[vimeo 422432919 w=640 h=360]
Vimeo (https://vimeo.com).
And today, we're going to be taking a look at some new OSHA updates that have come down the way. So let's dive right in. So the first thing to know is that during the COVID-19 crisis, OSHA has been heavily criticized for its lack of response, they've been considered missing in action by many people who watch the industry. What has happened is that they are now going to start enforcing COVID-19 reporting for all employers across the United States. So as non-essential workplaces have begun to reopen or prepare to reopen across the country, OSHA has updated its guidance to provide for more on-site inspections and enforce record-keeping and reporting requirements against all employers.
This again comes because they've been criticized. And so what happened on May 18th is the AFL-CIO largest union in the world, I believe at least the United States sued the agency on May 18th. They asked the DC court of appeals to step in and getting force the OSHA to issue guidance around these topics. On May 19th, the very next day, OSHA issued its Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) that's linked on our website peopleprocesses.com. If you're listening to this podcast-only version you need to check it out on there. It goes into effect on May 26th. I'm recording this on May 25th. But I think you probably won't hear this until about a week later. What happens is that it resets its price version and it provides direct instructions. It's written for the OSHA inspectors and what they're supposed to do. It provides instructions for their area offices and what they call their CSA chose their compliance Safety and Health Officers for handling COVID-19. And that's important because they release it publicly so that we can see what they want us to do.
Primarily, it's going to increase onset inspections. They updated enforcement guidance. It's going to increase that inspection in all types of workplaces. The new guidance reflects changing circumstances in which many non-critical businesses have begun to reopen in areas of lower community spread. The risk of transmission is lower in specific categories of workplaces and PPE (Personal Protective Equipment) that is potentially needed for inspections is more widely available. So OSHA says they can now inspect those things more safely. That's a problem because originally, they stopped a lot of enforcement because they were afraid they get COVID.
They have also issued new enforcement guidance for recording cases. And this is really the broader key. For those of you who've never really dealt with OSHA, this is the bigger deal. Starting May 26th, the revised guidance, again linked on our site, will require employers to record cases of the Coronavirus. If the case is confirmed as Coronavirus is work-related as defined by 29 CFR 1904.5 and involves one or more of the general recording criteria, again in 1904 but it's not seven. That means medical treatment beyond first aid or days away from work. So, this is the key here, the new thing is that you're going to have to report COVID-19 cases if they came from work, which is going to be difficult to prove, but it's gonna be difficult to prove they didn't as well.
So under the new policy, OSHA is going to enforce those record-keeping requirements for all employee Coronavirus illnesses for all employers. Under the earlier April 10th guidance, record keeping requirements were not required under certain circumstances for employers in the healthcare industry, emergency response organizations, correctional institutions, they've removed that. If you're a home health care agency, this applies to you now. It didn't before applying to everybody. So, here's how it breaks out. I went through the whole section of 1904 law. First thing is that you're exempt if you have fewer than 10 employees. You do not need to keep OSHA injury and illness records unless OSHA tells you...