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Question: 

In the morning, upon arrival to the company parking lot at the start of the day, an employee parks his truck. He loses his balance when a strong gust wind catches the door and as he falls toward the pavement, his leg gets twisted and stuck under his seat, halting his fall a few inches before touching the pavement. The employee’s doctor provides medical treatment for a knee injury. Is it recordable?

Answer:

NO. The line where the commute ends is when the employee steps foot into the work establishment. Since the employee technically did not leave his vehicle, the commute had not ended and therefore it is not recordable.


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Question: 

An employee gets out of her vehicle after driving to work at the start of the day. She parks in a parking garage that is co-owned by her employer and another company. On her way down one of the parking garage’s staircases, she falls and breaks her arm and ultimately receives medical treatment. Is it recordable?

Answer:

MAYBE. One of the exceptions to work-relatedness is the commute. OSHA has a very clear delineation of when the commute ends and that is when the employee steps foot onto the work establishment. Therefore, if the parking garage is maintained by the company, it would be recordable. If the parking garage is not maintained by the company, then the employee had not yet ended her commute and the incident is not recordable.


1904.5(b)(2)(vii) Letter of Interpretation


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Question: 

An employee had a seizure at work. The worker is in his sixties and has never experienced a seizure prior to this. The worker did not suffer any injuries but was given prescription medication. There is no indication that the workplace/environment played any part in his seizure. Is it recordable?

Answer:

YES, but you have options. Section 1904.5 Determination of work-relatedness states: for OSHA recordkeeping purposes, work relationship is presumed for injuries and illnesses. Without any evidence to overcome it, the presumption of work-relatedness applies to this incident. Since the employee also received medical treatment, it must be recorded. It is recommended to have a medical professional make a determination of work-relatedness. If a doctor provides an opinion that the seizure was not work-related, it is not 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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