Q230 - Away For Training

Question: 

An employee travels to a third-party training session for one week where the employer is not supervising the employee. During the training, the employee is injured and receives medical treatment. Does the employer need to record the injury even if they weren't supervising the employee at the training? Is it recordable?

Answer:

YES. The employee were traveling for the purposes of attending training on behalf of their employer as a condition of their employment. They were not conducting work on behalf of another entity.

Letter of Interpretation Under OSHA’s recordkeeping system, in order for the concept of day-to-day supervision to apply, there must be an employer-employee relationship. Based on the information in your letter, your client’s employees are present at the [third-party training] for the purpose of receiving training. As such, they are not conducting work activities on behalf of the [third-party trainer], and are therefore not under the day-to-day supervision of that employer.

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Q229 - Reportable Twice?

Question: 

An employee is seriously injured at work and is admitted to a hospital. The employer reports the in-patient hospitalization to OSHA within the required timeframe. A week later, the employee dies in the hospital. Does the death also need to be reported to OSHA?

Answer:

NO. OSHA does not require a second report of the employee's death. The initial report to OSHA regarding the hospitalization is sufficient.

Letter of Interpretation It is not OSHA’s intention that related events, each of which are reportable under section 1904.39, be reported twice. If the in-patient hospitalization results in an amputation or a fatality, the employer does not need to report the second event as long as the employer initially reported the in-patient hospitalization within the 24-hour period.

Click Here to View OSHA's Reporting Requirements

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Q228 - Insidious Splinter

Question: 

On the weekend, at home, an employee received a splinter in his hand while building a wooden loft bed for his daughter. He removed the splinter but a small piece of wood remained under his skin. Several months later, while at work lifting a heavy piece of machinery, the pressure on the small splinter injures his hand. The injury becomes infected and he receives prescription antibiotics. Is it recordable?

Answer:

YES. A pre-existing injury is work-related if the work environment contributed to the injury. The work environment does not have to be the sole or predominant cause of an injury in order for it to be considered 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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