Q48 - Employee Opts to Work

Question: 

An employee is involved in a vehicle accident while driving from one worksite to another during their shift. They are directed by a health care professional to take time off work to recover. The employee decides to disregard the instructions and reports to work anyway. Is it recordable?

Answer:

YES, it is recordable. It is the health care professional’s opinion that determines recordability, not the opinion 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.

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