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OSHA Provides Guidance on Recording Workplace Exposures to COVID-19 after AGC Intervention

March 16, 2020

On March 10, the Occupational Safety and Health Administration (OSHA) provided guidance requiring the recording and reporting of workplace exposures to COVID-19. The guidance, while well intended, did not consider all of the potential negative impacts on the regulated community. On March 12, AGC of America CEO Stephen Sandherr spoke one-on-one with U.S. Secretary of Labor Eugene Scalia on this issue noting AGC’s deep concerns with and opposition to such broad guidance. Shortly after that call, on March 13, OSHA issued new guidance that limits when COVID-19 can be a recordable illness to medically confirmed cases of COVID-19 that fall within a narrowed field of incidents that employers could then presume occurred on the jobsite. 

OSHA recordkeeping requirements at 29 CFR Part 1904 mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log.

COVID-19 can be a recordable illness if a worker is infected as a result of performing their work-related duties. However, employers are only responsible for recording cases of COVID-19 if all of the following are met:

  1. The case is a confirmed case of COVID-19 (see CDC information on persons under investigation and presumptive positive and laboratory-confirmed cases of COVID-19);
  2. The case is work-related, as defined by 29 CFR 1904.5; and
  3. The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7 (e.g. medical treatment beyond first-aid, days away from work).

To read AGC's summary of the guidance, click here

For more information, please contact Kevin Cannon, Senior Director, Safety & Health Services at kevin.cannon@agc.org.

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