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. Like this content? Want to support this site? Become a member today for access to premium content! Email redbeard@isitrecordable.com for sponsorship opportunities.

Question: A Honduran mobile off-shore drilling unit is operating within the US coastal waters. If an employee is injured and receives medical treatment, work restrictions or days away is it recordable? Answer: NO. The Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., (OSH Act) does not apply to the operators of foreign-flag Mobile Off-Shore Drilling Units (MODUs) operating in the United States territorial waters with respect to their crews. ​ Letter of Interpretation​ Like this content? Want to support this site? Become a member today for access to premium content! Email redbeard@isitrecordable.com for sponsorship opportunities.

Question: On his lunch break, an employee is preparing his lunch. His sandwich is almost complete but he remembers he brought some frozen jalapenos from his garden. He places the plastic container with frozen jalapenos into the microwave, covers them with a paper towel, and begins to heat them. While heating, the jalapenos start the paper and plastic on fire and release plumes of smoke into the office space. In a panic, the employee grabs the container with his hands and tosses it into the sink to extinguish the fire. The capsaicin in the jalapenos and smoke from the plastic causes lung irritation in the employee and 3 other employees who are at their desks. A total of 4 employees including the employee preparing his own lunch receive oxygen from first responders who arrive on scene several minutes later. Is it recordable? Answer: YES and NO. The employee preparing his lunch received oxygen which is considered medical treatment. However, since he was injured preparing his own lunch, it is not considered work-related. The other 3 employees who received oxygen are not exempted and should be counted as medical treatment recordable injuries. Letter of Interpretation The treatment with oxygen for smoke inhalation is considered medical treatment. ​ 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​ Like this content? Want to support this site? Become a member today for access to premium content! Email redbeard@isitrecordable.com for sponsorship opportunities.

Question: A US citizen working on a foreign flag vessel during a storm, slips and hits his head on a bulkhead. He receives 12 stitches. Is it recordable? Answer: NO. The Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., (OSH Act) does not apply to the operators of foreign-flag MODUs operating on the OCS or United States territorial waters with respect to their crews. ​ Letter of Interpretation​ Like this content? Want to support this site? Become a member today for access to premium content! Email redbeard@isitrecordable.com for sponsorship opportunities.

Question: The owner of a small 8-person business brings his 17 year old son to work to begin training him how to run the company. The two get into a fight and the son pushes the father, who slips and twists his ankle. The father receives a prescription for anti-inflammatory medication as well as a rigid brace for his ankle. Is it recordable? Answer: NO. Companies with 10 or fewer employees are partially exempt from OSHA recordkeeping and do not need to keep an OSHA log. ​ 1904.1(a)(1) If your company had 10 or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics informs you in writing that you must keep records under § 1904.41 or § 1904.42. However, as required by § 1904.39, all employers covered by the OSH Act must report to OSHA any work-related incident that results in a fatality, the in-patient hospitalization of one or more employees, an employee amputation, or an employee loss of an eye.​ Like this content? Want to support this site? Become a member today for access to premium content! Email redbeard@isitrecordable.com for sponsorship opportunities.

Question: An employee's child put a Lego in the wind breaker of an employee. While the employee has the jacket hanging on their arm the Lego falls out on the stairs. A different employee, walking to the break room to take their lunch break steps on the Lego and falls down the stairs breaking multiple bones. It is recordable? Answer: YES. The incident occurred in the work environment, are subject to the geographical presumption of recordkeeping and there are no recordkeeping exceptions that apply to this situation. ​ 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​ Like this content? Want to support this site? Become a member today for access to premium content! Email redbeard@isitrecordable.com for sponsorship opportunities.

Question: Employees travel to their normal workplace, a remote production site in a mountainous region, in a company-provided bus from a nearby community. The company provides the transport free of charge to its employees. In order to reduce traffic, the company makes the bus ride mandatory for its employees. If an employee is injured while on this commute, is it recordable? Answer: YES. A normal commute is considered not work-related but when riding on a company vehicle is required, then it is considered part of the condition of employment and any injuries on the commute are considered work-related. ​ Letter of Interpretation The mode of transportation is not determinative of OSHA's definition of a "normal commute." Under your scenario, the daily trips between the residence and work site are considered the employee's normal commute, regardless of whether they are made by personal vehicle or company-provided vehicle. An accident occurring during the normal commute is not considered work-related. The situation is different if the employer requires the employee to use the company-provided bus. A requirement to use the bus is a "condition of employment" (Section 1904.5(b)(1)), which makes the travel work-related.​ Like this content? Want to support this site? Become a member today for access to premium content! Email redbeard@isitrecordable.com for sponsorship opportunities.

Question: An employee traveled out of town to attend a 2-hour meeting at the direction of his supervisor. The employee arrived the evening before and stayed at a company-owned apartment. The employee planned to travel back home directly from the meeting. On the way to the meeting, the employee was injured in a car accident. The employee went to the emergency room and received medical treatment. Is it recordable? Answer: NO. When the employee checked into the apartment they established what OSHA calls a "home away from home." The trip from the apartment to the meeting would be considered a normal commute and injuries that occur during a normal commute are not work-related for OSHA recordkeeping purposes. ​ Letter of Interpretation An accident occurring during the normal commute is not considered work-related. Section 1904.5(b)(6)(i) states that when a traveling employee checks into a temporary residence, he or she is considered to have established a "home away from home." ​ Like this content? Want to support this site? Become a member today for access to premium content! Email redbeard@isitrecordable.com for sponsorship opportunities.

Question: An employees discovers that the company is planning to lay him off at the end of the month. He storms into the breakroom and in an emotional rage, he tips over a vending machine. The large machine crashes into a wall and ruptures a steam line. As a result, the employee receives severe burns on his shoulder, neck and face. The employee is taken to the ER and is provided medical treatment and a recommendation for days away from work by the doctors. The employee is terminated the same day. Is it recordable? Answer: YES. The employee was injured in the workplace and it must be recorded as a days away incident. The number of days away should be estimated, based on the recommendation made by the doctors. ​ Letter of Interpretation If the employee leaves the company for some reason(s) related to the injury or illness, section 1904.7(b)(3)(viii) of the rule directs the employer to make an estimate of the count of days away from work or days of restriction/job transfer expected for the particular type of case.​ Like this content? Want to support this site? Become a member today for access to premium content! Email redbeard@isitrecordable.com for sponsorship opportunities.

Question: After clocking out for the day, the employee is walking to their vehicle in the employer-maintained lot. A heavy tool they tucked into their belt, slips down through their pantleg and strikes the top of their foot. An x-ray reveals a broken bone. They were not authorized to take the tool. Is it recordable? Answer: YES. The employee had not yet began his commute and therefore, the injury falls under the geographic presumption of work-relatedness. A broken bone is considered severe enough to be 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 ​ Like this content? Want to support this site? Become a member today for access to premium content! Email redbeard@isitrecordable.com for sponsorship opportunities.

Question: While serving popcorn on behalf of the company to visitors, one visitor comments there is too much salt on the popcorn. The employee begins sampling the popcorn to gauge the amount of salt they are adding. While sampling the popcorn, a piece of corn becomes lodged in their throat and they cough profusely until they lose consciousness. The employee is unharmed other than a sore throat. Is it recordable? Answer: YES. The employee is participating in activities in the interest of the employer and losing consciousness one category of OSHA recordable. ​ 1904.7(b)(1) How do I decide if a case meets one or more of the general recording criteria? A work-related injury or illness must be recorded if it results in one or more of the following: 1904.7(b)(1)(v) Loss of consciousness. Like this content? Want to support this site? Become a member today for access to premium content! Email redbeard@isitrecordable.com for sponsorship opportunities.

Question: An employee is injured and is provided a splint with semi-rigid stays by a doctor as treatment. Is it recordable? Answer: YES. Splints are used to immobilize the body part which makes this medical treatment and recordable, even if it is considered semi-rigid or has removable stays, a splint will always be considered medical treatment for recordkeeping purposes. ​ Letter of Interpretation Section 1904.7(a) of OSHA's recordkeeping regulation requires employers to record work-related injuries and illnesses that result in medical treatment beyond first aid. Section 1904.7(b)(5)(ii)(F) states the use of any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc., is considered first aid for OSHA recordkeeping purposes. Section 1904.7(b)(5)(ii)(F) further states that orthopedic devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes. If the brace is rigid and is being used to immobilize the injured body part, then this is considered medical treatment and recordable. Otherwise, using any non-rigid means of support is considered first aid and not recordable. ​ Furthermore, OSHA does not use the term “semi-rigid” because the purpose of an orthopedic device is to immobilize the body part. For OSHA recordkeeping purposes, a splint will always be considered medical treatment, even if the “splint” is fabricated to fit the injured employee. Therefore, if an employee has a work-related injury that results in the use of a “splint,” the case will always be recordable. Like this content? Want to support this site? Become a member today for access to premium content! Email redbeard@isitrecordable.com for sponsorship opportunities.