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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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


Bob Whitmore
Division of Recordkeeping Requirements