Standard Interpretations - (Archived) Table of Contents|
| Standard Number:||1904.12(c) ; 1904.2(a)|
|Compliance guidance provided by OSHA represents OSHA's explanation, clarification or application of the provisions of the OSH Act, OSHA standards or OSHA regulations, but it does not add to, alter or replace those provisions, which alone are legally binding. Compliance guidance depends on the particular facts and circumstances described in the request for guidance. The existence of other facts or circumstances may lead to a different conclusion. You should also be aware that OSHA's compliance guidance is subject to periodic review and clarification, amplification, or correction and can also be affected by subsequent rulemaking or other changes in the law. One way for you to track future changes that might affect the information provided herein is by consulting OSHA's web-site at http://www.osha.gov.|
June 26, 2000
Gemma S. Calimeri
Senior Methods Specialist
475 South Street
Morristown, New Jersey 07962
Dear Ms. Calimeri:
Thank you for your letter dated June 8, 2000, requesting an interpretation regarding the proper mechanics of recording an occupational injury or illness on the OSHA Log 200. In your letter, you stated that your telecommunication installation support staff is considering implementation of the following recordkeeping procedure: "When an installer calls in claiming a job-related injury, we propose to record that injury after the injured employee has gone to a doctor and submitted the physician's report." You further state that "If the employee does not provide the medical information, then the case will not be recorded."
While I agree with your intent to ensure that the injured or ill workers receive the proper diagnosis and medical care, I believe the methodology outlined in your letter would not meet the OSHA injury and illness recordkeeping requirements under all circumstances. Employers are required to record all work related injuries and illnesses that result in days away from work on the OSHA Log 200 (see 29 CFR 1904.12(c)). Whether or not the employee chooses to seek medical treatment for the injury or illness does not alter this requirement. The case must still be recorded on the OSHA Log. Furthermore, employers are required to enter each recordable injury or illness on the Log as early as practicable but no later than 6 working days after receiving information that a recordable injury or illness has occurred (see 29 CFR 1904.2(a)(2)). Knowledge that a job related injury or illness resulted in days away from work, as described in your letter, is sufficient to start the count of the 6 workday period. Waiting on a medical report would not alter this requirement.
As stated on page 32 Q&A B-18 of the Recordkeeping Guidelines for Occupational Injuries and Illnesses, "medical verification is not required for recordability." While it is urgent that injured and ill workers receive the proper medical care, the fact remains that occupational injuries and illnesses that result in lost workdays must be recorded on the OSHA Log, regardless of medical treatment received by the worker.
I hope you find this information useful. If you have any questions, please feel free to contact the Division of Recordkeeping Requirements at (202) 693-1702.
Cheryle A. Greenaugh
Directorate of Information Technology
|Standard Interpretations - (Archived) Table of Contents|