2.1 Recording Criteria, Exclusions & First Aid vs. Medical Treatment

2.1 Recording Criteria, Exclusions & First Aid vs. Medical Treatment

Under the Occupational Safety and Health Act of 1970, accurate recordkeeping is a foundational element of workplace safety management. Regulations set forth in 29 CFR Part 1904 require employers to track, record, and evaluate occupational injuries and illnesses. The purpose of these records is not to assign fault or assess liability, but rather to collect national occupational safety statistics, enable employers and workers to identify hazard patterns, and guide OSHA compliance inspections.

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Scope & Coverage Exemptions (29 CFR 1904.1 & 1904.2)

Not all employers are required to maintain routine OSHA injury and illness logs. OSHA provides two primary categories of partial exemptions from recordkeeping:

1. Small Employer Exemption (29 CFR 1904.1)

An employer that had 10 or fewer employees at all times during the preceding calendar year across all company establishments is exempt from routinely keeping OSHA injury and illness records.

• Threshold Calculation: Count all full-time, part-time, temporary, seasonal, and contract workers directly supervised by the employer. If the total number of workers at any point during the calendar year reaches 11 or more, the employer loses the small employer exemption for that entire calendar year.
• Scope of Exemption: Small employers are exempt from maintaining Forms 300, 300A, and 301, but they are not exempt from reporting fatalities, inpatient hospitalizations, amputations, or loss of an eye under 29 CFR 1904.39, nor from participating in annual Bureau of Labor Statistics (BLS) surveys if selected in writing.

2. Low-Hazard Industry Exemption (29 CFR 1904.2)

Establishments classified in specific low-hazard service, retail, finance, real estate, or educational industries listed in Appendix A to Subpart B of Part 1904 (classified by North American Industry Classification System - NAICS codes) are partially exempt from maintaining routine OSHA records.

Note: If an establishment in a low-hazard industry is requested in writing by OSHA or the BLS to collect records for a statistical survey, it must comply.

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Work-Relatedness Determination (29 CFR 1904.5)

Before an injury or illness can be recorded, the employer must determine if it is work-related. An injury or illness is presumed work-related if an event or exposure in the work environment either caused or contributed to the resulting condition, or significantly aggravated a pre-existing injury or illness.

The Work Environment Definition

OSHA defines the work environment as the establishment and other locations where one or more employees are working or present as a condition of employment. It includes physical locations as well as equipment or materials used by the employee during the course of work.

Geographic Presumption & Statutory Exceptions

Under 29 CFR 1904.5(b)(2), an injury or illness occurring in the work environment is presumed work-related unless it falls strictly under one of nine specific exceptions:

1. Member of General Public: The employee was present in the work environment as a member of the general public rather than as an employee.
2. Non-Work Symptoms: Symptoms surface at work but arise solely from a non-work-related event or exposure (e.g., a diabetic seizure or epileptic fit unrelated to workplace hazards).
3. Voluntary Wellness & Recreational Activities: The injury or illness results solely from voluntary participation in a company-sponsored wellness program, medical exam, fitness activity, or recreational event (e.g., playing in a voluntary lunch-hour softball game).
4. Personal Food Preparation & Consumption: The injury or illness results solely from eating, drinking, or preparing food or drink for personal consumption (e.g., choking on food brought from home or scalding a hand while microwaving personal soup). Exception: If the food is contaminated by workplace hazards (e.g., lead dust on lunchroom tables), the case IS work-related.
5. Personal Tasks Outside Working Hours: The injury occurs while the employee is performing personal tasks (unrelated to employment) at the establishment outside assigned working hours.
6. Personal Grooming & Self-Medication: The injury or illness results solely from personal grooming, self-medication for a non-work-related condition, or intentionally self-inflicted harm.
7. Motor Vehicle Accidents during Commute: The injury occurs in a motor vehicle accident in the company parking lot or access road while the employee is commuting to or from work.
8. Common Cold or Flu: The illness is the common cold or flu.
9. Mental Illness: Mental illness is not considered work-related unless the employee voluntarily provides a written medical opinion from a physician or licensed health care professional (PLHCP) with appropriate training stating that the mental illness is work-related.

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General Recording Criteria (29 CFR 1904.7)

An injury or illness is recordable on the OSHA 300 Log if it is work-related AND meets one or more of the following general recording criteria:

                    Work-Related Injury or Illness
                                  │
            ┌─────────────────────┴─────────────────────┐
            ▼                                           ▼
 Meets General Criteria (1904.7)             Special Recording Cases
  • Death                                    • Needlestick / Sharps (1904.8)
  • Days Away from Work                      • Medical Removal (1904.9)
  • Job Transfer / Restricted Work           • Hearing Loss / STS (1904.10)
  • Medical Treatment Beyond First Aid       • Tuberculosis Exposure (1904.11)
  • Loss of Consciousness
  • Diagnosed Significant Injury/Illness

1. Death

Any work-related injury or illness that results in the fatality of an employee must be recorded on Form 300 (Column G) and Form 301, and reported to OSHA within 8 hours under 29 CFR 1904.39.

2. Days Away from Work (Column H)

If a work-related injury or illness causes an employee to miss one or more full days of work, the case must be recorded as a Days Away Case.

• Counting Rule: Do not count the day of the injury/onset. Begin counting calendar days (including weekends and holidays) on the day after the injury occurred.
• Maximum Cap: Employers may cap the count of days away from work at 180 calendar days.

3. Restricted Work or Job Transfer (Column I)

Restricted work occurs when an employer or PLHCP keeps an employee from performing one or more routine functions of their job (activities regularly performed at least once per week) or from working a full workday. Job transfer occurs when an employee is assigned to a different job for all or part of the day. Like days away, restricted work days are capped at 180 calendar days.

4. Medical Treatment Beyond First Aid (Column J)

Medical treatment means the management and care of a patient to combat disease or disorder. It does not include diagnostic procedures (X-rays, blood tests) or any treatment strictly falling under OSHA's 14 first-aid categories.

5. Loss of Consciousness

Any work-related event that causes an employee to lose consciousness — regardless of how brief the duration (even a few seconds) — must be recorded.

6. Diagnosed Significant Injury or Illness

Certain severe, work-related conditions diagnosed by a PLHCP must be recorded even if they do not result in death, days away, restricted work, or medical treatment beyond first aid. These include:

• Fractured or cracked bones or teeth
• Punctured eardrums
• Cancer
• Chronic irreversible diseases (e.g., asbestosis, silicosis, occupational asthma)

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The Mandatory 14 First-Aid Treatments (29 CFR 1904.7(b)(5)(ii))

OSHA's definition of first aid is exhaustive and strict. Section 1904.7(b)(5)(ii) establishes an exclusive list of 14 treatments. If a treatment appears on this list, it is considered first aid (and does NOT trigger recording unless another criterion is met). Any treatment not listed on this 14-item list is legally classified as medical treatment.

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The 7-Calendar-Day Log Entry Rule (29 CFR 1904.29(b)(3))

Once an employer receives information that a recordable injury or illness has occurred, the employer has 7 calendar days to enter the case onto the OSHA Form 300 Log and complete the OSHA Form 301 Incident Report. Calendar days include weekends and holidays. Failing to log a recordable case within 7 calendar days constitutes a recordkeeping violation.