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Question:
An employee was waking up in the morning to prepare to go to work when a cow fell through his ceiling and crushed him to death. His house was on a hill and the cow managed to climb onto his roof. Is it recordable?
Answer:
NO. The employee was outside normal working hours and not geographically within the worksite. Even if the employee had begun his commute to work when the incident occurred, the commute is specifically listed as an exception and incidents that occur during the commute are not considered work related.
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
1904.5(b)(2)(vii) You are not required to record injuries and illnesses if . . . The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work.
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