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OSHA interpretation · 1995-08-15

OSHA injury and illness recordkeeping requirements.

← 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 15, 1995 Glenn Gill Marketing Coordinator Ciser Systems Corp. 3-1079 Wellington Avenue Winnipeg MB Canada R3E 3E8 Dear Mr. Gill: Thank you for your letter requesting several interpretations regarding OSHA injury and illness recordkeeping requirements. Your letter was forwarded to my office by the Bureau of Labor Statistics. The Division of Recordkeeping Requirements is responsible for maintaining the injury and illness recordkeeping system nationwide. I will address your questions in the order they were presented and wherever possible, refer to the Recordkeeping Guidelines for Occupational Injuries and Illnesses (enclosed) by stating the appropriate page and Q&A numbers. 1. It is acceptable to use any technique of entry correction that is desired (e.g. line out, erase, white out, or computer deletion of the original entry and reentry of a case if necessary). The main issue is not the method of correction used, but rather that the records are complete, accurate, and legible. 2. The count of lost workdays (i.e. days away from work and/or days of restricted work activity) include any day on which the employee was unable to work or was restricted except (1) the initial day of injury or onset of illness, and (2) any day on which the employee would not have worked even though able to work (i.e. holidays, weekends, etc.). Thus as noted in your example, your understanding that Tuesday should be counted as a day away from work is correct. (Q&A B-2, page 48) 3. Recordable injuries and illnesses must be entered on the log no later than 6 workdays after the employer learns that a case has occurred. If the case entails lost workdays beyond the 6 day period, the employer should make a good faith estimate of the number of lost workdays the case will require. The same holds true for generating year end totals. When the employee(s) returns to work, the estimate should be replaced with the actual number of workdays lost. (Q&A B-5 & B-6, page 48). There is no set formula for estimating day counts. Whenever possible, please rely on existing medical information and opinion to estimate the day counts (section B.2, page 25). 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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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.