Q221 - Company Bus

Question: 

Employees travel to their normal workplace, a remote production site in a mountainous region, in a company-provided bus from a nearby community. The company provides the transport free of charge to its employees. In order to reduce traffic, the company makes the bus ride mandatory for its employees. If an employee is injured while on this commute, is it recordable?

Answer:

YES. A normal commute is considered not work-related but when riding on a company vehicle is required, then it is considered part of the condition of employment and any injuries on the commute are considered work-related.

Letter of Interpretation The mode of transportation is not determinative of OSHA's definition of a "normal commute." Under your scenario, the daily trips between the residence and work site are considered the employee's normal commute, regardless of whether they are made by personal vehicle or company-provided vehicle. An accident occurring during the normal commute is not considered work-related.

The situation is different if the employer requires the employee to use the company-provided bus. A requirement to use the bus is a "condition of employment" (Section 1904.5(b)(1)), which makes the travel work-related.​

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Q220 - Out of Town Meeting

Question: 

An employee traveled out of town to attend a 2-hour meeting at the direction of his supervisor. The employee arrived the evening before and stayed at a company-owned apartment. The employee planned to travel back home directly from the meeting. On the way to the meeting, the employee was injured in a car accident. The employee went to the emergency room and received medical treatment. Is it recordable?

Answer:

NO. When the employee checked into the apartment they established what OSHA calls a "home away from home." The trip from the apartment to the meeting would be considered a normal commute and injuries that occur during a normal commute are not work-related for OSHA recordkeeping purposes.

Letter of Interpretation An accident occurring during the normal commute is not considered work-related. Section 1904.5(b)(6)(i) states that when a traveling employee checks into a temporary residence, he or she is considered to have established a "home away from home." ​

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Q219 - Outburst

Question: 

An employees discovers that the company is planning to lay him off at the end of the month. He storms into the breakroom and in an emotional rage, he tips over a vending machine. The large machine crashes into a wall and ruptures a steam line. As a result, the employee receives severe burns on his shoulder, neck and face. The employee is taken to the ER and is provided medical treatment and a recommendation for days away from work by the doctors. The employee is terminated the same day. Is it recordable?

Answer:

YES. The employee was injured in the workplace and it must be recorded as a days away incident. The number of days away should be estimated, based on the recommendation made by the doctors.

Letter of Interpretation If the employee leaves the company for some reason(s) related to the injury or illness, section 1904.7(b)(3)(viii) of the rule directs the employer to make an estimate of the count of days away from work or days of restriction/job transfer expected for the particular type of case.​

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