- Standard Number:
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 http://www.osha.gov.
THE ISSUES RELATED TO OSHA AND WORK AT HOME ARE PRESENTLY UNDER REVIEW. SEE ASSISTANT SECRETARY JEFFRESS' JANUARY 28, 2000 TESTIMONY REGARDING OSHA COVERAGE OF WORKING AT HOME.
June 21, 1993
Mr. Neil H. Wasser
Constangy, Brooks & Smith
230 Peachtree Street, N.W.
Atlanta, Georgia 30303-1557
Dear Mr. Wasser:
Thank you for your letter dated June 2, requesting interpretations on several OSHA injury and illness recordkeeping issues. I will respond by first restating your question and then answering it. Whenever possible, I will reference the Recordkeeping Guidelines for Occupational Injuries and Illnesses by citing the appropriate page and Q&A numbers.
Q1 Part 1904.2 of the Code of Federal regulations (CFR) provides, in pertinent part, that an employer may maintain the OSHA 200 Log by means of data-processing equipment if at each establishment "there is available a copy of the log which reflects separately the injury and illness experience of that establishment complete and current to a date 45 calendar days." (Emphasis added).
As you know, many companies now maintain their OSHA 200 Log on computers located at each establishment. Will OSHA consider the Logs to be sufficiently "available" if they can be produced by simply entering a print command into the computer whenever a request is made to review the Log, or must the establishment have an actual hard copy of the Log on hand at all times?
A1 If the establishment is capable of printing the Log immediately upon request, it will be considered to be within compliance of 29 CFR 1904.2.
Q2 Assume that an employee incurs a work related injury that is recordable as a result of "medical treatment." Assume further that the employee is required to periodically visit the treating physician for follow-up observation and/or treatment. If the employee is involved in an automobile accident resulting in medical treatment and/or lost workdays while driving to the doctor, are the injuries resulting from the automobile accident "work related" for OSHA recordkeeping purposes? Does it make any difference if the employee is leaving for the doctor's appointment from home versus from work?
A2 The scenario outlined above would not be considered work related. Additional injury or illness that results from direct consequences of a previous work related case (without additional workplace events or exposures) should be attributed to the original case (page 45, Q&A F-17). This includes situations such as adverse reactions to medications, time lost due to case related elective surgery, or complications during surgery, etc. On the other hand, additional injury or illness sustained from circumstances which are secondary to the original case (such as driving the car in the above scenario) is not considered work related and therefore should not be attributed to the original case.
I hope you find this information helpful. If you have any further questions, please contact my staff at Area Code (202) 219-6463.
Stephen A. Newell
Office of Statistics