The Counting Rules
Under 29 CFR 1904.7(b)(3), the day of injury or illness is never counted. Counting starts the day after. Days are calendar days, not work days, which means weekends, holidays, vacation days, scheduled days off, and any other non-work day in the affected period are included if the employee was unable to return to normal work or remained on restriction.
- Day 0: The day of injury. Not counted, regardless of whether the employee finished the shift.
- Day 1+: Each subsequent calendar day until the employee is medically released to all routine job functions and a full work schedule.
- Stop date: The earlier of return-to-full-duty or the 180-day cap.
The 180-day cap: Days away and days restricted/transferred each cap at 180 calendar days. Once a category reaches 180, stop counting and may enter 180 in the column. The employer is not required to track beyond 180 days for OSHA purposes.
Days Away vs. Restricted vs. Transfer
Days Away (Column H)
The employee did not work at all that calendar day because of the case. Includes days when the employee would have been scheduled to work and days off — provided the employee was medically unable to work that day if asked.
Job Transfer or Restriction (Column I)
The employee worked but could not perform one or more routine job functions, worked fewer hours than normally assigned, or was temporarily moved to another job. Light duty in the same role is restriction. Movement to a different role is transfer. Both go in the same column.
If a case has both: A worker out for five days then returns on light duty for ten days has both 5 days away and 10 days restricted. Enter 5 in Column H and 10 in Column I. The most-severe-outcome column check follows the hierarchy: death > days away > restriction/transfer > other recordable.
The Routine Job Functions Test
A worker is on restriction if a treating provider has recommended that the employee not perform one or more routine job functions, or has recommended that the employee work fewer hours than normally assigned.
Routine job functions are tasks that the employee regularly performs at least once per week. A task that an employee performs once a month or once per shift cycle is not routine for purposes of this test. If the only functions the employee cannot perform are non-routine, there is no recordable restriction.
Common ambiguities:
- A no-lifting-over-20-lb restriction in a job whose routine duties top out at 15 lb is not a recordable restriction.
- A no-overhead-work restriction for a worker whose routine includes daily overhead reaching is a recordable restriction.
- A reduction in work hours from 10-hour shifts to 8-hour shifts that was medically recommended is restriction even if the employee performs every routine task.
The Medical Recommendation Rule
Days away or restricted accrue based on the medical recommendation, not on what the employee chooses to do. If a treating provider recommends two days off and the employee insists on coming to work, the employer must still record two days away. The employer also must keep the employee away if the medical recommendation says so — letting the employee work against medical advice does not reduce the count and may create separate liability.
Conversely, if the employee voluntarily takes days off without a medical recommendation, those days are not counted. The recommendation is the trigger.
Conflicting opinions: If two providers disagree, the employer can rely on the recommendation most consistent with the routine job functions test. It is appropriate to obtain a second opinion or occupational medicine review when an opinion appears inconsistent with the actual job demands.
Worked Examples
Example A — Friday injury, weekend off
A worker is injured Friday afternoon, finishes the shift, is told by the company clinic to stay home Saturday and Sunday and return Monday cleared. Friday is Day 0 (injury day, not counted). Saturday is Day 1, Sunday is Day 2. Monday the worker returns to full duty. Result: 2 days away.
Example B — Light duty bridge
A worker injures the shoulder Monday, sees a provider Tuesday, is told to stay home Wednesday and Thursday, then return Friday with a no-overhead restriction for two weeks. Monday Day 0. Tuesday and Wednesday and Thursday — Tuesday counts as restricted because the employee did not work at the routine duties. Wednesday and Thursday count as days away. Friday through the following 13 days count as days restricted (assuming overhead is routine). Total: 2 days away, 14 days restricted (the Tuesday plus 13 calendar days of restriction up to release).
Example C — Recurrence
A worker recorded as 3 days away in May returns to full duty, then experiences symptom recurrence in July from the same injury and loses 4 more days. Update the original 300 Log entry to show 7 days away. Do not enter a separate case if the recurrence is medically the same case.
Surgery and Anticipated Recovery
When a recordable case includes scheduled surgery, days begin the day after surgery if the employee was working in the interim, or continue from the original injury date if the employee was already off. The employer counts each recovery day until release. Pre-operative restriction also counts as restricted days.
If surgery occurs after a return to full duty (for example, a delayed rotator cuff repair), the days associated with surgery and recovery are added to the same case if it is the same medical condition. The 180-day cap applies to the cumulative count for that case.
Year-End Updates
Cases that span calendar years stay on the year of injury. Days incurred in the next calendar year are added to the prior-year case, not entered as a new case. The annual summary (Form 300A) totals the days as updated, with no cross-year transfer.
When a case is still open at year-end, enter the number of days accrued so far. Continue updating the entry as days accrue, up to the 180-day cap, until the case closes or the employee terminates.
Common Mistakes
Counting only work days. Calendar days govern. Weekends and scheduled days off count if the employee remained restricted or unable to work.
Counting the day of injury. Day 0 is never counted, even when the employee leaves immediately and never returns that shift.
Stopping the count when the case file closes administratively. Recording continues until the employee is medically released to all routine functions and full hours, or until the 180-day cap.
Not updating the original entry on recurrence. Same condition + same employee = same case. Add to the original line; do not create a new one.
Skipping recording when the employee works against medical advice. The medical recommendation is what counts. If the provider recommended time off, the days are recorded even if the employee showed up.