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OSHA interpretation · 1997-09-02

Preexisting conditions usually do not affect recordability.

← 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.

September 2, 1997 Brian J. Murphy Services Supervisor Union Camp Corp. PO Box 459 Seaboard, NC 27876 Dear Mr. Murphy: Thank you for your letter dated July 28, 1997 requesting an interpretation about a recordkeeping case. Please excuse the delay in our response. I will cite the Recordkeeping Guidelines for Occupational Injuries and Illnesses by page and Q&A number(s) whenever possible. The first criterion for determining recordability is whether or not the case results from a work accident or an exposure in the work environment (Chart 2, page 32). Preexisting conditions usually do not affect determinations of recordability under the OSH Act. If it seems likely that an event or exposure in the work environment either caused or contributed to the case , the case is work related (B17, page 32). Since the employee's symptoms surfaced on the employer's premises, a work relationship is presumed, particularly since he performed his normal duties for approximately 8 hours before stating that he could not do his job. The question is whether the symptoms were the result of an identifiable event or exposure in the work environment for there to be a recordable case (B-17, page 32). In this case, the employee was involved in an automobile accident prior to reporting for work and the employee told the shift supervisor that he "felt funny" when he arrived at work at 6:12 PM. However, he was able to perform his normal duties until approximately 2:00 AM when he was unable to pry a conveyor chain. If it seems likely that an event or exposure in the work environment either caused or contributed to the case, the case is work related, even though the exact time or location of the particular event or exposure cannot be identified (B17, page 32). Since we cannot be certain if the back injury resulted solely from the accident or was the result of the pushing motion at work, the case is considered work related. 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.