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On May 19, as many employers around the United States planned to reopen, OSHA issued an Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19), which includes instructions and guidance for OSHA Area Offices on how to address COVID-19-related complaints, referrals and severe illness reports at employers. Also on May 19, OSHA issued Revised Enforcement Guidance for Recording Cases of COVID-19. On May 26, OSHA’s previous guidance on these topics will be rescinded and the new Updated Interim Enforcement Response Plan and Enforcement Guidance will go into and remain in effect until further notice.

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Updated Interim Enforcement Response Plan for COVID-19

As outlined in its Updated Interim Enforcement Response Plan for COVID-19, eliminating hazards from COVID-19 remains a top priority for OSHA. As workplaces reopen, it will continue to ensure safe and healthy conditions for America’s workers based on the following framework:

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OSHA also notes that several of its standards may apply to its inspections of workplaces triggered by COVID-19, including:

Consistent with 29 CFR § 1904.39, employers must report work-related fatalities to OSHA within eight hours and work-related in-patient hospitalizations, amputations or losses of an eye within 24 hours. Employers must also report fatalities that occur within 30 days of a work-related incident, and they must report in-patient hospitalizations, amputations or losses of an eye that occur within 24 hours of a work-related incident. These employer obligations apply to work-related cases of COVID-19 among employees.

Revised Enforcement Guidance for Recording Cases of COVID-19

OSHA’s Revised Enforcement Guidance for Recording Cases of COVID-19 outlines, consistent with the requirements of 29 CFR Part 1904, that COVID-19 is a recordable illness and employers are responsible for recording cases of employees with COVID-19, if

Until further notice, for all employers subject to its recordkeeping requirements, OSHA will enforce the recordkeeping requirements of 29 CFR Part 1904 as they relate to COVID-19 according to the following guidelines:

The evidence to consider in determining that a COVID-19 illness was contracted at work may include:

All employers should be mindful of OSHA’s updated guidance and enforcement plan as they consider COVID-19’s effects on their legal obligations. Compliance with OSHA’s legal standards governing safe workplaces is critical to reducing the risk of workplace COVID-19 exposures for employees and others and mitigating the associated risk of liability claims.

Nancy M. Barnes 216.566.5578 <a href="mailto:Nancy.Barnes@ThompsonHine.com">Nancy.Barnes@ThompsonHine.com</a>

John Wymer 404.407.3669 <a href="mailto:John.Wymer@ThompsonHine.com">John.Wymer@ThompsonHine.com</a>

M. Scott Young 513.352.6617 202.263.4134 <a href="mailto:Scott.Young@ThompsonHine.com">Scott.Young@ThompsonHine.com</a>

or any member of our <a href="https://www.thompsonhine.com/services/labor-amp-employment">Labor &amp; Employment</a> group.

Additional Resources

We have assembled a firmwide multidisciplinary task force to address clients’ business and legal concerns and needs related to the COVID-19 pandemic. Please see our <a href="https://www.thompsonhine.com/services/covid-19-task-force" target="_blank" rel="noopener">COVID-19 Task Force</a> page for additional information and resources.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhinedev.contentpilot.net/wp-content/uploads/2022/04/COVID-19_Update_-_OSHA_Issues_Updated_COVID-19_Enforcement_Plan_and_Guidance_for_Employers.pdf

OSHA Issues Updated COVID-19 Enforcement Plan and Guidance for Employers

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