Determining if a work-related injury or illness resulted in restricted work activity/Job Transfer

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.

November 21, 2016

Arthur H. Roede
Welwyn Associates, LLC
200 Arden Crest Court
Cary, North Carolina 27513-3831

Dear Mr. Roede:

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 if the following scenario constitutes restricted work activity for OSHA recordkeeping purposes.

National Association of Manufacturers - 11/16/2001

Settlement Agreement

United States District Court for the District of Columbia

National Association of Manufacturers, Plaintiff, v. Elaine L. Chao, Secretary, U.S. Department of Labor, and John Henshaw, Assistant Secretary of Labor for Occupational Safety and Health, Defendants.

[Case No: 1:01CV00575 (GK)]

Revised Settlement Agreement