Does an employee report of an injury or illness establish the existence of the injury or illness for recordkeeping purposes?

Frequently Asked Questions

Question: Does an employee report of an injury or illness establish the existence of the injury or illness for recordkeeping purposes?

Answer:

No. In determining whether a case is recordable, the employer must first decide whether an injury or illness, as defined by the rule, has occurred. If the employer is uncertain about whether an injury or illness has occurred, the employer may refer the employee to a physician or other health care professional for evaluation and may consider the health care professional's opinion in determining whether an injury or illness exists. [Note: If a physician or other licensed health care professional diagnoses a significant injury or illness within the meaning of §1904.7(b)(7) and the employer determines that the case is work-related, the case must be recorded.]

How can I find out if my State has an OSHA-approved plan?

Frequently Asked Questions

Question: How can I find out if my State has an OSHA-approved plan?

Answer:

The following States have OSHA-approved plans: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Virgin Islands, Washington, and Wyoming. Connecticut, New Jersey, and New York have plans that cover State and local government employees only.

Determining if injuries and illnesses are work-related when employees participate in off-site voluntary charitable activity.

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.

DOL-OSHA-DTSEM-2020-002 – This document does not have the force and effect of law and is not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

October 5, 2020

William K. Principe
Constangy Brooks, Smith & Prophete, LLP
230 Peachtree Street, NW
Atlanta, GA  30303-1557

Dear Mr. Principe:

Federal Program Change Summary Reports:

Final Rule on the Standards Improvements Project - Phase IV

Federal CFR:
FR Standard Date: 05/14/2019
Adoption Required - Yes
Intention Required - Yes
Federal Program Change Summary Reports:

Final Rule on the Tracking of Workplace Injuries and Illnesses

Federal CFR:
FR Standard Date: 01/25/2019
Adoption Required - Yes
Intention Required - Yes

Use of Zipstitich and Clozex to close a wound is medical treatment beyond first-aid.

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.

October 9, 2019

Kate Frank
Ascension Employer Solutions
1901 Westwood Center Blvd.
Wausau, WI 54401

Dear Ms. Frank:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 - Recording and Reporting Occupational Injuries and Illnesses. You asked whether the use of novel wound closure devices such as Clozex and ZipStitch for the treatment of minor lacerations is considered medical treatment beyond first aid for OSHA recordkeeping purposes.

Determining whether injuries in the company parking lot during paid company break are work-related.

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.

Mr. Richard T. Weber
Director, Safety, Health, &
Environmental Affairs
Flakeboard
100 Kingsley Park Drive
Fort Mill, SC 29715

Dear Mr. Weber:

Thank you for your letter of June 4, 2007 in which you provided the additional information we requested for an electronic e-correspondence Serial # 134670 dated May 15, 2007 and responded to on May 24, 2007.  You requested guidance on the recordability of an employee injury resulting from a car fire in the company parking lot when the employee was on a paid company break.

Determining whether the injury would apply to the work-related exception personal task and outside the assigned working hours

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.

July 29, 2019

Alan Parker, CSP
Corporate Health & Safety Specialist
Ergon, Inc.
P.O. Box 1639
Jackson, MS 39215-1639

Dear Mr. Parker:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 - Recording and Reporting Occupational Injuries and Illnesses. Specifically, you ask OSHA to clarify whether an injury sustained by an employee at your establishment is considered work-related for purposes of OSHA recordkeeping.

Clarification of soft tissue massage

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.

May 23, 2019

Sharon Dunn, PT, PhD
President
American Physical Therapy Association
1111 N. Fairfax Street
Alexandria, VA 22314

 

Dear Dr. Dunn:

 

Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding 29 CFR Part 1904 Recording and Reporting Occupational Injuries and Illnesses. Specifically, you ask whether other techniques of soft tissue massage that are similar to Active Release Techniques (ART) would be considered first-aid for purposes of OSHA recordkeeping.

Clarification on how to count calendar days resulting in days away from work

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.

April 3, 2019

Mr. Neil H. Wasser
Constangy, Brooks, Smith & Prophete, LLP
230 Peachtree Street, N.W.
Atlanta, GA 30303-1557

 

Dear Mr. Wasser: