Job13

OSHA interpretation · 1995-06-15

The proper recording of a case of the OSHA Log and Summary Occupational Injuries and Illnesses.

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.

June 15, 1995 Diane Whittier, Manager Occupational Safety & Health Programs Westinghouse Electric Corporation Westinghouse Building Gateway Center Pittsburgh, Pennsylvania 15222 Dear Ms. Whittier: Thank you for your letter dated April 25, requesting an interpretation regarding the proper recording of a case on the OSHA Log and Summary of Occupational Injuries and Illnesses. 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. Historically, the phrase, "employee's normal job duties" has been interpreted to include any tasks that the employee performs or may be expected to perform throughout the calendar year. An occupational injury which results in a restriction which keeps an employee from entering a contaminated area (which that employee would have been expected to enter if not for the injury) meets criteria 3 and must be recorded on the OSHA Log as a case involving restricted work activity. Q&A B-7 on page 30 of the Guidelines deals exclusively with exposures. The scenario described in your letter involves an employee who has experienced an occupational injury (small cut on finger). 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.