Struck by Lightning While at Home Question: An employee is working from a home office due to a pandemic. Every morning they take a 15 minute walk to buy a coffee from a local shop. On the way to the shop they get struck by lightning and lose consciousness. Is it recordable? Answer: YES. Breaks are considered part of a normal work day and losing consciousness is considered recordable if work-related. Letter of Interpretation: Under Section 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]. [...] Lunch breaks are considered assigned working hours for injury and illness recordkeeping purposes. 1904.7(a): Basic requirement. 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. https://www.osha.gov/laws-regs/standardinterpretations/2010-11-15 https://www.osha.gov/laws-regs/interlinking/standards/1904.7(a)

BEES! Question: Two employees are clearing vegetation behind an old warehouse that will likely be sold at an auction when they disturb a beehive. Both employees receive multiple bee stings. One employee requires emergency medical care and spends several days in the hospital. The second employee uses an ice pack to treat minor swelling on his arm and returns to work. Is it recordable? Answer: YES and NO. The employee who was hospitalized should be recorded as days away from work on the log and his in-patient hospitalization must be reported to OSHA within 24 hours (click the link below for more details). The second employee received first aid only and did not receive medical treatment, work restrictions or miss any work and therefore his incident should not be recorded. Letter of Interpretation: OSHA has consistently taken the position that insect bites or animal bites on premises are work related. https://www.osha.gov/laws-regs/standardinterpretations/2012-02-01 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)

Carving a Stick Question: An employee is sitting outside at a worksite on their lunchbreak. Using their own folding knife, the begin carving a stick. The knife slips and injures their palm. They are taken to an emergency room and receive several stitches. Is it recordable? Answer: YES. Breaks are considered part of a normal workday and the activity the employee was participating in, is not a listed exception from the geographical presumption of work-relatedness. Since stitches are considered medical treatment beyond first aid, this injury is recordable. ​Under Section 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]. [...] Lunch breaks are considered assigned working hours for injury and illness recordkeeping purposes. See ​Letter of Interpretation linked below. https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.5 https://www.osha.gov/laws-regs/standardinterpretations/2019-07-29

Reinfected with New COVID-19 Strain Question: An employee who previously had a recordable by contracting COVID-19 at work from a coworker is reinfected with a new coronavirus variant. There is evidence it was contracted at a restaurant where there employee was entertaining clientele for work. The employee is prescribed medication by a doctor. Is it recordable? Answer: YES. As of May 19, 2020, there is no exception for a work-related infection of the coronavirus even for a second time. Since this infection resulted in medical treatment, it is recordable. OSHA Website: COVID-19 can be a recordable illness if a worker is infected as a result of performing their work-related duties. However, employers are only responsible for recording cases of COVID-19 if all of the following are true: The case is a confirmed case of COVID-19 (see CDC information on persons under investigation and presumptive positive and laboratory-confirmed cases of COVID-19); The case is work-related (as defined by 29 CFR 1904.5); and The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7 (e.g., medical treatment beyond first aid, days away from work). https://www.osha.gov/coronavirus/standards

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

Owner & Son 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. https://www.osha.gov/laws-regs/interlinking/standards/1904.1(a)(1)

MAYHEM Question: Employee A is assigned to the role of grilling hamburgers and hotdogs during a summer workday luncheon. While attempting to scrape the grill his hand slips is plunged into hot coals resulting in 1st degree burns and an overnight stay at the hospital. When Employee A pulled jerked away from the hot coals, he accidentally knocked a plate of food out of Employee B's hand and startled her so badly that she inhaled a piece of hotdog and began choking. Employee C rushes to Employee B's aid but slips on the plate, hits his head on the side of the grill, loses consciousness and sends coals flying toward a group of employees standing in the grass. Employee D performs a successful Heimlich maneuver on Employee B. The hot coals raining down on employees cause a stampede. Employee E sprains their ankle trying to run in high heels and is issued over-the-counter ibuprofen but returns to normal duty the next day. One of the hot coals landed in the bushes next to the office building and causes a blaze that spreads quickly through an open window into the office space. The automatic sprinkler kicks on and contains the fire but 15 employees (10 company employees and 5 employees from another company) end up receiving oxygen as treatment for smoke inhalation. For each of the incidents mentioned above, can you answer the question; is it recordable? Answer: Employee A YES. This is recordable because the injured occurred in the work environment during the normal workday, he was seriously injured, and no exceptions apply to this incident. Furthermore, the hospitalization must be reported to OSHA within 24 hours. 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. Employee B ​NO. The employee was not injured. Employee C ​YES. This employee lost consciousness. Loss of consciousness meets OSHA recordkeeping criteria for a recordable incident. 1904.7(a): Basic requirement. 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. Employee D NO. The employee was provided over-the-counter ibuprofen which is not considered medical treatment beyond first aid. OSHA First Aid List: [First aid means] using a nonprescription medication at nonprescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for recordkeeping purposes); Smoke Inhalation Victims YES. Being provided oxygen as treatment for smoke inhalation is considered medical treatment beyond first aid. In this case, each employer must record for their own employees. One company must add 10 recordables and the other company must add 5. Letter of Interpretation: The administration of oxygen is considered medical treatment for OSHA injury and illness recordkeeping purposes. If an employee is symptomatic of a work-related injury or illness (e.g., respiratory distress from smoke inhalation) and is administered oxygen, the case is recordable. https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.39 https://www.osha.gov/laws-regs/interlinking/standards/1904.7(a) https://www.osha.gov/laws-regs/standardinterpretations/2009-07-28#:~:text=Response%3A%20The%20administration%20of%20oxygen%20is%20considered%20medical,and%20is%20administered%20oxygen%2C%20the%20case%20is%20recordable.

Heart Failure Question: John Henry was an employee for the Chesapeake and Ohio Railroad. He was known as the best hand on the job for his great strength and even stronger work ethic and character. No man drove more steel than John Henry. In fact, John Henry could do the steel driving of several men himself. One day, a salesman arrived on the job site touting a machine that could do the work of 12 men. Worried the machine would replace him and his co-workers, John Henry decided to take on the machine in a steel driving competition. The salesman told the company that if John Henry outworked the machine, they could have it free of cost. John Henry’s supervisor obliged, and the competition was on. The machine was out running John Henry until he grabbed a second hammer and started driving steel with two hands. Eventually, John Henry out worked the machine and it broke down. John Henry didn’t finish working until he collapsed and died of, what doctors determined to be, heart failure. News quickly spread of John Henry’s incredible feat that took his life. The Chesapeake and Ohio Railroad accepted several machines free of cost from the salesman and OSHA arrived two days later after reading the news. Is it recordable? Answer: YES. John Henry was a strong, healthy man and the doctors determined his job tasks and efforts at work caused his heart to fail. The Chesapeake and Ohio Railroad had to record the death on their log. They also will face a penalty for late reporting of a death. 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)(i) Death. See § 1904.7(b)(2). 1904.39(a)(1) Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor. https://www.osha.gov/laws-regs/interlinking/standards/1904.7(b)(1) https://www.osha.gov/laws-regs/interlinking/standards/1904.39(a)(1)

Terminated Injured Employee Question: A line crew at a utility company are dispatched to replace a damaged power pole. The new pole was successfully placed and two linemen (one apprentice and one journeyman) go up into a bucket truck to attach the power lines to the new pole. The apprentice inadvertently grabs onto a charged line with both hands and receives a shock. In an effort to remove the apprentice from the wire, the journeyman uses the controls on the bucket to move away from the power line. The apprentice is unable to let go of the line due to the current and as the bucket moves away is left hanging on the line. The apprentice was wearing fall protection but did not clip onto the bucket and falls several feet. He is critically injured and hospitalized. Following the event, both the journeymen and apprentice are fired for "failing to follow procedures." The company decides to make the termination retroactive to the moment they failed to follow procedures. Is it recordable? Answer: YES. The event is work-related and occurred during business hours while the employee was actively employed and doing work-related tasks and therefore must be recorded on the OSHA log. Also, in-person hospitalization must be reported to OSHA within 24 hours. 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. OSHA FAQ: These cases [recordables that are discovered after termination] are recordable throughout the five year record retention and updating period contained in section 1904.33. The cases would be recorded on either the log of the year in which the injury or illness occurred or the last date of employment. See question 7-20. https://www.osha.gov/laws-regs/interlinking/standards/1904.39(a)(2) https://www.osha.gov/sites/default/files/2018-12/fy10_sh-20856-10_Recordkeeping_Questions_w_Answers.pdf https://www.osha.gov/enforcement/directives/cpl-02-00-135

Injured While Working at Home (Telecommuting) Question: An employee is working from home during a pandemic after the governor declared a state of emergency. After sitting on their couch at home for a week with a laptop on their lap, the employee develops pain in their lower back. They visit the doctor and are prescribed anti-inflammatory medicine. Is it recordable? ​ Answer: YES. It is recordable because the employee was working from home and the incident was caused by work-related activities. 1904.5(b)(7) How do I decide if a case is work-related when the employee is working at home? Injuries and illnesses that occur while an employee is working at home, including work in a home office, will be considered work-related if the injury or illness occurs while the employee is performing work for pay or compensation in the home, and the injury or illness is directly related to the performance of work rather than to the general home environment or setting. For example, if an employee drops a box of work documents and injures his or her foot, the case is considered work-related. If an employee's fingernail is punctured by a needle from a sewing machine used to perform garment work at home, becomes infected and requires medical treatment, the injury is considered work-related. If an employee is injured because he or she trips on the family dog while rushing to answer a work phone call, the case is not considered work-related. If an employee working at home is electrocuted because of faulty home wiring, the injury is not considered work-related. https://www.osha.gov/laws-regs/standardinterpretations/2009-03-30

Employee Opts to Stay Home Question: An employee is involved in a vehicle accident while driving from one worksite to another during their shift. They are not badly injured and receive clearance to return to work by a doctor. The employee decides to take time off because they feel shaken up by the accident. Is it recordable? Answer: NO, it is not recordable. It is the health care professional’s opinion that determines recordability, not the opinion of the employee. 1904.7(b)(3)(iii) How do I handle a case when a physician or other licensed health care professional recommends that the worker return to work but the employee stays at home anyway? In this situation, you must end the count of days away from work on the date the physician or other licensed health care professional recommends that the employee return to work. https://www.osha.gov/laws-regs/interlinking/standards/1904.7(b)(3)(iii)