Q224 - Foreign Flag Vessel

Question: 

A US citizen working on a foreign flag vessel during a storm, slips and hits his head on a bulkhead. He receives 12 stitches. Is it recordable?

Answer:

NO. The Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., (OSH Act) does not apply to the operators of foreign-flag MODUs operating on the OCS or United States territorial waters with respect to their crews.

Letter of Interpretation​

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Q223 - Owner & Son

Question: 

The owner of a small 8-person business brings his 17 year old son to work to begin training him how to run the company. The two get into a fight and the son pushes the father, who slips and twists his ankle. The father receives a prescription for anti-inflammatory medication as well as a rigid brace for his ankle. Is it recordable?

Answer:

NO. Companies with 10 or fewer employees are partially exempt from OSHA recordkeeping and do not need to keep an OSHA log.

1904.1(a)(1) If your company had 10 or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics informs you in writing that you must keep records under § 1904.41 or § 1904.42. However, as required by § 1904.39, all employers covered by the OSH Act must report to OSHA any work-related incident that results in a fatality, the in-patient hospitalization of one or more employees, an employee amputation, or an employee loss of an eye.​

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Q222 - Lego

Question: 

An employee's child put a Lego in the wind breaker of an employee. While the employee has the jacket hanging on their arm the Lego falls out on the stairs. A different employee, walking to the break room to take their lunch break steps on the Lego and falls down the stairs breaking multiple bones. It is recordable?

Answer:

YES. The incident occurred in the work environment, are subject to the geographical presumption of recordkeeping and there are no recordkeeping exceptions that apply to this situation.

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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