Massage Therapy/ART and Other Cutting-Edge Issues in Recordkeeping

OSHA’s injury and illness recordkeeping requirements may seem straightforward on their face, but there are many nuances in how they are actually applied that can create challenges to determining whether an injury or illness is recordable and how to record it. OSHA has issued numerous forms of guidance interpreting the various provisions of the recordkeeping standard, including letters of interpretation, enforcement guidance, FAQs, and preambles to the various final rules amending the recordkeeping standard. In addition, Occupational Safety and Health Review Commission (“OSHRC”) decisions provide some additional interpretations that establish how various parts of the recordkeeping rule are expected to be implemented by employers. And as a broader scope of recordkeeping data is being collected by OSHA and enforcement activity rises, the opportunities for OSHA to identify recordkeeping concerns increase as well.

Recently, there have been interpretations and OSHRC decisions that impact and alter how certain aspects of the recordkeeping standard have been understood. For example, a 2024 enforcement guidance memorandum provides guidance on evaluating recordability of musculoskeletal disorders and sets expectations for compliance officers evaluating recordkeeping compliance when conducting inspections, specifically how they should evaluate the repeated use of first aid treatment and whether that is the extent of the care provided. Also, a recent decision on how to record mental health conditions creates new hurdles for employers in trying to determine whether the mental health condition constitutes a work-related illness.

This webinar will review some of OSHA’s more recent and impactful recordkeeping guidance, as well as important nuances in interpreting the recordkeeping standard.

Participants in this webinar learned:

• Why its important to get recordkeeping right
• Essential nuances to the most frequently applied aspects of the recordkeeping standard; i.e., determining work-relatedness, days away versus work restriction, what constitutes medical treatment beyond first aid, etc.
• Recent guidance/interpretations impacting application of various provisions of the recordkeeping standard
A webinar from Conn Maciel Carey LLP.

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