['Injury and Illness Recordkeeping']

['Injury and Illness Recording Criteria', 'OSHA Recordkeeping']

08/25/2025

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If an employee requiring days away from work is terminated based on a post-accident drug test, when can the employer stop the day count?

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If an employee requiring days away from work is terminated based on a post-accident drug test, when can the employer stop the day count?

RegSense Safety & Health Injury and Illness Recording Criteria General Industry Safety OSHA Recordkeeping Best Results Occupational Safety and Health Administration (OSHA), DOL FAQ USA English Focus Area Injury and Illness Recordkeeping

Under 1904.7(b)(3)(vii), the employer may stop counting days away from work if an employee who is away from work because of an injury or illness leaves the company for some reason unrelated to the injury or illness, such as retirement or a plant closing. However, when the employer conducts a drug test based on the occurrence of an accident resulting in an injury at work and subsequently terminates the injured employee, the termination is related to the injury. Therefore, the employer must estimate the number of days that the employee would have been away from work due to the injury and enter that number on the 300 Log.

['Injury and Illness Recordkeeping']

['Injury and Illness Recording Criteria', 'OSHA Recordkeeping']

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