March 10, 2005

Mr. Dave Beyer
EHS Coordinator
Lucas Milhaupt
5656 S. Pennsylvania Ave.
Cudahy, WI 53110

Dear Mr. Beyer:

Thank you for your letter of October 1, 2004 seeking clarification of the circumstances in which an antibiotic is considered medical treatment. You state that an employee was sent to the hospital to have a splinter removed and was given an antibiotic as a precautionary measure. You ask whether the case could be considered non-recordable because the medication was given only as a preventive measure.

If the antibiotic was a prescription medication, the case is recordable regardless of whether the medication was given solely as a preventive measure. In the preamble to the final recordkeeping rule, OSHA specifically addressed the use of prescription antibiotics for prophylactic reasons. The agency concluded that all prescription medications should be considered medical treatment because they are powerful substances that can only be prescribed by a licensed health care professional. See 66 Fed. Reg. 5986 (January 19, 2001).

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. In addition, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov. If you have any further questions, please contact the Division of Recordkeeping Requirements at 202-693-1702.

Sincerely,



Keith Goddard, Director
Directorate of Evaluation and Analysis