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Q227 - Copper Theft

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Question: 

A man and his son break into a substation in the middle of the night to steal copper. They cut an energized cable and an arc flash badly burns both the man and his son. They are discovered by a security guard and are both taken to and admitted to a hospital to recover from their injuries. The man is a current employee. Is it recordable? 

Answer:

NO. The injury would not be considered work-related because he was in the workplace outside of normal working hours for non work-related reasons.

1904.5(b)(2) Are there situations where an injury or illness occurs in the work environment and is not considered work-related? Yes, an injury or illness occurring in the work environment that falls under one of the following exceptions is not work-related, and therefore is not recordable.

1904.5(b)(2)(v) The injury or illness is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee's assigned working hours.