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On May 19, 2020, OSHA issued another enforcement guidance memorandum regarding recording COVID-19 cases that rescinds the prior guidance and obligates employers to make at least some work-related determinations regarding employees who contract COVID-19. The new memorandum goes into effect May 26, 2020, and will remain in effect until further notice.

By way of background, OSHA has explained that a COVID-19 case is a recordable illness if (1) an employee is positive or presumptively positive for COVID-19; (2) the case is work-related; and (3) the case results in medical treatment beyond first aid or days away from work. For employers, the “million-dollar” question remains: How does an employer determine whether an employee’s COVID-19 case is work-related such that it is recordable on the employer’s Injury and Illness logs?

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Photo of Adam Roseman Adam Roseman

Adam Roseman focuses his practice on federal and state labor and employment investigations, counseling and litigation arising under Title VII, the Fair Labor Standards Act, whistleblower retaliation under Sarbanes-Oxley and Dodd-Frank, the Occupational Safety and Health Act, and restrictive covenants. Adam also has

Adam Roseman focuses his practice on federal and state labor and employment investigations, counseling and litigation arising under Title VII, the Fair Labor Standards Act, whistleblower retaliation under Sarbanes-Oxley and Dodd-Frank, the Occupational Safety and Health Act, and restrictive covenants. Adam also has experience on white collar matters, representing clients during internal investigations and in civil and criminal government enforcement actions including the defense of qui tam/False Claims Act complaints.

Photo of Michael T. Taylor Michael T. Taylor

Michael Taylor is Chair of the firm’s Labor & Employment Practice’s OSHA group. He focuses his practice exclusively on representing employers regarding Occupational Safety and Health Administration (OSHA) and Chemical Safety Board (CSB) matters across the country. Over the last eighteen years, Michael

Michael Taylor is Chair of the firm’s Labor & Employment Practice’s OSHA group. He focuses his practice exclusively on representing employers regarding Occupational Safety and Health Administration (OSHA) and Chemical Safety Board (CSB) matters across the country. Over the last eighteen years, Michael has defended scores of employers during enforcement litigation before federal OSHA, Cal-OSHA, SC-OSHA, WA-DOSH, as well as other state plan states. Many of these representations have involved a significant injury, fatality, or catastrophic event in the workplace.

Currently, Michael is providing guidance to employers regarding appropriate engineering, work practices, administrative controls, and personal protective equipment when dealing with COVID-19 in the workplace. Michael also provides OSHA compliance counseling, OSHA inspection counseling, OSHA whistleblower representation, and OSHA due diligence reviews, and CSB investigations for clients.  Michael has wide-ranging experience in the workplace safety field, including his prior public service as General Counsel to the Occupational Safety and Health Review Commission, the federal agency in charge of the trials and appeals of workplace safety and health disputes between federal OSHA and the regulated community. In 2013, EHS Today named Michael as one of the Top 50 People Who Most Influenced Environmental, Health, and Safety. A highly committed advocate, Michael’s clients can rely on him to be present and engaged regarding any workplace safety and health issue in any state across the country.

‡ Admitted in the District of Columbia. Not admitted in Virginia. Practice in Virginia limited to federal OSHA and proceedings before federal agencies.