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Q212 - Soft Tissue Massage

Question: 

An office employee reports a pain in their neck after spending many hours at a new desk next to their supervisor. The occupational health nurse provides soft tissue massage and performs an ergonomic evaluation of their work station to prevent future problems. Is it recordable?

Answer:

NO. Soft tissue massage is considered first aid treatment and is therefore not recordable.

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1904.7(b)(5)(ii) What is "first aid"? For the purposes of Part 1904, "first aid" means the following:

1904.7(b)(5)(ii)(M) Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes);

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Letter of Interpretation Section 1904.7(b)(5) of OSHA’s recordkeeping regulation requires employers to record work-related injuries and illnesses that result in medical treatment beyond first aid. Under Part 1904, medical treatment does not include "first aid" as defined in paragraph 1904.7(b)(5)(ii). The section specifically states that "using massages" is first aid. See, subparagraph (M). Section 1904.7(b)(5)(iii) goes on to state that the list of first aid treatments in section 1904.7(b)(5)(ii) is a comprehensive list of first aid treatments. Any treatment not included on the list is not considered first aid for OSHA recordkeeping purposes.

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Q211 - Angry Clown

Question: 

While participating in a voluntary family fun day at work, an employee gets into an altercation with a clown when he is squirted with water. As a result, the employee ends up with a broken nose and receives medical treatment. Is it recordable?

Answer:

NO. The injury occurred while the employee was voluntarily participating in a family fun day. Voluntary participation in recreational activities are not considered work-related.

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Letter of Interpretation Injuries that result solely from voluntary participation in recreational activities are generally not considered work-related.

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Q210 - Rescue Inhaler

Question: 

While welcoming a guest to the office and escorting them in the elevator, an employee is exposed to heavy perfume. The employee has non-occupational asthma and is forced to self-medicate using a rescue inhaler that was prescribed by their personal physician. Is it recordable?

Answer:

YES. Even though the asthma is a pre-existing condition, OSHA states that a pre-existing illness can become recordable when an event or exposure in the work environment significantly aggravates the condition.

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Letter of Interpretation Section 1904.5(b)(4) states, “A pre-existing injury or illness has been significantly aggravated, for purposes of OSHA injury and illness recordkeeping, when an event or exposure in the work environment results in . . . (iv) Medical treatment in a case where no medical treatment was needed for the injury or illness before the workplace event or exposure, or a change in medical treatment was necessitated by the workplace event or exposure.” Section 1904.5(b)(5) provides that an injury or illness is a pre-existing condition if it resulted solely from a non-work-related event or exposure that occurred outside the work environment.












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