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Cal/OSHA and Recordable COVID-19 Cases

Cal/OSHA recently issued guidance for employers for reporting COVID-19 cases.  If a work-related COVID-19 case meets one of the criteria below, then the employer must record the case on their 300, 300A, and 301 or equivalent forms.

Recordable cases must be work-related and result in one of the following:

  • Days away from work.
  • Restricted work or transfer to another job.
  • Medical treatment beyond first aid.
  • Loss of consciousness.
  • A significant injury or illness diagnosed by a physician or other licensed health care professional.

An injury or illness is considered work-related if exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.

  • A work-related exposure in the work environment would include the following activities: interacting with people known to be infected with SARS-CoV-2 (the virus that causes COVID-19);
  • working in the same area where people known to have been carrying SARS-CoV-2 had been; or
  • sharing tools, materials, or vehicles with persons known to have been carrying SARS-CoV-2.

Given the COVID-19 incubation period of 3 to 14 days, exposures will usually be determined after the fact.

If there is not a known exposure that would trigger the presumption of work-relatedness, the employer must still evaluate the employee’s work duties and environment to determine the likelihood that the employee was exposed during the course of their employment.

More information on these reporting requirements can be found at the following website at https://www.dir.ca.gov/dosh/coronavirus/Reporting-Requirements-COVID-19.html

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