Tracking of Workplace Injuries and Illnesses

  • Publication Date:
  • Publication Type:
  • Fed Register #:
    83:36494-36507
  • Title:
  [Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
  [Proposed Rules]
  [Pages 36494-36507]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2018-16059]


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  DEPARTMENT OF LABOR

  Occupational Safety and Health Administration

  29 CFR Part 1904

  [Docket No.

Clarification regarding the applicability of the recording criteria involving restricted work.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

February 12, 2015

Fran B. Williams
UCOR
P.O. Box 4699
Oak Ridge, TN 37831

Dear Ms. Williams:

Thank you for your letter dated April 23, 2014 to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 - Recording and Reporting Occupational Injuries and Illnesses. Specifically, you ask if any of the following scenarios constitute restricted work activity for OSHA recordkeeping purposes.

Scenario 1

Determining whether an injury or illness is work-related and recordable

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

October 19, 2015

Ron Cross
Simonton Windows & Doors
5300 Briscoe Road
Parkersburg, WV 26105-8125

Dear Mr. Cross:

Thank you for your August 12, 2015, letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping requirements contained in 29 CFR Part 1904 - Recording and Reporting Occupational Injuries and Illnesses. Specifically, you requested clarification on whether an employee's laceration and subsequent fainting at the sight of blood constitutes a recordable case on the OSHA Form 300.

Clarification on the recording of injuries involving broken or chipped teeth

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

November 12, 2015

Jeffery Painter
Fortis Energy Services, Inc.
36700 Woodward Avenue
Suite 107
Bloomfield Hills, Michigan 48304

Dear Mr. Painter:

Determining whether daily stretches are considered medical treatment or fist-aid.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

December 14, 2015

William Principe
Constangy Brooks Smith & Prophete, LLP
230 Peachtree Street, NW
Suite 2400
Atlanta, Georgia 30303-1557

Dear Mr. Principe:

Results of an MRI do not negate the recordability of a physician's recommendation.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

March 19, 2003

Ms. Marcia Seeler
Health and Safety Consultant
Post Office Box 3154
Wellfleet, Massachusetts 02667

Dear Ms. Seeler:

Evaluation of seven scenarios for work-relatedness and recordkeeping requirements.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

January 15, 2004

Ms. Leann M. Johnson-Koch
1200 Nineteenth Street, N.W.
Washington, D.C. 20036-2412

Dear Ms. Johnson-Koch:

Determination of a case as days away or restricted work; case must be recorded in manner reflecting what actually occurs.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

April 24, 2006

Ms. Linda Ballas & Associates
4413 Copper Creek Lane
Toledo, Ohio 43615

Dear Ms. Ballas:

This is in response to your letter dated March 7, 2005. In your letter, you presented the scenario listed below and requested clarification of how it should be recorded on the OSHA Form 300.

All prescription medications, including preventive antibiotics, should be considered medical treatment and are recordable.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

March 10, 2005

Mr. Dave Beyer
EHS Coordinator
Lucas Milhaupt
5656 S. Pennsylvania Ave.
Cudahy, WI 53110

Dear Mr. Beyer:

Thank you for your letter of October 1, 2004 seeking clarification of the circumstances in which an antibiotic is considered medical treatment. You state that an employee was sent to the hospital to have a splinter removed and was given an antibiotic as a precautionary measure. You ask whether the case could be considered non-recordable because the medication was given only as a preventive measure.