4150 Concours St., Suite 260, Ontario, CA 91764

OSHA Expands In-Person Inspections & Obligates COVID-19 Record Keeping

  • 02 June, 2020

In a recent memo released by the Occupational Safety and Health Administration, OSHA is authorizing an increase of in-person inspections in areas where the spread of COVID-19 has slowed down. This memo is also enforcing employers to report COVID-19 cases in the workplace.

The guidelines in this recent memo is a turnaround to the guidelines released back in April, during the height of the pandemic. In April, OSHA had suspended in-person inspections for all but the most high risk workplaces. OSHA had also relaxed record keeping rules for employers.

Presently, OSHA now informs offices in regions with a slowdown of COVID-19 spread to “follow normal procedures.” This means that, while high risk workplaces should still be given preference, medium and low risk workplaces can now return to have in person inspections.

However, OSHA also recognizes that some areas are still confronted with a surge of COVID-19 cases. In these areas, OSHA gives regional offices the discretion to choose their own approach for high risk workplace investigations, either remotely or in-person.

A common example of a high risk workplace are hospitals that have exposed their workers to COVID-19 due to not providing their workers with personal protective equipment.

The example above might provide a better grasp of the dilemma regional offices must undergo in deciding whether to conduct a remote or in-person investigation. OSHA urges regional offices to gather all relevant factors before deciding their approach and to insure the safety of their own workers by staring a remote investigation if resources do not allow for an in-person one.

In addition to the return of in-person inspections, OSHA also has reinstated the obligation for employers to disclose when workers have contracted COVID-19 in the workplace. This obligation is part of OSHA’s record-keeping rule, which makes employers in certain industries keep record and report to OSHA any injuries and illnesses linked to the job.

Yet, the memo also give certain leeway to employers’ disclosures as a report does not have to be made to OSHA if certain evidence can prove that the worker did not contract COVID-19 in the workplace but rather from public exposure.

Source: law360

Valiant Law is Southern California’s Premier Law Firm for Employment Law. Our dedicated and highly experienced attorneys can help you with a variety of legal needs. What sets us apart is not only our experience and our dedication, but also our passion for seeing our clients’ legal needs sufficiently met. Contact us today for a free consultation.

Schedule A Free
No Obligation Consultation

Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

NUVEW | Copyright 2020. All Rights Reserved
Call Now Button