Job13
Sign inCheck a case

OSHA interpretation · 1994-08-01

Recording of an illness involving lost workdays.

← 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.

August 1, 1994 Mr. Roy E. Gibbs Acting Director Office of Occupational Safety Department of Energy Washington, D.C. 20585 Dear Mr. Gibbs: Thank you for your letter dated July 18, requesting clarification regarding the recording of an illness involving lost workdays on the OSHA 200 Log. Based upon the facts presented in your letter, the case should include 220 days of restricted work activity and 1 day away from work. It is apparent that on the day of the first surgery (to the right wrist) the employee did not perform any work even though he or she was required to "clock in" before reporting to the hospital. Because no work was performed, the day must be recorded as a day away from work and not as a day of restricted work activity. Termination or suspension of employment may stop the count of lost workdays only if unrelated to the employee's injury or illness. If the employee's furlough, as described in your letter, was in any way related to his or her wrist problems, the lost workdays must be counted. If the employee would have been furloughed regardless of the illness, the days need not be counted. 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

Deciding a case of your own?

The free recordability check works through Part 1904 in the order the regulation sets out and quotes the provision behind every step.

Check a case — free

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.