Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at

February 21, 1992

Ms. Beverly King
Office Manager
Fishermen's Boat Shop, Inc.
1016 14th Street
Everett, Washington 98201-1691

Dear Ms. King:

Thank you for your letter of December 24, 1991, requesting clarification of the OSHA injury and illness recordkeeping requirements for workers covered by the Longshore and Harborworkers Act. The Longshore and Harborworkers Act provides medical and income benefits to injured or ill workers employed in maritime occupations. It's functions are very similar to those of State workers' compensation agencies.

The enclosed Recordkeeping Guidelines for Occupational Injuries and Illnesses describes employer's obligations to keep OSHA records. On pages 45 - 46, the guidelines describe the relationship between workers' compensation systems and the OSHA records. The only connection between the two is that workers' compensation forms may be used as a replacement for the OSHA Form 101, Supplementary Record of Occupational Injuries and Illnesses.

The fact that some of a firm's workers are covered by the Longshore and Harborworkers Act does not affect the companies' responsibility to maintain OSHA injury and illness records. If the firm is not exempt from recordkeeping due to their industry classification or size (see page 4 - 7 of the guidelines), the firm is required to maintain injury and illness records.

The counting of lost workdays (days away from work and/or days of restricted work activity) on the OSHA 200 log is described on pages 47 - 51 of the Guidelines. When counting lost workdays, do not include the initial day of injury or onset of illness, or any days on which the employee would not have worked even though able to work (holidays, vacations, etc.).

I hope this information will answer your questions about the recordkeeping requirements. If you have further questions please contact my staff at Area Code (202) 523-1463.


Stephen A. Newell
Acting Director
Office of Statistics