The Occupational Safety and Health Act (the Act) requires employers to report and record work-related injuries and illnesses. The Occupational Safety and Health Administration (OSHA) has indicated that COVID-19 infections are recordable injuries if they are work-related and they meet the Act’s recording criteria.

Recording requirements apply only to employers with more than 10 employees who are not in an exempt, low-risk industry. In addition, employers must report incidents that result in an employee’s fatality within eight hours. Incidents that result in inpatient hospitalization, amputation or loss of an eye must be reported within 24 hours. This Compliance Overview presents a summary of the reporting and recording requirements that will most likely apply to coronavirus cases in the United States. For additional information on OSHA reporting and recording requirements please contact Risk Management Advisors LLC or visit the OSHA

In-person requirements of the Employment Eligibility Verification (I-9 Form) process may be deferred under certain circumstances during the coronavirus (COVID-19) pandemic, the U.S. Department of Homeland Security (DHS) announced on March 20, 2020.             Download the “NEW – I-9 Form In-Person Rule May Be Deferred for Coronavirus” pdf     […]

The Affordable Care Act (ACA) requires applicable large employers (ALEs) to offer affordable, minimum value health coverage to their full-time employees or possibly pay a penalty. This employer mandate is also known as the “employer shared responsibility” or “pay or play” rules.

ALEs can use one of two methods to determine whether employees are full time under the employer shared responsibility rules:
  • The monthly measurement method determines full-time status for each calendar month based on the employee’s hours of service in that month.
  • The look-back measurement method determines full-time status for a longer period of time based on average hours of service during a prior period.

The U.S. Department of Labor (DOL) has directed its field staff to observe a temporary nonenforcement period for the paid leave provisions of the Families First Coronavirus Response Act (FFCRA). Issued on March 24, 2020, the DOL’s Field Assistance Bulletin No. 2020-1 (FAB) indicates that the agency will not take any enforcement actions against FFCRA-covered […]

Legal Update HeaderAs part of sweeping legislation—the Families First Coronavirus Response Act (FFCRA)—signed into law by President Trump on March 18, 2020, two laws were enacted that provide workers with paid leave for reasons related to the coronavirus (COVID-19) pandemic.

  • The “Emergency Family and Medical Leave Expansion Act” allows 12 weeks of partially compensated FMLA leave to care for a child whose school or child care facility has been closed due to COVID-19.
  • The “Emergency Paid Sick Leave Act” requires employers to provide 80 hours of paid sick time to employees in specified circumstances related to COVID-19 exposure and prevention.