Job13

OSHA interpretation · 1993-10-28

The concept of restricted work.

OSHA’s standing caveat

Interpretation letters explain existing requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. Enforcement guidance may be affected by later changes to OSHA rules, and a letter addresses the facts it was given — not necessarily yours.

October 28, 1993 Ms. Donna Lite Safety Training Administrator Hallmark Cards, Inc. 2501 McGee, Mail Drop 314 Kansas City, Missouri 64141 Dear Ms. Lite: Thank you for your letter dated September 20, requesting an interpretation for an OSHA injury and illness recordkeeping issue. Your letter was forwarded to my office by Ted Bach. For OSHA injury and illness recordkeeping purposes, the concept of restricted work is based on three criteria as follows: 1. The employee was assigned to another job on a temporary basis, or 2. the employee worked at a permanent job less than full time, or 3. the employee worked at his or her permanently assigned job but could not perform all the duties normally connected with it. Furthermore, an employee's normal job duties has been interpreted to mean anything the employee would be expected to do throughout the calendar year. The situation described in your letter (i.e. "the employee is performing all functions of his or her normal job, but at a slower pace") does not fall into the above criteria and should not be considered restricted work activity. I hope you find this information useful. If you have further questions please contact us at Area Code (202) 219-6463. Sincerely, Bob Whitmore Chief Division of Recordkeeping Requirements

Reproduced verbatim from osha.gov. US Government work, public domain (17 U.S.C. § 105).

Other letters on the same sections

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Not legal advice. This page republishes 29 CFR Part 1904 as published by the eCFR and explains it. The recordkeeping duty is the employer’s. Where the rule requires judgement, Job13 says so rather than guessing — run your own case through the free check.