['Injury and Illness Recordkeeping']
['OSHA Recordkeeping']
12/11/2023
...
Work-related stress which results in restricted work and/or days away from work would be recordable if:
- The employee volunteers the information, and
- The condition is verified by an appropriately trained health care provider.
The presumption of work relationship does not apply to mental illnesses — it must be diagnosed by a health care provider.
The regulation at 1904.5(b)(2)(ix) states, “Mental illness will not be considered work-related unless the employee voluntarily provides the employer with an opinion from a physician or other licensed health care professional with appropriate training and experience (psychiatrist, psychologist, psychiatric nurse practitioner, etc.) stating that the employee has a mental illness that is work-related.”
OSHA provided this clarification in the preamble to the recordkeeping rule:
“... the final rule requires employers to record only those mental illnesses verified by a health care professional with appropriate training and experience in the treatment of mental illness, such as a psychiatrist, psychologist, or psychiatric nurse practitioner. The employer is under no obligation to seek out information on mental illnesses from its employees, and employers are required to consider mental illness cases only when an employee voluntarily presents the employer with an opinion from the health care professional that the employee has a mental illness and that it is work related. In the event that the employer does not believe the reported mental illness is work-related, the employer may refer the case to a physician or other licensed health care professional for a second opinion.”
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