An employee gets out of her vehicle after driving to work at the start of the work day. She parks in a parking garage that is co-owned by her employer and another company. On her way down one of the parking garage’s staircases, she falls and breaks her arm and ultimately receives medical treatment. Is it recordable?
MAYBE. One of the exceptions to work-relatedness is the commute. OSHA has a very clear delineation of when the commute ends and that is when the employee steps foot onto the work establishment. Therefore, if the parking garage is maintained by the company, it would be recordable. If the parking garage is not maintained by the company, then the employee had not yet ended her commute and the incident is not recordable.
1904.5(b)(2)(vii), April 15, 2015 Letter of Interpretation