- 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.
August 1, 1994
Mr. Roy E. Gibbs
Office of Occupational Safety
Department of Energy
Washington, D.C. 20585
Dear Mr. Gibbs:
Thank you for your letter dated July 18, requesting clarification regarding the recording of an illness involving lost workdays on the OSHA 200 Log. Based upon the facts presented in your letter, the case should include 220 days of restricted work activity and 1 day away from work. It is apparent that on the day of the first surgery (to the right wrist) the employee did not perform any work even though he or she was required to "clock in" before reporting to the hospital. Because no work was performed, the day must be recorded as a day away from work and not as a day of restricted work activity.
Termination or suspension of employment may stop the count of lost workdays only if unrelated to the employee's injury or illness. If the employee's furlough, as described in your letter, was in any way related to his or her wrist problems, the lost workdays must be counted. If the employee would have been furloughed regardless of the illness, the days need not be counted.
I hope you find this information useful. If you have any further questions, please contact us at Area Code (202) 219-6463.
Division of Recordkeeping Requirements