With most states starting to reopen after the lockdown, attention is focused on the process for getting back to work safely, and when and how employers must record COVID-19 cases as a work related illness. In response to this, OSHA has issued a revised recordkeeping enforcement memorandum outlining the applicable requirements. This comes into effect on May 26 2020, replacing a more relaxed version issued in April 2020. Accompanying this revised memorandum is an updated Interim Enforcement Response Plan for Coronavirus, which, among other things, indicates that OSHA will step-up in-person inspections across all categories of workplace.

In this sister blog post on Reed Smith’s Employment Law Watch, we provide an overview of how, and to whom, the new recordkeeping requirements will apply, as well as of the factors OSHA will consider when assessing compliance and enforcement.