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Question:  A company’s COVID-19 contingency plan requires employees to clean their hands on a stringent basis. Antibacterial soap is made readily available as well as hand sanitizer. An employee is late returning from break and uses some hand sanitizer in a rush back to his workstation. The employee fails to rub the hand sanitizer all the way in and as he begins work at a metal desk, a static spark is generated. The alcohol from the hand sanitizer catches fire and burns the employee’s hand. The incident results in a second degree burn that requires prescribed antibiotic ointment and bandaging from a doctor. Is it recordable?

Answer: YES. The company’s COVID-19 contingency plan requires employees the clean their hands on a stringent basis and hand sanitizer is provided. The incident occurred performing regular job duties at work. The injury required prescribed antibiotic ointment from a doctor, which is treatment beyond first aid. 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 1904.7(b)(1)(iv) Medical treatment beyond first aid. See § 1904.7(b)(5). 1904.7(b)(5)(i) What is the definition of medical treatment? "Medical treatment" means the management and care of a patient to combat disease or disorder. For the purposes of Part 1904, medical treatment does not include: 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)(A) Using a non-prescription medication at nonprescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for recordkeeping purposes)



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Question: 

During a lunch break, an employee uses hand sanitizer and then proceeds to light up a cigarette. As she lights her cigarette, her hand suddenly catches fire due the alcohol flammability in the hand sanitizer. The incident results in a second degree burn that requires prescribed antibiotic ointment and bandaging from a doctor. Is it recordable?


Answer:

YES. Breaks are considered part of the normal workday and considered to be work-related according to OSHA.

Letter of Interpretation

Under Section 1904.5(b)(2)(v), an injury or illness is not work-related if it is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee's assigned working hours.  In order for this exception to apply, the case must meet both of the stated conditions [i.e., the injury or illness must (1) be solely the result of the employee doing personal tasks (unrelated to their employment), and (2) occur outside of the employee's assigned working hours]. [...] Lunch breaks are considered assigned working hours for injury and illness recordkeeping purposes. 



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Question: 

Audiogram results from an employee are shown below. There is an average shift of 10db in the left ear. Is it recordable?





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