- Standard Number:1904.12(c)
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 https://www.osha.gov.
June 26, 2000
Gemma S. Calimeri
Senior Methods Specialist
475 South Street
Morristown, New Jersey 07962
Dear Ms. Calimeri:
Thank you for your letter dated June 8, 2000, requesting an interpretation regarding the proper mechanics of recording an occupational injury or illness on the OSHA Log 200. In your letter, you stated that your telecommunication installation support staff is considering implementation of the following recordkeeping procedure: "When an installer calls in claiming a job-related injury, we propose to record that injury after the injured employee has gone to a doctor and submitted the physician's report." You further state that "If the employee does not provide the medical information, then the case will not be recorded."
While I agree with your intent to ensure that the injured or ill workers receive the proper diagnosis and medical care, I believe the methodology outlined in your letter would not meet the OSHA injury and illness recordkeeping requirements under all circumstances. Employers are required to record all work related injuries and illnesses that result in days away from work on the OSHA Log 200 (see 29 CFR 1904.12(c)). Whether or not the employee chooses to seek medical treatment for the injury or illness does not alter this requirement. The case must still be recorded on the OSHA Log. Furthermore, employers are required to enter each recordable injury or illness on the Log as early as practicable but no later than 6 working days after receiving information that a recordable injury or illness has occurred (see 29 CFR 1904.2(a)(2)). Knowledge that a job related injury or illness resulted in days away from work, as described in your letter, is sufficient to start the count of the 6 workday period. Waiting on a medical report would not alter this requirement.
As stated on page 32 Q&A B-18 of the Recordkeeping Guidelines for Occupational Injuries and Illnesses, "medical verification is not required for recordability." While it is urgent that injured and ill workers receive the proper medical care, the fact remains that occupational injuries and illnesses that result in lost workdays must be recorded on the OSHA Log, regardless of medical treatment received by the worker.
I hope you find this information useful. If you have any questions, please feel free to contact the Division of Recordkeeping Requirements at (202) 693-1702.
Cheryle A. Greenaugh
Directorate of Information Technology