OSHA "Days Away" Recordable?
Scenario: Employee sustained an injury and requires physical therapy. The employee is able to continue working with no job restrictions. The employee continues to work full-time. However, the employee will participate in physician-recommended physical therapy. At times, PT will take place during normal work hours, so the employee is using their personal time to leave work and attend PT.
Given the circumstances, we have already determined the case is recordable. We are now trying to determine if this case is considered "Days Away".
Thoughts?
Comments (7)
As long as they did not have any restrictions and they are able to perform their job at full capacity, it would not count as "days away from work". Below is a letter of interpretation from OSHA for a similar situation.
"Injury Scenario #1: An employee sustained a work-related ankle injury (sprain) and received medical treatment. The employee immediately returned to work with restrictions. The employee's doctor has requested that the employee return for periodic office visits so that he can observe the patient's improvement. The employee's doctor states that on the days the employee has an appointment, the employee is "unable to work that date." Your question concerns whether the days used by the associate [employee] to visit the doctor for follow-up, should be considered as days away from work?
Response #1: The days the employee did not work because he needed to travel to his doctor's office for observation of the injury should not be counted as days away from work on the OSHA log. As long as the employee was physically able to perform his restricted duty job, and the doctor's recommendation not to work on the days in question was made solely to ensure that the employee was free to keep the appointment for observation, you would count the time as restricted work activity."
https://www.osha.gov/laws-regs/standardinterpretations/2005-11-30
I agree with Drew. “Not Days Away.”
I am a little unclear if you are sure the injury occurred due to his employment with you. Unless I was sure the injury did occur at or because of work, I would get a doctor’s report specifying the injury was “work-related!” You might have a shot at a “non-recordable.” If the doc says “work-related” and you still question it, there are further steps you can take.
If you are sure the injury occured you have a Recordable but not a “Days Away!”
No ltr.