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Nate BraymenQuestion:
Two employees collide into each other while walking at work. One employee gets hot tea spilled on their arm. The employee sees a doctor and is cleared to work but claims he can't work and goes home for the rest of the day. He returns to work the next day. Is it recordable?
Answer:
NO. The recommendation made by a licensed health care professional, and the actions of the employer are determinative for recordkeeping purposes, not the opinion of the employee. Since the licensed healthcare professional cleared the employee for work, it is not considered days away from work if the employee took an optional day off.
1904.7(b)(3)(ii) How do I record an injury or illness when a physician or other licensed health care professional recommends that the worker stay at home, but the employee comes to work anyway? You must record these injuries and illnesses on the OSHA 300 Log using the check box for cases with days away from work and enter the number of calendar days away recommended by the physician or other licensed health care professional. If a physician or other licensed health care professional recommends days away, you should encourage your employee to follow that recommendation. However, the days away must be recorded whether the injured or ill employee follows the physician or licensed health care professional's recommendation or not. If you receive recommendations from two or more physicians or other licensed health care professionals, you may make a decision as to which recommendation is the most authoritative, and record the case based upon that recommendation.
1904.7(b)(3)(iii) How do I handle a case when a physician or other licensed health care professional recommends that the worker return to work but the employee stays at home anyway? In this situation, you must end the count of days away from work on the date the physician or other licensed health care professional recommends that the employee return to work.
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