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Q12 - Uncertain if Work-Related

Question:  An employee is injured at work and neither the doctor nor the employee can, with certainty, attribute the injury to the job or identify a hazard in the work environment. The employee receives a prescription. Is it recordable?

Answer: YES, it is recordable. OSHA regulations operate under a presumption of work-relatedness for any incident that occurs in the work environment. For this reason, it would be incorrect to start under the presumption the incident is not work-related even if there is no evidence that it is. The correct approach is to presume work-relatedness and then, if you can, overcome the presumption with evidence to the contrary. The best way to overcome the presumption is to have a medical professional review the evidence and make a determination of work-relatedness. If the doctor states that the incident is in no way related to work, then it can be considered not work-related and not recordable.   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 Click here for additional information on types of hazards.

#RedBeard #osha #osharecordkeeping #safety #occupationalsafety #recordkeeping

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