Chronological Index of Interpretation Letters

2001

Danny Harris (10/29/01) Prescription, Whether or Not Filled

2002

Beth Nelson (2/6/02) Level of Employer Control

Carl Sall (8/8/02) Liquid Bandages on Wound

Baruch Fellner (11/19/02) Work-Related Recordability of Oxygen Administration

2003

Marcia Seeler (3/19/03) MRI Does Not Negate Physician’s Recommendation

Linda Ballas (5/8/03) Baseline Audiogram Revision/Each Ear Separately

Ed Foulke (6/23/03) Temporary/Leased Employees

Jeff Romine (7/22/03) Work-Related Exception

LaMont Byrd (11/7/03) Access to OSHA 300 Log and 300-A Summary

Alana Greer (12/18/03) Posting Requirements OSHA 300 and 300-A

2004

Bill Principe (1/13/04) Discernible Cause

Leann Johnson-Koch (1/15/04) Work-Relatedness

Carl Sall (3/4/04) Occupational Hearing Loss

Bill Kojola (8/2/04) HIPAA Privacy Requirements

Roger Bjork (8/26/04) Glue to Close Wound/Prescription Antibiotic

John Dempsey (8/26/04) Fatality in Foreign Location

John Dingell (10/5/04) Exercise as Medical Treatment

Neil Wasser (11/30/04) Determination of Date of Injury/Illness

2005

Cindy Bloyer (2/8/05) Hearing Loss

Dave Beyer (3/10/05) Prescription Medication

Milagros Flores (3/10/05) Assigned Working Hours/Breaks

Roy Kader (9/1/05) U.S. Boundaries

Laurel McDowell (9/7/05) Supervision of Temporary Workers

Thomas D. O’Connor (9/9/05) Access to 300 Logs, Union and Non-Union

Laurie Wells (9/9/05) Baseline Audiogram Shift Single Ear

Joseph Knollenberg (10/21/05) Supervision of Temporary Workers

Steve Olson (11/15/05) Medical Treatment Beyond First Aid

Chris Korleski (11/30/05) DAFW for Doctor Visits

Dave Beyer (12/21/05) New Case Based on Recurrence

2006

Robert Williams (2/10/06) Baseline Audiogram Shift Single Ear

Linda Ballas (4/24/06) RWA/DAFW Recorded as What Actually Occurred

Linda Ballas (4/25/06) Restrictions from Non-Routine Work

Linda Ballas (5/10/06) Hearing Loss – Consultant’s Conclusion Hearing Loss Not Bilateral Is Insufficient to Refute STS

Dimitrios Mihou (5/10/06) Six Wellness Activity Scenarios

Rick White (5/10/06) Personal Tasks Outside Normal Work Hours

Donna Cale (5/12/06) Work-Relatedness on Construction Site

Brian Price (5/12/06) Conflicting Medical Recommendations

Brian Allen (6/23/06) No Restricted Work Available

Michael Leahy (7/24/06) Active Release Techniques

Joan Brooker (8/3/06) No Restricted Work Available

Ricky Bryant (8/4/06) Use of Tetracaine to Remove Foreign Body in Eye

Lisa Beers (8/11/06) Work-Relatedness/Geographic Presumption

James MacDonald (8/11/06) Hearing Loss Below 85dB

Jill Ryan (8/11/06) Pre-Existing Condition and Significant Aggravation

Bill Principe (11/1/06) Revisions to Column F Description

Linda Ballas (11/2/06) Work Relationship and Geographic Presumption

2007

Melvin J. LeBlanc (1/24/07) Car Accident on Company Business

Jack Amberg (2/6/07) Traveling Between Offshore Oil Platforms (contract ees)

Linda Ballas (2/6/07) Five Scenarios Involving Prescription Medication

Brandon Muffoletto (2/6/07) Traveling Between Offshore Oil Platforms

John Klein (3/8/07) Work-Relatedness and Failed Drug Test

Rich Marcotte (3/8/07) Work-Relatedness and Employee Fault

Dana Smith (3/12/07) Prescription to Prevent Infection

Bill Principe (3/20/07) Fight in Parking Lot Before Work

Brian Leech (4/3/07) Damage to Employee Dentures

Orpha Thomas (4/3/07) Conflicting Medical Opinions

Brian Ellis (4/17/07) Wound Coverings v. Surgical Glue and Medical Treatment

David Coble (5/15/07) “Contemporaneous” Second Opinion

Theresa Schulz (8/29/07) Role of Physician/Audiologist in Determining Work Relationship in Hearing Loss Cases

Florence Indovina (10/9/07) Injury Date – Date Reported v. Date of Lost Time

Scott Desormeaux (10/29/07) Prescription for Pain Relief and Medical Treatment

Richard Weber (10/29/07) Injury in Car in Parking Lot While on Break

Royce Ramsay (10/30/07) Pulmonary Function Test/Loss of Consciousness

2008

Ed Fuqua (2/7/08) Work-Relatedness and Employee Fault

David Bridges (4/23/08) Electrical Stimulation and Exercise Are Medical Treatments

Glenn Podonsky (5/5/08) Heart Attack After Physical Fitness Training

Marie Williams More (5/22/08) Security Camera Evidence of No Injury

Lori Vaught (7/14/08) Falling from Car in Company Parking Lot

John Cleghorn (7/23/08) Record Case Where Injury Occurs

James Howard (8/12/08) Foreign Body in Eye Before Clocking In

Neil Wasser (8/26/08) Various Recordkeeping Scenarios

Janine Legg (12/29/08) Day-to-Day Supervision Takes Precedence Over Contract Language

2009

Betty Johnson (1/29/09) Electronic Signature on Form 300-A

Joe Winkelman (2/9/09) Work Relationship and Horseplay

Phillip Retallick (2/13/09) Bee Sting/Pre-existing EPI Pen Prescription

Bill Principe (2/24/09) Work Relationship and Off-Site Event

Jim Robinson (2/24/09) SIC Number Based on Establishment

Jay Gnadt (3/30/09) Saturday/Sunday Calendar Days Work

C. D. Pinkerton (3/30/09) Working at Home Injury

Victor Brame (3/31/09) Punching Cabinet in Anger

Michelle Geld (5/4/09) Injury on Day Off

Linda Ballas (5/8/09) Oxygen After Symptoms Cease

(Redacted Addressee) (6/5/09) Employer Has No Duty to Pursue Mental illness Diagnosis

Ken Houston (6/11/09) Dog Bite After Clocking Out

Joseph Berk (6/22/09) Infections Transferred on Office Equipment

Diane Nebel (6/25/09) Exposures Themselves Not Recordable

Linda Ballas (7/28/09) Administration of Oxygen – Ambulance Protocol

Matt Chandler (10/6/09) PPE Contributing to Heat Condition

Troy Miller (10/6/09) Eye Flushed, Provisional Prescription is Medical Treatment

Ron Lewis (11/16/09) Dislocation Popped Back in Place is Medical Treatment

2010

Eric Blankenheim (1/25/10) Muscle Soreness/Abnormal Condition

Scott Hayes (2/16/10) Work Relationship – Meaning of Assigned Work Hours

James Goodwyne (4/22/10) Food Allergy Reaction is Not Recordable 

Corby Autin (5/5/10) Employee Chosen Medical Leave not DAFW

Jason Orlic (5/5/10) Employee Chosen Absence not DAFW

Dr. Betsy D. Buehrer and Michael Nash (5/21/10) – Exercise Is Recordable

Linda Ballas (9/7/10) RWA for 16-hour Shifts and Rest Every Half Hour

Sandra Ohlson (9/24/10) Conflicting Doctor Opinions

Ken Colonna (11/15/10) Fracture in Parking Lot Returning from Lunch

2011

Jeffrey Baker (1/31/11) Hearing Loss

Bill Principe (2/25/11) Most Authoritative LHCP Recommendation

Ronald Muston (3/8/11) Hearing Loss

Bill Principe (3/22/11) Employee Electing to Take Bonus Holiday Is Not DAFW

Dr. Jay Alexius (4/18/11) Trigger Point Injections Are Medical Treatment

Paul Bragenzer (5/20/11) Exercise Is Medical Treatment

Brent Clark (8/10/11) Controlling Contractors’ Obligations to Record Cases

2012

Linda Ballas (2/1/12) Unpreventable Spider Bite is Work-Related

Belal Kayyali (6/6/12) Work-relatedness of Car Accidents

Naohisa Inoue (8/13/12) BLS Annual Survey

Laurie Wells (10/12/12) Hearing Loss - Retest Audiograms

Robert Greathouse (11/1/12) Pre-existing Condition - Allergy to Bee Sting with Self-Administered Epipen 

2013

Brandi Behrnes (6/26/13) “Reduction” of Dislocation is Medical Treatment

2014

Nathan Pangrace (2/28/14) New Case Determination - § 1904.6(b)(3) - Employer Must Follow Doctor's Determination

John Smart (2/28/14) Multiple 300 Logs - Continuous Presence at Client Establishments

Timothy Hayes (6/23/14) (a) Injury - Minor Scratch That Does Not Break Skin Is an Abnormal Condition (b) Medical Treatment - Anti-Viral Injection Given Out Of Abundance of Caution

Josh Chaffin (7/16/14) Medical Treatment - Whirlpool and Ultrasound Are Forms of Physical Therapy; Status of Provider Irrelevant

Steven Fischer (7/16/14) Work Relationship - Travel Outside Normal Geographic Area of Operation Is Not a Commute

Ashley James (8/18/14) Pre-existing Condition - Syncope Induced by Venipuncture

Gustavo Gonzalez (10/7/14) Work Relationship - Doctor Discovers During Surgery Following Fall That Fracture Was Unrelated to Fall at Work 

James Goodwyne (10/20/14) Work Relationship - (1) commute from "home away from home" to meeting is not work-related (2) return home from out of town meeting is work-related (3) required use of company bus to work site is work-related

Darren Hunter (10/20/14) Medical Treatment - Antibiotics as precautionary measure is still medical treatment

Linda Ballas (12/16/14) Amputation/Loss of an Eye - Avulsion (degloving, scalping, severed ears) Is Not Amputation; Loss of Sight Is Not Loss of an Eye

2015

John Pertgen (2/10/15) OSHA Jurisdiction - OSHA Has Jurisdiction over Vessels Operating Within State Territorial Waters (3 nautical miles from Coastal states and 9 nautical miles from Gulf Coast of Florida, Texas, and Puerto Rico); Employers of Such Vessels Are Required to Maintain OSHA 300, 301, AND 300A Forms Even Though Vessels Are Otherwise Regulated by the Coast Guard

Neil Wasser (2/12/15) Work Relationship - Stop at Convenience Store on the Way Home from Business Trip Is Work-Related

Fran Williams (2/12/15) Restricted Work - Although Related to Return to Work Without Restricted by a LHCP, Restriction by Company Policy Constitutes Restricted Work; Removal from Work Area Is Restricted Work Even If Removal Is Not Required by a Medical Removal Provision of an OSHA Standard 

Eric Austin (4/17/15) Reporting to OSHA - Loss of Sight Without Physical Removal of Eye and Loss of Tooth Are Not Reportable 

Rick Barnard (4/13/15) Work Relationship - Injury While Commuting Home Is Not Recordable, Even in Company Vehicle 

Feliza Guerrero (6/25/15) Completing the OSHA 300 Log/300A - National Janitorial Services Employer Must Keep Separate Log at Each Establishment Where Employees Will Be Working for More Than a Year

Jim Thornton (7/6/15) Medical Treatment - Use of Kinesiology Tape Is Included Within the Definition of First Aid Treatment 

Ron Cross (10/19/15) Loss of Consciousness - Loss of Consciousness Due to Viewing Blood at Workplace is Recordable 

Jeff Dahlquist et al. (10/19/15) Temporary Workers - Host Responsible For Recordkeeping Even Where Staffing Agency Has On-site Supervisors  

Bill Principe (11/6/15) Work Relationship - Sharing a Tennessee Plow (Personal Activities on Company Premises After Clocking Out) Is Not Work-related 

Jeffrey Painter (11/12/15) Significant Injury - Chipped, Broken, or Fractured Teeth When Diagnosed by a LHCP Are Recordable

Bill Principe (12/14/15) Medical Treatment - Direction to Continue Existing Wellness Stretching Exercises Is Not Medical Treatment 

2016

Leary Jones (3/21/16) Work Relationship - Drinking Alcohol Does Not Constitute Self-medication of a Non-work-related Condition

Barbara Jo Ruble (4/14/16) Medical Treatment - LHCP's Statement That Employee Should Continue Using Brace, Even If Not Necessary, Is Medical Treatment

Richard Stepkin (4/29/16) Hearing Loss - Use of Hearing Protection, By Itself, Does Not Justify Not Recording a Standard Threshold Shift; acknowledges Council for Accreditation in Occupational Hearing Conservation and the National Hearing Conservation Association provide useful guidance in determining work-relatedness

Darrell Hornback (5/25/16) Reporting - If a Physician Classifies Injury as An Avulsion, No Need to Report 

Gary Smiley (8/23/16) Work Relationship - Fork Truck Accident Occurring While Employee Was Talking Prescription Medicine For a Non-work-related Condition is Work-related; §5(b)(2)(ii) does not apply because injury was not solely the result of self-medication for non-work-related condition  

Harry Stollmack (8/23/16) Work Relationship - Motor Vehicle Accident While on Travel Status Caused by Drunk Driver Is Work-Related

Big Sky Industrial (8/23/16) Completing the OSHA 300 Log/300A-
Explanation of Incident Rate, Leading/Lagging Indicators

Scott Ege (9/9/16) Medical Treatment - Therapeutic Exercise Designed To Address Injury, Illness, Disorder, or Subjective Symptoms; exercise as part of safe work practices or as part of wellness program is not medical treatment 

Jeff McKinney (9/12/16) Work Relationship - §5(b)(3) Analysis Applied When Not Obvious Whether Eye Abrasion First Noted While Driving Home Occured at Work 

Arthur Roede (11/21/16) Restricted Work – Restriction from Working
In Biological Production area is not RWA where it is precaution
against product contamination 

2017

Fred Hartz (04/25/17) Recording and Reporting Occupational Injuries
And Illness 

Nichole Winnett (09/14/17) Injury – When a LHCP does not find signs
and symptoms despite employee complaints of subjective respiratory
symptoms, and LHCP prescribes an inhaler, there is no injury 

Eric Blankenheim (12/21/17) Medical Treatment – Cold Compression
Therapy devices are considered to be medical treatment

2018

Tom Binner et al. (1/12/18) Temporary Workers – HIPAA does not
prevent staffing agency from providing injured employee’s medical records

Eric Weinberger (7/27/18) Access to OSHA 300 Log – Employees, former employees, and authorized employee representatives have right of access to OSHA 300 Log with privacy concern cases remaining unidentified; government representatives have right of access to employee names of privacy concern cases

Tomasina Barton (8/9/18) Medical Treatment – Cold/compression therapy Device is considered medical treatment if compression side of device is used; first aid if only the cold therapy side

Rock Zierman (9/13/18) Medical Treatment – Use of Epi Pen constitutes
medical treatment

Daniel Clapper (9/13/18) Medical Treatment – OTC Brace or Splint
Recommended by LHCP is Medical Treatment Even if the Stays are Removed

Scott Sailor (11/14/18) First Aid – Use of Only the Cold Therapy Component of Cold Compression Therapy Device

2019

Neil H. Wasser (4/03/19) Days Away from Work (DAFW) – Continue to
Count DAFW When Projects End for Transient Workers Who are Inactive
Between Projects

Sharon Dunn (5/23/19) First Aid – Soft Tissue Massage Techniques
Like A.R.T. are First Aid

Alan Parker (7/29/19) Work Relationship – Cut by Personal Pocket Knife in Parking Lot During Lunch is Work Related

Kate Frank (10/09/19) Medical Treatment – Use of Clozex and ZipStitch is Medical Treatment

2020

William Principe (10/5/20) Work Relationship - Participation in Off-Site Voluntary Charitable Event is not Work Related 

2021

Kathryn McMahon (1/8/21) Reporting -- No need to Double Report Admissions to a Hospital Followed by a Fatality

Bryan D. LeMoine (3/17/21) Work Relationship -- Fragrance Sensitivity Significantly Aggravated When Inhaler Used After Exposure

Brad T. Hammock (3/17/21) Work Relationship - Injury at Work Followed By Aggravation of Military Exercises is Work-related

Edwin G. Foulke Jr. (3/17/21) Work Relationship -- Injury at Work Followed By Aggravation of Military Exercises is Work-Related

Elizabeth Treanor (3/17/21) Work Relationship -- Commute to First of Many Multipule Customer Worksites and Commute from Hotel to Customer are Not Work-related 

2022

Stephen Newell (1/4/22) Determining if injuries or illnesses are work-related when involved in a motor vehicle accident