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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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