The Updated Interim Enforcement Response Plan for COVID-19 provides instructions and guidance to Area Offices and compliance safety and health officers (CSHOs) for handling COVID-19-related complaints, referrals, and severe illness reports. On May 26, 2020, the previous memorandum on this topic will be rescinded, and the new Updated Interim Enforcement Response Plan will go into and remain in effect until further notice. This guidance is intended to be time-limited to the current COVID-19 public health emergency.
Of note, OSHA clarifies that cases of COVID-19 are not considered the equivalent of a common cold or seasonal flu. Employers are responsible for recording cases of COVID-19 if all of the following requirements are met: (1) The case is a confirmed case of COVID-19; (2) The case is work-related; and (3) The case involves one or more of the recording criteria such as receipt of medical treatment or days away from work. OSHA’s guidance emphasizes that employers must make reasonable efforts, based on the evidence available to the employer, to determine whether a confirmed case of COVID-19 would be considered work-related.
For more information regarding OSHA’s prioritization of COVID-19 inspection activities and compliance guidance, visit: https://www.osha.gov/memos/2020-05-19/updated-interim-enforcement-response-plan-coronavirus-disease-2019-covid-19
