The Occupational Safety and Health Administration’s (OSHA) memorandum stating that employers should be taking action to determine whether employee COVID-19 illnesses are work-related and thus recordable. Given the nature of the disease and ubiquity of community spread, however, in many instances it remains difficult to determine whether a COVID-19 illness is work-related, especially when an employee has experienced potential exposure both in and out of the workplace. In light of these considerations, OSHA is exercising its enforcement discretion in order to provide certainty to employers and workers.
Discretion in Enforcement: Considering an Employer’s Good Faith Efforts During COVID-19 Pandemic
