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February 11, 1994

Mr. David E. Jones
Ogletree, Deakins, Nash, Smoak & Stewart
3800 One Atlantic Center
1201 West Peachtree Street, N.W.
Atlanta, Georgia 30309

Dear Mr. Jones:

Thank you for your letter dated February 3, requesting an interpretation concerning the proper recording of a case involving a disagreement between an employee and the employer's physician as to the employee's ability to perform restricted work activity. Guidance on this matter can be found in Q&As B-2 on page 26 and B-15 on page 50 of the Recordkeeping Guidelines for Occupational Injuries and Illnesses.

If the employer and the employer's physician feel absolutely certain that the employee is able to perform restricted work activity, and the restricted work is made available to the employee, the case should be entered on the OSHA Log as a lost workday case and the days counted as days of restricted work activity (not as days away from work). The case should be well documented as to why the days are being counted as days of restricted work activity and not as days away from work. If, however, the employer has any doubt as to the employee's ability to perform the restricted work activity, the days should be counted as days away from work.

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