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.


August 3, 2006

Ms. Joan Brooker
Safety Administrative Assistant
WACO® Scaffolding & Equipment
4545 Spring Rd.
Cleveland, OH 44131-8028

Dear Ms. Brooker:

Thank you for your March 24, 2006 letter to the Occupational Safety and Health Administration (OSHA) regarding the Injury and Illness Recording and Reporting Requirements contained in 29 CFR Part 1904. Specifically, you requested information on how to record a work-related injury when a physician recommends a work restriction but the employer sends the employee home because no restricted work is available.

Scenario: An employee is injured at work and placed on restricted work by a physician. The employer is not able to accommodate the employee in a work restriction and sends the employee home. Should the employer follow the physician's mandate and record the injury as restricted work, or because no restricted work was available and the employee was sent home, must the injury be recorded as days away from work?

Response: Section 1904.7 provides that a work-related injury or illness must be recorded if it results in death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, or a significant injury or illness diagnosed by a physician or other licensed health care professional.

Under the OSHA recordkeeping system, the employer has the ultimate responsibility for making good-faith recordkeeping determinations regarding an injury and/or illness. Employers must dec