Employee With COVID-19: Prevent OSHA Violation

Share: Share on Facebook Share on Twitter Share on LinkedIn

Employee With COVID-19: Prevent OSHA Violation

Share: Share on Facebook Share on Twitter Share on LinkedIn
Employee Positive COVID OSHA

Question: We are testing employees daily for COVID-19 to protect staff and patients. If an employee tests positive for COVID-19, are we required to record an OSHA incident?

Question from Los Angeles, CA subscriber

Answer: Occupational Safety and Health Administration (OSHA) requirements mandate that you record certain work-related illnesses. COVID-19 is included in the regulation under certain requirements. “COVID-19 can be a recordable illness if a worker is infected as a result of performing their work-related duties,” according to OSHA.

You are required to record COVID-19 employee illnesses on your OSHA 300 log when the following case criteria are met:

  • Confirmed case of COVID-19,
  • Work-related, as defined by 29 CFR 1904.5
  • One or more of the general recording requirements set forth in 29 CFR 1904.7 (e.g. medical treatment beyond first-aid, days away from work).

Be careful about the amount of information that you reveal with co-workers. Under HIPAA, you are allowed to disclose information to individuals who are potentially exposed. However, you are prohibited from identifying the person, according to the Americans with Disabilities Act (ADA). To comply with these laws, you should take the following actions:

  1. Notification: Notify co-workers of their possible exposure to COVID-19 without disclosing the infected employee’s identity
  2. Assess risk: Refer employees to CDC guidance on how to assess their exposure risk.

If you are like most practices, you have a ton of additional employee-related compliance questions such as can you make employees use PTO if they miss work due to COVID-19, how high does an employee’s temperature need to be to send them home, and more. Get all your COVID-19 employment policy questions answered during the expert-led online training “Stop Practice Penalties, Comply with New COVID-19 Employment Laws,” by healthcare and employment attorney, Kelly Holden, Esq.

Source: New OSHA guidance outlines specific ways you can protect your employees from contracting COVID-19 such as installing sneeze guards at the front desk and check out area.


Covid-19 Resources For Your Practice 

PPP-LOAN-COMPLIANCE-2-275x320 PROVIDER-RELIEF-FUNDING-275 COVID-19-Employment-Policies-275
.
SBA PPP Rule Update: Prevent Employee Expense Violations Avoid Losing COVID-19 Provider Emergency Relief Fund Payments Stop Practice Penalties, Comply with New COVID-19 Employment Laws
.
REGISTER NOW
.
REGISTER NOW
.
REGISTER NOW

Meet Your Writer

Kelly Holden

Partner/Attorney at DBL Law

Kelly is a licensed lawyer in three states, heads the DBL Law’s employment law division, which represents private and public employers in all facets of employment law. She has been advising HR managers and healthcare companies for over 26 years in all aspects of employment law. Kelly’s employment law practice Includes advising clients on compliance with various employment laws and providing in-house training on such issues. She is a former SHRM member and president of a local chapter as well as several nonprofit boards. More recently, Kelly has been using her acquired expertise in advising companies on complying with COVID-19 employment issues. Kelly has experience working with the EEOC, DOL, DOJ and litigating cases in federal and state courts. She also advises companies on I·9 compliance and performs I-9 audits. conducts harassment investigations, drafts employee handbooks and employment policies and, does training on all aspects of employment law. Kelly was featured on WI/XU Cincinnati, as a subject matter expert, lo speak on 25 years of the Americans with Disabilities Act and the impact it has.

{"cart_token":"","hash":"","cart_data":""}