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OSHA interpretation · 1994-02-11

Physician vs employee on the employee's ability to perform restricted work activity.

← All interpretations§ 1904

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.

February 11, 1994 Mr. David E. Jones Ogletree, Deakins, Nash, Smoak & Stewart 3800 One Atlantic Center 1201 West Peachtree Street, N.W. Atlanta, Georgia 30309 Dear Mr. Jones: Thank you for your letter dated February 3, requesting an interpretation concerning the proper recording of a case involving a disagreement between an employee and the employer's physician as to the employee's ability to perform restricted work activity. Guidance on this matter can be found in Q&As B-2 on page 26 and B-15 on page 50 of the Recordkeeping Guidelines for Occupational Injuries and Illnesses . If the employer and the employer's physician feel absolutely certain that the employee is able to perform restricted work activity, and the restricted work is made available to the employee, the case should be entered on the OSHA Log as a lost workday case and the days counted as days of restricted work activity (not as days away from work). The case should be well documented as to why the days are being counted as days of restricted work activity and not as days away from work. If, however, the employer has any doubt as to the employee's ability to perform the restricted work activity, the days should be counted as days away from work. I hope you find this information useful. If you have any 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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