As numerous states begin to reopen, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently announced a revised recordkeeping enforcement memorandum, effective May 26, 2020, that outlines when employers must record COVID-19 cases as a work-related illness.  This revised guidance replaces OSHA’s previous April 2020  memorandum and removes the relaxed application of the agency’s recordkeeping requirements contained therein.  Thus, OSHA’s prior, noticeably more stringent requirements apply as of May 26, 2020.  OSHA has also updated its Interim Enforcement Response Plan for Coronavirus to reflect the updated enforcement guidance, and indicated that the agency is increasing in-person inspections at all types of workplaces.
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