orgMidwest Roofer 15'