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EEOC, DOL, and OSHA Activity For Employers To Note

The Equal Employment Opportunity Commission (EEOC) has delayed the submission of this year’s EEO-1 forms until March 2021 due to the COVID-19 pandemic.  Each year, employers must submit demographic workforce data by March 31 for the prior calendar year.  The EEOC determined to collect both 2019 and 2020 data in March 2021 given the challenging compensation data of these past few months.

The Department of Labor (DOL) published updated COBRA notices to notify eligible individuals of their right to continued health care coverage following a triggering event (including termination or a significant reduction in hours as has occurred in many workplaces due to the COVID-19 pandemic).  In particular, the DOL published a model general notice, a model election notice, and an FAQ document on the updated notices.  Employers should implement using the updated notices immediately.

The Occupational Safety and Health Administration (OSHA) has issued revised record-keeping requirements as to COVID-19.  On April 10, 2020, OSHA issued an Interim Enforcement Response Plan advising that most employers would not be required to make work-related determinations for COVID-19 cases for purposes of recording workplace illnesses.  Changing course, OSHA now says in its revised Enforcement Guidance that all employers must make reasonable efforts, based on the evidence available to it, to determine whether a particular case of COVID-19 is work-related.  The revised policy sets forth guidance to use when determining if an employer has complied with its obligation of making a reasonable determination of work-relatedness that focuses on the; (1) reasonableness of the employer’s investigation into work-relatedness; (2) the evidence available to the employer; and (3) the evidence that a COVID-19 illness was contracted at work.

If your business has been impacted by the COVID-19 pandemic, please contact the attorneys at Kollman & Saucier, P.A. by calling (410) 727-4300.

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