Standard Interpretations - Table of Contents
• Standard Number: 1904.7(b)(3)(iv); 1904.7(b)(4)(xi)

March 30, 2009

Mr. Jay R. Gnadt, CSP, CRM
Lockton Companies of Dallas, Inc.
1814 Childress Lane
Allen, TX 75013

Dear Mr. Gnadt:

Thank you for your February 3, 2009 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. 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.

Scenario: Your letter requests guidance on the following scenario:

An employee is scheduled to work from 8 AM to 5 PM on Saturday and from 8 AM to 5 PM on Sunday. The employee is considered "part time" and works only 16 hours per week on this regular weekend schedule. The employee reports an injury at 2 PM on Sunday, and is placed on restricted duty for 30 days by a physician.

Under Part 1904, should the employer count only the days that the employee was scheduled to work (weekends only) as the restricted days, or calendar days from the day the restricted work began? Also, on what day should the employer begin counting restricted days?

Response: You would use calendar days for your count as stated in sections 1904.7(b)(3)(iv) and 1904.7(b)(4)(xi) of OSHA's recordkeeping regulation and start the count on the day after the injury. You must enter the number of calendar days recommended by the physician (30 days of restricted work activity).

On page 5972 of the January 19, 2001 preamble to the final rule revising OSHA's recordkeeping regulation, the following is s