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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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