Standard Interpretations - Table of Contents|
| Standard Number:||1904.7; 1904.7(b)(3); 1904.7(b)(4)(i)|
|This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any situation not delineated within the original correspondence.|
"The final rule's restricted work provisions also clarify that work restriction must be imposed by the employer or be recommended by a health care professional before the case is recordable. Only the employer has the ultimate authority to restrict an employee's work, so the definition is clear that, although a health care professional may recommend the restriction, the employer makes the final determination of whether or not the health care professional's recommended restriction involves the employee's routine functions. Restricted work assignments may involve several steps: a Health Care Professional's (HCP) recommendation, or employer's determination to restrict the employee's work, the employer's analysis of jobs to determine whether a suitable job is available, and assignment of the employee to that job. All such restricted work cases are recordable, even if the health care professional allows some discretion in defining the type or duration of the restriction..." See 66 Federal Register (page 5980, 3rd column), January 19, 2001.In the above scenario, the physician determined that the employee should be placed on a work restriction, but the employer was not able to accommodate the employee and the employer sent the employee home. Under Part 1904, because the employer has the ultimate responsibility to determine if and how a case should be recorded, the case should be designated as "Days away from work."
|Standard Interpretations - Table of Contents|