Standard Interpretations - Table of Contents
• Standard Number: 1904.4(a); 1904.5(b)(5)(ii)(B)

May 8, 2009

Ms. Linda Ballas
Linda Ballas & Associates
7129 Nightingale Drive
Holland, OH 43528

Dear Ms. Ballas:

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. In an effort to provide you with prompt and accurate responses, we developed, and continue to refine, a set of Frequently Asked Questions (FAQs). In addition, we maintain a log of Letters of Interpretation (LOI) on the OSHA Recordkeeping website.

You requested specific guidance on recordkeeping requirements relating to the administration of oxygen. Specifically, you ask whether the administration of oxygen in the following scenarios must be classified as a recordable injury:

[Question 1:] An EMT gives oxygen as "State protocol or standing order" after a workplace exposure even when the employee is "no longer experiencing signs or symptoms of needing oxygen."

Response 1: The employer must record this case on the OSHA Log. Under 29 CFR Subpart C, "Recordkeeping Forms and Recording Criteria," an injury must be recorded if it is work-related, is a new case, and meets one or more of the general recording criteria (such as resulting in medical treatment beyond first aid). See 29 CFR 1904.4(a). When OSHA revised its recordkeeping rules in 2001, it determined that the use of oxygen is "medical treatment," not first aid. 66 Fed Reg. 5988 (Jan. 19, 2001).

Although the employee in the scenario you describe "no longer" exhibit symptoms from a work-related exposure, the