OSHA and state agencies across the country are advising employers to refer to guidance developed by the Centers for Disease Control (CDC) to reduce exposure to COVID-19 for their employees, to plan for instances of exposure in the workplace, and to develop a plan of action for responding to employee exposure.

Of particular importance for business owners is the question of what to do if an employee is infected with COVID-19. First, the CDC recommends that the employer should inform other employees who may have been exposed of that possibility. Employers should keep in mind that the Americans with Disabilities Act (ADA) prohibits identifying the infected employee in such circumstances. Second, for employers of 10 or more employees who identify COVID-19 infections that result from workplace exposure, OSHA requires that such instances be recorded in the employer’s OSHA 300 log.

When in doubt, NFSA recommends that employers err on the side of disclosing to employees situations in which they may have been exposed to COVID-19 on a job site, either by a fellow employee or someone else who has been diagnosed with COVID-19 or is in the process of medical evaluation.

Please note that the preceding guidance is current as of March 29, 2020, and will be updated as necessary.