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OSHA interpretation · 1995-10-17

Several OSHA injury and illness recordkeeping issues.

← 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.

October 17, 1995 James F. Smith Mountain Technical Center 10100 West Ute Avenue Post Office Box 625005 Littleton, Colorado 80162-5005 Dear Mr. Smith: Thank you for your letter dated September 19, requesting interpretations regarding several OSHA injury and illness recordkeeping issues. Your letter was forwarded to my Office from the Directorate of Compliance Programs. The Division of Recordkeeping Requirements is responsible for the administration of the injury and illness recordkeeping system nationwide. Whenever possible, I will refer to the Recordkeeping Guidelines for Occupational Injuries and Illnesses by citing the appropriate page and Q&A numbers. Deciding if injuries and illnesses are recordable entails making decisions regarding work relationship, recognition and classification of a condition, and determination of the outcome and extent of the case. All of these decisions must be made in good faith by the employer. The decisions must be made in accordance with the requirements of the OSH Act, 29 CFR Part 1904, and the instructions found in Recordkeeping Guidelines for Occupational Injuries and Illnesses and on the back of the recordkeeping forms (page 25, section B(2)). Q&A B-18 on page 32 of the Guidelines specifically refers to the existence of an injury or illness, and the appropriate supporting medical information. Determining whether a case has occurred is the first step in the recordkeeping process. The next step, covered in section C on page 32, is to determine work relationship. Information from medical, hospital, or supervisor records should be reviewed along with other pertinent information when making decisions regarding all of the aspects in evaluating injury and illness cases. Removal of foreign bodies from a wound (other than in the eye) is considered medical treatment if the procedure is complicated because of the depth, size or location of the embedment. If the removal is by simple means, the procedure is considered first aid. For OSHA injury and illness recordkeeping purposes, use of tweezers to remove embedded objects from the skin is considered first aid (see page 43). 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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The free recordability check works through Part 1904 in the order the regulation sets out and quotes the provision behind every step.

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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.