We had an employee twist his knee at work early in the morning.  He said the injury has not bad and refused to seek medical treatment.  He worked the rest of the day without any limitations.  He called out of work the next day saying he didn't sleep well because of his leg.  He did return to work two days later with no signs of pain and indicated it did not bother him.  He said he didn't come to work the previous day because he was tired from lack of sleep and long work days but the leg added to his lack of sleep.  Any help would be appreciated.

I'm not sure but check out 1904.5(a). Unless you can find an exception under (b)(2) it would appear to be recordable.

NO, I do not feel that this alleged injury is recordable.  There was no medical treatment and the employee decided to take the days off on his own.  We do not know if it existed on not.  Going by OSHA rules, there was no medical treatment, no prescription medication, no restricted duty or job transfer per doctors restrictions, there was no time lost due to doctors orders and he did not die.  NO, NO, NO, this is not a recordable incident.   This is a case that the person wanted some days off for something else.  He even admitted, "tired from lack of sleep and long work days." He just wanted some time off.  Next time force him to go to the clinic and see if they find anything wrong.  If you have an attendance policy, he should be treated as absent and possibly not calling in every day.  I have had this before where they are working overtime and just want some time off and try to fake an injury.  Hopefully he was looking for another job in those days he was "resting".  This will continue with him and others if you don't call the bluff now.

Good luck.