In each of the eight scenarios in your letter, the activity engaged in by the employee at the time ofthe injury (walking, tripping, climbing a staircase, sneezing, bending down) is an “event” whichwould trigger application of the presumption. In the absence of evidence to overcome the presumption,the injury is work-related. Thus, in the absence of evidence to overcome the presumption, anankle injury caused by a trip that occurred while the employee was walking down a level seamlesshallway at work is work-related, regardless of whether the accident is attributable to a defect in thehall. By the same reasoning, if the activity of walking down a hallway caused the employee’s kneeto buckle or to sprain the ankle, the injury is work-related. If an injury or illness did not resultfrom an identifiable event or exposure in the work environment, but only manifested itself duringwork, the injury is not work-related. For example, if the employee had a non-occupational event orexposure, and there is no evidence of a work-related event or exposure that was a cause of theinjury or illness, the injury should not be recorded.You also ask whether the determination of work-relationship would be affected by the existence ofa pre-existing condition, whether work-related or non-work-related, affecting the same body partthat is injured. Under the rule, a pre-existing condition is an injury or illness resulting solely from anon-work-related event or exposure. If an employee’s pre-existing condition is worsened as a resultof an event or exposure at work, the case is not work-related unless the work event or exposure“significantly aggravated” the preexisting condition (i.e., the case meets the recording criteria containedin Section 1904.5(b)(4). If the employee with a pre-existing work-related injury to a bodypart suffers a subsequent work-related injury of the same type to the same body part, the subsequentinjury is recordable (assuming the general recording criteria are met) if it is a “new case” asdiscussed in Section 1904.6.Thank you for your interest in occupational safety and health. We hope you find this informationhelpful. <strong>OSHA</strong> requirements are set by statute, standards and regulations. Our interpretation lettersexplain these requirements and how they apply to particular circumstances, but they cannot createadditional employer obligations. This letter constitutes <strong>OSHA</strong>’s interpretation of the requirementsdiscussed. Note that our enforcement guidance may be affected by changes to <strong>OSHA</strong> rules. In addition,from time to time we update our guidance in response to new information. To keep appraisedof such developments, you can consult <strong>OSHA</strong>’s website at http://www.osha.gov. If you have any furtherquestions, please contact the Division of <strong>Recordkeeping</strong> Requirements, at 202-693-1702.§1904.6Sincerely,Frank FrodymaActing DirectorDirectorate of Evaluation and Analysis48<strong>OSHA</strong> RECORDKEEPINGHANDBOOK
Section 1904.7General recording criteria(66 FR 6126, Jan. 19, 2001)REGULATION: Section 1904.7Subpart C – <strong>Recordkeeping</strong> forms and recording criteria (66 FR 6123, Jan. 19, 2001)Note to Subpart C: This Subpart describes the work-related injuries and illnesses that an employer mustenter into the <strong>OSHA</strong> records and explains the <strong>OSHA</strong> forms that employers must use to record work-relatedfatalities, injuries, and illnesses.Section 1904.7 General Recording Criteria(a) Basic requirement.You must consider an injury or illness to meet thegeneral recording criteria, and therefore to be recordable,if it results in any of the following: death, daysaway from work, restricted work or transfer to anotherjob, medical treatment beyond first aid, or loss ofconsciousness. You must also consider a case tomeet the general recording criteria if it involves a significantinjury or illness diagnosed by a physician orother licensed health care professional, even if itdoes not result in death, days away from work,restricted work or job transfer, medical treatmentbeyond first aid, or loss of consciousness.(b) Implementation.(1) How do I decide if a case meets one or more ofthe general recording criteria?A work-related injury or illness must be recordedif it results in one or more of the following:(i) Death. See Section 1904.7(b)(2).(ii) Days away from work. See Section1904.7(b)(3).(iii) Restricted work or transfer to another job. SeeSection 1904.7(b)(4).(iv) Medical treatment beyond first aid. SeeSection 1904.7(b)(5).(v) Loss of consciousness. See Section1904.7(b)(6).(vi) A significant injury or illness diagnosed by aphysician or other licensed health care professional.See Section 1904.7(b)(7).(2) How do I record a work-related injury or illnessthat results in the employee’s death?You must record an injury or illness that results indeath by entering a check mark on the <strong>OSHA</strong> 300 Login the space for cases resulting in death. You mustalso report any work-related fatality to <strong>OSHA</strong> withineight (8) hours, as required by Section 1904.39.(3) How do I record a work-related injury or illnessthat results in days away from work?When an injury or illness involves one or moredays away from work, you must record the injury orillness on the <strong>OSHA</strong> 300 Log with a check mark in thespace for cases involving days away and an entry ofthe number of calendar days away from work in thenumber of days column. If the employee is out for anextended period of time, you must enter an estimateof the days that the employee will be away, andupdate the day count when the actual number ofdays is known.(i) Do I count the day on which the injury occurredor the illness began?No, you begin counting days away on the dayafter the injury occurred or the illness began.(ii) How do I record an injury or illness when aphysician or other licensed health care professionalrecommends that the worker stay at home butthe employee comes to work anyway?You must record these injuries and illnesses onthe <strong>OSHA</strong> 300 Log using the check box for caseswith days away from work and enter the numberof calendar days away recommended by thephysician or other licensed health care professional.If a physician or other licensed health care professionalrecommends days away, you shouldencourage your employee to follow that recommendation.However, the days away must berecorded whether the injured or ill employee followsthe physician or licensed health care professional’srecommendation or not. If you receiverecommendations from two or more physicians orother licensed health care professionals, you maymake a decision as to which recommendation isthe most authoritative, and record the case basedupon that recommendation.(iii) How do I handle a case when a physician orother licensed health care professional recommendsthat the worker return to work but theemployee stays at home anyway?In this situation, you must end the count of daysaway from work on the date the physician or§1904.7<strong>OSHA</strong> RECORDKEEPINGHANDBOOK49
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(2) May I line-out or erase a recor
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Section 1904.12Recording criteria f
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These new statistics would add only
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Sections 1904.13 - 1904.28 Reserved
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different types of occupational ill
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LETTERS OF INTERPRETATION: Section
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Question 2: Under 29 CFR Section 19
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Section 1904.31Covered employees(66
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label assigned to a worker is immat
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These workers should be evaluated j
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Response: A case is work-related if
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Response: Section 1904.31 states th
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Thank you for your interest in occu
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year covered by the summary. The su
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2. Number of employees and hours wo
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June 23, 2003Mr. Edwin G. Foulke, J
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PREAMBLE DISCUSSION: Section 1904.3
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Incident Report (Forms 300 and 301,
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workers’ compensation claim. See
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Section 1904.39Reporting fatalities
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gation. Therefore, the final rule d
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Section 1904.40Providing records to
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ness. The government inspector may
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Response: The controlling employer
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FREQUENTLY ASKED QUESTIONS: Section
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OSHA and the BLS have worked togeth
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provide copies of the retained reco
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FREQUENTLY ASKED QUESTIONS: Section
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Section 1904.46Definitions(66 FR 61
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inconvenience associated with keepi
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skin disease, respiratory disorder,
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