Standard Interpretations - Table of Contents
• Standard Number: 1904.7; 1904.7(a); 1904.7(b)(3)(ii); 1904.7(b)(3)(iii); 1904.7(b)(4)(viii)

May 5, 2010

Mr. Corby Autin
A&E Compliance Solutions, LLC
P.O. Box 475
Galliano, LA 70354

Dear Mr. Autin:

Thank you for your February 12, 2010 letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 - Recoding and Reporting Occupational Injuries and Illnesses. In an effort to provide you with prompt and accurate responses, we developed and continue to refine a set of Frequently Asked Questions (FAQ), in addition to maintaining a log of Letters of Interpretation (LOI) on the OSHA Recordkeeping web site.

Your letter states that your client had an employee that was injured on the job and the employee was released by a physician without any lost or restricted time, did not receive any prescriptions, injections or stitches. X-rays were negative and the employee returned to work and continued working without any complaints of pain or treatment for the injury. The employee recently took medical leave and claims it was due to the incident that occurred several months ago.

Question: Can my client take the position that there was no lost time from the incident and that the current condition giving rise to a medical leave is either from an undetermined event or pre-existing condition and therefore not a recordable incident?

Response: Under Section 1904.7(a) OSHA states: "You must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if it results in any of the following: death, days away from