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

Reportable Twice? Question: An employee is seriously injured at work and is admitted to a hospital. The employer reports the in-patient hospitalization to OSHA within the required timeframe. A week later, the employee dies in the hospital. Does the death also need to be reported to OSHA? Answer: NO. OSHA does not require a second report of the employee's death. The initial report to OSHA regarding the hospitalization is sufficient. Letter of Interpretation It is not OSHA’s intention that related events, each of which are reportable under section 1904.39, be reported twice. If the in-patient hospitalization results in an amputation or a fatality, the employer does not need to report the second event as long as the employer initially reported the in-patient hospitalization within the 24-hour period. Use address/link below to view OSHA's reporting requirements. https://www.osha.gov/laws-regs/standardinterpretations/2021-01-08 https://www.isitrecordable.com/osha-reporting

Q215 - Rigid Splint Enhance your career with the Master Safety Professional and Certified Safety Director certifications only at NASP! Tell them RedBeard sent you! Question: While descending a flight of stairs at work, an employee misses the last step and falls to the floor. During a break, the employee walks to a local convenience store to purchase and use a rigid splint for their arm. Is it recordable? Answer: NO. Medical treatment must be recommended by the employer or a licensed healthcare professional in order for it to be considered medical treatment beyond first aid for OSHA recordkeeping purposes. ​ Letter of Interpretation Generally, OSHA does not consider self-treatment or self-medication by the employee to constitute medical treatment beyond first aid. The treatment must be directed or recommended by the employer or a health care professional to be considered medical treatment beyond first aid. Ask a Question

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

Please support our partners who make it possible for this site to continue operating free for you! Tell them RedBeard sent you! Q164 - Kicking a Balloon Question: An employee stops by a company office birthday party during regular work hours to grab some snacks. While attempting to kick a balloon on the ground, they kick the ground instead and break their toe. Is it recordable? Answer: YES. The injury is work-related and resulted in a broken bone which is considered a severe injury by OSHA. ​ ​Letter of Interpretation : Work-related cases involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum must always be recorded under the general criteria at the time of diagnosis by a physician or other licensed health care professional. OSHA believes that cancer, chronic irreversible diseases, fractured or cracked bones, and punctured eardrums are generally considered significant injuries and illnesses, and must be recorded at the initial diagnosis even if medical treatment or work restrictions are not recommended. ​ ​ Ask a Question

Kicking a Balloon Question: An employee stops by a company office birthday party during regular work hours to grab some snacks. While attempting to kick a balloon on the ground, they kick the ground instead and break their toe. Is it recordable? Answer: YES. The injury is work-related and resulted in a broken bone which is considered a severe injury by OSHA. ​Letter of Interpretation: Work-related cases involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum must always be recorded under the general criteria at the time of diagnosis by a physician or other licensed health care professional. OSHA believes that cancer, chronic irreversible diseases, fractured or cracked bones, and punctured eardrums are generally considered significant injuries and illnesses, and must be recorded at the initial diagnosis even if medical treatment or work restrictions are not recommended. https://www.osha.gov/laws-regs/standardinterpretations/2007-04-03

Injured Nose Question: An employee using the restroom on break is struck by the stall door when a co-worker was unaware the stall was occupied. The door contacted the employee’s nose as he was preparing to exit. As a result, his nose is bloody and diagnosed as broken by the site nurse, but a clinic x-ray reveals no bone fracture. After the bleeding is stopped, the nurse provides ice and over the counter ibuprofen. The employee received no restrictions and did not miss any time. Is it recordable? Answer: NO. There is no bone fracture in the nose. Even though the employee was in the restroom, it is still considered part of the work environment and during work hours. All other treatment is considered first aid. 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 1904.5(b) Implementation. 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." 1904.7(b)(5)(ii) What is "first aid"? For the purposes of Part 1904, \"first aid\" means the following: 1904.7(b)(5)(ii)(A) Using a non-prescription 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); 1904.7(b)(5)(ii)(E) Using hot or cold therapy; https://www.osha.gov/laws-regs/interlinking/standards/1904.5(a) https://www.osha.gov/laws-regs/interlinking/standards/1904.7(b)(5)(ii)

Please support our partners who make it possible for this site to continue operating free for you! Use code REDBEARD10 for a 10% discount! Q160 - Strong Sneeze Question: An employee was in his office and sneezed. The sneeze significantly aggravated a pre-exiting back injury and a doctor recommended the employee stay at home for a week as well as physical therapy to recover. The employee's back had been previously injured while the employee was installing a deck at home. Is it recordable? Answer: YES. Although the back injury was a pre-existing condition, it became recordable because the sneeze, is an event which occurred in the work environment significantly aggravated the injury and it resulted in a doctor's recommendation of days away from work. ​ Letter of Interpretation : Under OSHA's recordkeeping system, normal body movements in the work environment, such as walking, bending down or sneezing, are "events" which trigger the presumption for work-relatedness if they are a discernible cause of an injury. 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)(3): How do I handle a case if it is not obvious whether the precipitating event or exposure occurred in the work environment or occurred away from work? In these situations, you must evaluate the employee's work duties and environment to decide whether or not one or more events or exposures in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing condition. 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)(iv): Medical treatment in a case where no medical treatment was needed for the injury or illness before the workplace event or exposure, or a change in medical treatment was necessitated by the workplace event or exposure. ​ Ask a Question

Stop the Count! Question: A groundskeeper who takes great pride in his work confronts a man wearing a costume of a Sesame Street character, the Count. The man was hired to attend a birthday party of a child. After the party he had been drinking and, according to the groundskeeper stole a golf cart and was driving through the garden, damaging the grass and various flowers and bushes all while yelling out his count of how many plants he destroyed. While attempting to stop the Count, the groundskeeper badly sprained his ankle and was provided prescription strength ibuprofen by his doctor. The costumed man was eventually arrested by police on three counts of reckless behavior, public intoxication and trespassing. Is it recordable? Answer: YES. The employee was injured in the work-environment and there is no exception listed for injuries caused by Sesame Street characters. 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 https://www.osha.gov/laws-regs/interlinking/standards/1904.5(a)

Sharp Rebar Question: An employee is walking through a construction site and catches his forehead just under his hard hat on a protruding piece of rebar. He begins bleeding profusely. He uses gauze from the first aid kit to put pressure on the laceration and the bleeding eventually stops. He applies a Band-Aid and some antibiotic ointment and returns to work. Is it recordable? Answer: NO. The employee did not receive medical treatment beyond first aid. Band-Aids and antibiotic ointment are not considered medical treatment beyond first aid by OSHA. 1904.7(b)(5)(i) What is the definition of medical treatment? "Medical treatment" means the management and care of a patient to combat disease or disorder. For the purposes of Part 1904, medical treatment does not include: 1904.7(b)(5)(i)(C) "First aid" as defined in paragraph (b)(5)(ii) of this section. Go to https://www.isitrecordable.com/first-aid for OSHA's first aid list. https://www.osha.gov/laws-regs/interlinking/standards/1904.7(b)(5)(i) https://www.isitrecordable.com/first-aid

Q212 - Soft Tissue Massage Enhance your career with the Master Safety Professional and Certified Safety Director certifications only at NASP! Tell them RedBeard sent you! Question: An office employee reports a pain in their neck after spending many hours at a new desk next to their supervisor. The occupational health nurse provides soft tissue massage and performs an ergonomic evaluation of their work station to prevent future problems. Is it recordable? Answer: NO. Soft tissue massage is considered first aid treatment and is therefore not recordable. ​ 1904.7(b)(5)(ii) What is "first aid"? For the purposes of Part 1904, "first aid" means the following: 1904.7(b)(5)(ii)(M) Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); ​ Letter of Interpretation Section 1904.7(b)(5) of OSHA’s recordkeeping regulation requires employers to record work-related injuries and illnesses that result in medical treatment beyond first aid. Under Part 1904, medical treatment does not include "first aid" as defined in paragraph 1904.7(b)(5)(ii). The section specifically states that "using massages" is first aid. See, subparagraph (M). Section 1904.7(b)(5)(iii) goes on to state that the list of first aid treatments in section 1904.7(b)(5)(ii) is a comprehensive list of first aid treatments. Any treatment not included on the list is not considered first aid for OSHA recordkeeping purposes. 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! Q156 - Injury From 6 Years Prior Question: A long-term employee reports they were injured 6 years ago while at work, which resulted in surgery. The employee was afraid to report the injury because he did not want to ruin the company safety goals. Is it recordable? Answer: NO. While it would normally be recordable, OSHA only requires employers to save and update 5 years of records. Since this incident occurred 6 years ago, it does not need to be recorded on the log because the log no longer exists. ​ 1904.33(b)(1) Do I have to update the OSHA 300 Log during the five-year storage period? Yes, during the storage period, you must update your stored OSHA 300 Logs to include newly discovered recordable injuries or illnesses and to show any changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes, you must remove or line out the original entry and enter the new information. ​ ​ ​ ​ Ask a Question