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Q117 - Fingers Slammed in Car Door

Question: 

An employee pulls into the company parking lot at the start of the day. They exit their vehicle and lean against the truck door frame as they put on their work boots. A wind gust slams the truck's door on their hand and breaks two bones. Is it recordable?


Answer:

YES. At the time of the injury, the commute had ended. The commute is an exception to recordkeeping but the commute technically ends as soon as the employee sets foot within the work environment after exiting their commuting vehicle. The parking lot was maintained by the company and therefore is considered the work environment and any injuries that occur after the commute ends are presumed work-related.

Letter of Interpretation: OSHA has made it clear that injuries and illnesses that occur during an employee's normal commute to and from work are not considered work-related, and therefore not recordable. See, 66 Federal Register 5960. For purposes of OSHA recordkeeping, the employee's commute from home to work ends once he or she arrives at the work environment or when he or she starts traveling "in the interest of the employer." Additionally, Section 1904.46 provides that company parking lots and company access roads are included within the definition of "establishment."


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