Employee Eats a Spider Question: During a safety tailboard meeting at the beginning of the day, a lineman sees a spider on a pole. To show off, he grabs the spider and, in front of the group, eats it. The spider bites him in the mouth before it dies and ultimately the lineman is seen by a physician and issued prescription strength antibiotics. Is it recordable? Answer: YES. There is no exception to the OSHA recordkeeping rules for horseplay. The exception for eating or drinking for personal consumption does not apply to this situation because the employee wasn't engaging in a meal but engaging in horseplay. The injury is considered work-related and the prescription antibiotics is considered medical treatment beyond first aid. 1904.5(a) 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. https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.5

COVID Vaccine Injury Question: An employee is heavily pressured by their employer to get the COVID19 vaccine. As a result of the vaccine, the employee experienced a blood clot which resulted in in-patient hospitalization and several weeks away from work. Is it recordable? Answer: YES. A COVID vaccine injury is recordable if the vaccine is not truly voluntary for employees. The injury should be recorded as a days away (lost time) injury and should also be reported to OSHA (due to the in-patient hospitalization). 5/24/21 UPDATE: "DOL and OSHA, as well as other federal agencies, are working diligently to encourage COVID-19 vaccinations. OSHA does not wish to have any appearance of discouraging workers from receiving COVID-19 vaccination, and also does not wish to disincentivize employers’ vaccination efforts. As a result, OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022. We will reevaluate the agency’s position at that time to determine the best course of action moving forward." OSHA FAQ: I do not require my employees to get the COVID-19 vaccine. However, I do recommend that they receive the vaccine and may provide it to them or make arrangements for them to receive it offsite. If an employee has an adverse reaction to the vaccine, am I required to record it? No. Although adverse reactions to recommended COVID-19 vaccines may be recordable under 29 CFR 1904.4(a) if the reaction is: (1) work-related, (2) a new case, and (3) meets one or more of the general recording criteria in 29 CFR 1904.7, OSHA is exercising its enforcement discretion to only require the recording of adverse effects to required vaccines at this time. Therefore, you do not need to record adverse effects from COVID-19 vaccines that you recommend, but do not require. Note that for this discretion to apply, the vaccine must be truly voluntary. For example, an employee’s choice to accept or reject the vaccine cannot affect their performance rating or professional advancement. An employee who chooses not to receive the vaccine cannot suffer any repercussions from this choice. If employees are not free to choose whether or not to receive the vaccine without fearing adverse action, then the vaccine is not merely “recommended” and employers should consult the above FAQ regarding COVID-19 vaccines that are a condition of employment. How to Report a Hospitalization (See Link Below) https://www.osha.gov/coronavirus/faqs#vaccine https://www.isitrecordable.com/osha-reporting https://www.osha.gov/coronavirus/faqs#vaccine

Heart Attack Question: An employee feels pain in his chest while at his workstation. He suddenly faints and falls to the floor. Members from the first aid team respond by starting a defibrillator on the unconscious employee and call 911 for an ambulance. The employee is revived on site and is then taken to the hospital and held overnight. It is determined the employee suffered a heart attack. The employee has suffered from heart disease for several years and has a family history of it. The employee’s doctor determined the employee suffered a heart attack due to blocked blood flow in the heart. Further, the doctor reviewed the employee’s job tasks and determined that his job did not aggravate his condition to cause the heart failure. Is it recordable? Answer: NO. The employee had a pre-existing heart condition and his doctor determined the heart attack did not result from the employee’s job tasks. 1904.5(b)(4) How do I know if an event or exposure in the work environment "significantly aggravated" a preexisting injury or illness? A preexisting injury or illness has been significantly aggravated, for purposes of OSHA injury and illness recordkeeping, when an event or exposure in the work environment results in any of the following: 1904.5(b)(4)(ii) Loss of consciousness, provided that the preexisting injury or illness would likely not have resulted in loss of consciousness but for the occupational event or exposure. https://www.osha.gov/laws-regs/interlinking/standards/1904.5(b)(4)

Food Poisoning Question: To celebrate the dedicated service of a 40-year employee, the CEO takes him and his team out for lunch at a restaurant. The entire team gets food poisoning from the meal and each are hospitalized. Is it recordable? Answer: YES. A company-provided meal that resulted in food poisoning is specifically noted as work-related in the recordkeeping guidelines. 1904.5(b)(2)(iv) If the employee is made ill by ingesting food contaminated by workplace contaminants (such as lead), or gets food poisoning from food supplied by the employer, the case would be considered work-related. 1904.5(a) 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)(1) What is the "work environment"? OSHA defines the work environment as "the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work." https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.5 https://www.osha.gov/laws-regs/interlinking/standards/1904.5(a) https://www.isitrecordable.com/osha-reporting

Support those who support YOU! Visit our partner page and tell them RedBeard sent you! Q228 - Insidious Splinter Question: On the weekend, at home, an employee received a splinter in his hand while building a wooden loft bed for his daughter. He removed the splinter but a small piece of wood remained under his skin. Several months later, while at work lifting a heavy piece of machinery, the pressure on the small splinter injures his hand. The injury becomes infected and he receives prescription antibiotics. Is it recordable? Answer: YES. A pre-existing injury is work-related if the work environment contributed to the injury. The work environment does not have to be the sole or predominant cause of an injury in order for it to be considered 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 ​ ​ ​ ​ ​ Ask a Question

Contract Employee Question: A long-term contract employee, responsible for repairing/maintaining equipment, gets his foot crushed under a large piece of equipment at work and has his toe amputated. The employee's daily activities were supervised by the contract employer, not by your employer. Is it recordable? Answer: NO. While the injury is recordable for the contract employee's direct supervising employer, it is NOT recordable for your company. This injury must be recorded by the contract employer and also reported to OSHA within 24 hours. 1904.31(b)(3) If an employee in my establishment is a contractor's employee, must I record an injury or illness occurring to that employee? If the contractor's employee is under the day-to-day supervision of the contractor, the contractor is responsible for recording the injury or illness. If you supervise the contractor employee's work on a day-to-day basis, you must record the injury or illness. ​ 1904.39(a)(2) Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA. https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.31 https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.39 https://www.isitrecordable.com/osha-reporting

Copper Theft 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. https://www.osha.gov/laws-regs/interlinking/standards/1904.5(b)(2)

Support those who support YOU! Visit our partner page and tell them RedBeard sent you! Q225 - Jalapeño Surprise 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 ​ ​ ​ ​ ​ Ask a Question

Q227 - Copper Theft Enhance your career with the Master Safety Professional and Certified Safety Director certifications only at NASP! Tell them RedBeard sent you! 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. Ask a Question

Please support our partners who make it possible for this site to continue operating free for you! Tell them RedBeard sent you! Q193 - After Hours Club Question: A group of employees start a game club and meet in the office space at work to play board games. The company has provided approval for the club. While playing a game, one employee tosses candy into another's mouth from across the room and it becomes lodged in their throat. A fellow employee manages to clear their airway but only after the employee lost consciousness. Is it recordable? Answer: NO. The incident personal tasks outside of the employees' assigned work hours and is therefore considered to be not work-related. ​ 1904.5(b)(2)(v) an injury or illness is not work-related if it 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. In order for this exception to apply, the case must meet both of the stated conditions [i.e., the injury or illness must (1) be solely the result of the employee doing personal tasks (unrelated to their employment), and (2) occur outside of the employee's assigned working hours]. ​ Ask a Question

Q221 - Company Bus Enhance your career with the Master Safety Professional and Certified Safety Director certifications only at NASP! Tell them RedBeard sent you! 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. Ask a Question

Please support our partners who make it possible for this site to continue operating free for you! Use code REDBEARD10 for a 10% discount! Q157 - Shart Question: An employee was sitting at a desk completing computer-based training using headphones. In the employee's words: "I was trying to fart and about half of the fart came out before I realized more was on its way out too. I caught that before it was too late and jumped up and started to run to the bathroom. In my haste I forgot to remove the headphones, which yanked my head and pulled the computer onto the ground. As I fell, I kicked over a water dispenser, broke my toe and then [pooped] all over myself." Is it recordable? Answer: YES. The incident occurred in the work environment and is considered work-related and broken bones are considered severe injuries. Letter of Interpretation : In the January 19, 2001, preamble to the final rule revising the recordkeeping regulation, OSHA explained that "work-related cancer, irreversible diseases, fractures of bone or teeth and punctured eardrums are generally recognized as constituting significant diagnoses, and if the condition is work-related, are appropriately recorded at the time of the initial diagnosis even if, at that time, medical treatment or work restrictions are not recommended." ​ 1904.7(a) : You must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. You must also consider a case to meet the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness. ​ Ask a Question