such a reading simply leaves open the question of what, cannabis santa claus and merry weedmas christmas ugly sweater if any, severity criteria apply to illnesses. A Senate bill provision without a counterpart in the House amendment permitted the Secretary to require
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“regardless of fault or preventability” should not be applied beyond reasonable limits. Specifically, it shouldn’t mean “tornado or earthquake” or other sudden, cannabis santa claus and merry weedmas christmas ugly sweater unforeseen catastrophic events over which the employer clearly could not have any control. Employers can, however, exercise control to prevent injury from some types of naturally occurring events. The terms “tornado or earthquake” should be replaced with more reasonable examples. Conversely, an injury may be recordable for OSHA’s purposes but not be covered by workers’ compensation. For example, in some states, workers’ compensation does not cover certain types of injuries (e.g., certain musculoskeletal disorders) and certain classes of workers (e.g., farm workers, contingent workers).
However, if the injury meets OSHA recordability criteria it must be recorded even if the particular injury would not be compensable or the worker not be covered. Similarly, some injuries, although technically compensable under the state compensation system, do not result in the payment of workers’ compensation benefits. For example, a worker who is injured on the job, receives treatment from the company physician, and returns to work without loss of wages would generally not receive workers’ compensation because the company would usually absorb the costs. However, if the case meets the OSHA recording criteria, the employer would nevertheless be required to record the injury on the OSHA forms. Leg. Hist. at 1190 . The former rule did not appropriately implement this intent. In the first place, OSHA’s prior interpretation that section 8 limits the applicability of the listed severity criteria only to injuries does not necessarily mean that illnesses must be recorded without regard to their significance. As a textual matter,