Job13
Sign inCheck a case

OSHA interpretation · 1996-10-07

Conflicting medical opinions and determination of the recordability of a case.

← 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 7, 1996 Wanda Padgett Westinghouse Savannah River Company Post Office Box 816 Aiken, South Carolina 29802 Dear Ms. Padgett: Thank you for your facsimile dated September 18, requesting and interpretation regarding conflicting medical opinions and determination of the recordability of a case. Cases involving restricted work activity where the employee is restricted on the day of the injury or illness only must be recorded as a case without lost workdays (column 6 or 13) regardless of whether the case is recordable for any other reason (see Q&A C-2, page 52 of the Recordkeeping Guidelines). Decisions made for OSHA injury and illness recordkeeping purposes are not based on hindsight, but must be based on what actually occurred. If the plant physician examines an employee the day after the injury or illness and determines that the employee can work at full capacity, the case should not be considered a lost workday case involving days of restricted work activity. 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.