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to determine whether the case is recordable or compensable, or both. pug santa full printing christmas sweater Although the cases captured by the OSHA system and workers’ compensation sometimes overlap, they often do not.

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that lead to a recordable work-related injury or illness are “beyond the employer’s control,” at least as that phrase is commonly interpreted. pug santa full printing christmas sweater  Nevertheless, because such an injury or illness was caused, contributed to, or significantly aggravated by an event or exposure at work, it must be recorded on the OSHA form . This approach is consistent with the no-fault recordkeeping system OSHA has adopted, which includes work-related injuries and illnesses, regardless of the level of employer control or non-control involved. The issue of whether different types of cases are deemed work-related under the OSHA recordkeeping rule is discussed in the Legal Authority section, above, and in the work-relationship section (section 1904.5) of this preamble.

The qualification “necessarily” robs the sentences of their meaning and makes them inaccurate. Using the word erroneously implies that merely listing an injury sometimes does mean that the employer or employee was at fault, that an OSHA standard was violated, or that the employee is eligible for workers’ compensation. Clearly, this is not what OSHA intended to convey. Indeed, the word “necessarily” may actually worsen the problem OSHA seeks to solve, for attorneys and consultants reading the proposed provision might well advise employers that the provision actually endorses some uses of a listing against an employer. As a result of these differences between the two systems, recording a case does not mean that the case is compensable, or vice versa. When an injury or illness occurs to an employee, the employer must independently analyze the case in light of both the OSHA recording criteria and the requirements of the State workers’ compensation system