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Doctor Clears Employee but Employee Takes Time Off
Question:
An employee is involved in a vehicle accident while driving from one work site to another during their shift. They are not badly injured and receive clearance to return to work by a doctor. The employee decides to take time off because they feel shaken up by the accident. Is it recordable?
Answer:
NO. It is not recordable. The opinion of the medical professional and the actions of the employer are what determine the recordability, not the opinion or actions of the employee.
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.