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Question: 

After clocking out for the day, the employee is walking to their vehicle in the employer-maintained lot. A heavy tool they tucked into their belt, slips down through their pantleg and strikes the top of their foot. An x-ray reveals a broken bone. They were not authorized to take the tool. Is it recordable?

Answer:

YES. The employee had not yet began his commute and therefore, the injury falls under the geographic presumption of work-relatedness. A broken bone is considered severe enough to be recordable.


1904.5(a) Basic requirement. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in §1904.5(b)(2) specifically applies


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Question: 

While serving popcorn on behalf of the company to visitors, one visitor comments there is too much salt on the popcorn. The employee begins sampling the popcorn to gauge the amount of salt they are adding. While sampling the popcorn, a piece of corn becomes lodged in their throat and they cough profusely until they lose consciousness. The employee is unharmed other than a sore throat. Is it recordable?

Answer:

YES. The employee is participating in activities in the interest of the employer and losing consciousness one category of OSHA recordable.

1904.7(b)(1) How do I decide if a case meets one or more of the general recording criteria? A work-related injury or illness must be recorded if it results in one or more of the following:

1904.7(b)(1)(v) Loss of consciousness.

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Question: 

An employee is injured and is provided a splint with semi-rigid stays by a doctor as treatment. Is it recordable?

Answer:

YES. Splints are used to immobilize the body part which makes this medical treatment and recordable, even if it is considered semi-rigid or has removable stays, a splint will always be considered medical treatment for recordkeeping purposes.

Letter of Interpretation Section 1904.7(a) of OSHA's recordkeeping regulation requires employers to record work-related injuries and illnesses that result in medical treatment beyond first aid. Section 1904.7(b)(5)(ii)(F) states the use of any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc., is considered first aid for OSHA recordkeeping purposes. Section 1904.7(b)(5)(ii)(F) further states that orthopedic devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes. If the brace is rigid and is being used to immobilize the injured body part, then this is considered medical treatment and recordable. Otherwise, using any non-rigid means of support is considered first aid and not recordable.

Furthermore, OSHA does not use the term “semi-rigid” because the purpose of an orthopedic device is to immobilize the body part. For OSHA recordkeeping purposes, a splint will always be considered medical treatment, even if the “splint” is fabricated to fit the injured employee. Therefore, if an employee has a work-related injury that results in the use of a “splint,” the case will always be recordable.

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