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The “unique occupational activity” test is unsuitable for essentially halloween black cat hello darkness my old friend christmas sweater the same reasons that militate against the first two alternatives described in the proposal.

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For example, many injuries and illnesses covered by workers’ compensation are not required to be recorded in the OSHA records. Such a situation would arise, halloween black cat hello darkness my old friend christmas sweater for example, if an employee were injured on the job, sent to a hospital emergency room, and was examined and x-rayed by a physician, but was then told that the injury was minor and required no treatment. In this case, the employee’s medical bills would be covered by workers’ compensation insurance, but the case would not be recordable under Part 1904. As NYNEX observed, employers must document work-related injuries and illnesses for both OSHA recordkeeping and workers’ compensation purposes. Many cases that are recorded in the OSHA system are also compensable under the State workers’ compensation system, but many others are not.

However, the two systems have different purposes and scopes. The OSHA recordkeeping system is intended to collect, compile and analyze uniform and consistent nationwide data on occupational injuries and illnesses. The workers’ compensation system, in contrast, is not designed primarily to generate and collect data but is intended primarily to provide medical coverage and compensation for workers who are killed, injured or made ill at work, and varies in coverage from one State to another. Ex. B. The law firm of Constangy, Brooks and Smith, LLC, urged OSHA to adopt the second alternative definition in the proposal because cases that are “predominantly caused by workplace conditions” are the ones most likely to be preventable by workplace controls. They stated, “ince OSHA’s ultimate mission is the prevention of workplace injuries and illnesses, it is reasonably necessary to require recording only when the injury or illness can be prevented by the employer.” Ex. .