Is It Recordable?
Scenario Q90

Heart Attack After an Incident: is it recordable?

Verdict: Recordable
Published 2020-10-04

Question

An employee enters a trench and becomes buried after the wall of the trench collapses. He is rescued quickly seems to be fine but is taken by ambulance to the ER for evaluation. While riding in the ambulance, the employee suffers a heart attack and dies. Is it recordable?

Answer

YES. It is reasonable to believe that the trench incident triggered the heart attack due to the circumstances and OSHA operates under a presumption of work-relatedness. Some work-related injuries do not manifest themselves immediately. However, if a doctor provides an opinion that the workplace did not contribute to the heart attack, it would not be recordable because that would constitute evidence to overcome the presumption.
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
Reporting Requirement: A fatality must be reported within 8 hours.
To Make a Report: Call the nearest OSHA office. Call the OSHA 24-hour hotline at 1-800-321-6742 (OSHA). Or report online.
Be prepared to supply: Business name; names of employees affected; location and time of the incident, brief description of the incident; contact person and phone number.

https://www.osha.gov/laws-regs/interlinking/standards/1904.5(a)

https://www.osha.gov/report.html#:~:text=All%20employers%20are%20required%20to,be%20reported%20within%2024%20hours.

https://www.osha.gov/pls/ser/serform.html

Illustration for the scenario: Heart Attack After an Incident

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This is guidance based on 29 CFR Part 1904 and OSHA letters of interpretation. Facts and details may be altered or fictional. As specified by OSHA, the employer is responsible for the final recordability determination.