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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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

March 5, 1998

Don Trepp
Coors Brewing Company
Box 4030
Golden, CO 80401-0030

Dear Mr. Trepp:

Thank you for your FAX of January 6, 1998 asking for a review and final interpretation of an incident that occurred on June 15, 1997. I will respond to your FAX by restating your questions and then answering them.

1. Which Office of DOL has the final authority for the interpretation of injury/illness recordkeeping issues as it relates to OSHA recording?

The OSHA Office of Statistics, Division of Recordkeeping Requirements, is responsible for maintaining the occupational injury and illness recordkeeping requirements nationwide.

2. Does the authority of the interpretation of this federal office apply to establishments covered by State Plans?

29 Code of Federal Regulations (CFR) 1952.4 requires that the 25 States and territories with their own OSHA approved occupational safety and health plans must adopt recordkeeping and reporting regulations which are "substantially identical" to those set forth in 29 CFR Part 1904. Therefore, the definitions used must be identical to ensure the uniformity of collected information. A state is permitted to require supplemental reporting or recordkeeping data, but that State must obtain approval from the Bureau of Labor Statistics to insure that the additional data will not interfere with "the primary uniform reporting objectives."

3. To be consistent with the intent of OSHA recording guidelines, should the case in question be recorded as (a) Lost Workday Case involving days away from work and days of restricted work activity or (b) Lost Workday Case involving only days of restricted work activity?

The ER physician's note in the "other comments" section of the Medical Treatment Report form appears to release the employee to return to work the following day for restrictions. Based upon this note, the case should be recorded as a lost workday case involving only days of restricted work activity.

I hope that you find this information useful. If you have further questions, please contact us at Area Code (202) 219-6463.


Bob Whitmore
Division of Recordkeeping Requirements

Enclosure: Federal Register/Vol 61, No. 23/February 2, 1996/Proposed Rules, pp 4054-5