One of the hardest parts of OSHA recordkeeping is understanding what is meant by a "work-related" injury/illness. Cases are only recordable if they are work-related, but the criteria OSHA uses is very broad.
It’s important to remember that if work makes any contribution to the injury or illness, it is considered work‐related for OSHA recordkeeping purposes.
There are certain activities that occur in the work environment that OSHA does not consider work-related. For example, injuries resulting directly from eating, drinking, or preparing one’s own food at the workplace are not considered work-related.
There are nine exceptions that are not considered work-related, even though they may meet the criteria above. You do NOT have to record cases that meet the following:
Cases meeting the conditions of the listed exceptions to work relationship in the rule are not considered work-related and are, therefore, not recordable. For example, if a grocery store employee is shopping in the store after work, falls and is injured, the employee is present as a member of the general public and the case is not work-related.
Likewise, if an employee has a diabetic episode and must be given prescription medications, the diabetes is solely due to a non-work-related event or exposure, and is not work-related.
Regardless of where signs or symptoms surface, a case is work-related only if a work event or exposure is a discernable cause of the injury or illness or of a significant aggravation to a pre-existing condition.
If an employee passes out giving blood or is injured playing basketball – the case is due to voluntary participation in a wellness or fitness program and is not work-related.
If an employee burns his lip on a cup of coffee or chokes on a sandwich – the case is due to eating food or drink for personal consumption, and is not work-related.
If an employee uses the employer’s sewing machine to make tents for the Girl Scouts after the shift has ended, this is a personal task outside of assigned working hours and any injury that would occur during that task is not work-related.
If an employee has a negative reaction to asthma medication for personal allergies, gets mascara in the eye, or commits suicide – the cases are from self medication for a non-work-related condition, personal grooming, or intentionally self-inflicted and are not work-related.
If an employee is injured in a motor vehicle accident going to or leaving work at the beginning or end of the shift, or for a personal errand – the case is not work-related. However, if the employee slips on the ice in the parking lot, or is in a car wreck doing business - the case is work-related.
If an employee catches a cold or the flu, the case is not work-related.
Mental illness is work-related only if the employee voluntarily provides the employer with a written opinion from a PLHCP with appropriate qualifications and experience that affirms a work-related mental illness. The employer is under no responsibility to seek out mental illnesses. In addition, the employer may also get a second opinion from another PLHCP and accept the opinion of the most qualified PLHCP.
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The case is not work-related. Under 1904.5(b)(2)(iii), this exception to work-relatedness allows the employer to exclude cases that are related to recreation when they are voluntary and are not being undertaken as a condition of work.
The case is not recordable, it meets the exception to work relatedness under 1904.5(b)(2)(vi). The exception in 29 CFR 1904.5(b) (2) (vi) states that an injury or illness is not considered work-related if it is solely the result of personal grooming. If, on the other hand, the employee was required to change his clothes because of exposure to a workplace contaminant, the case would be considered work-related and recordable.
Neither the seizures nor the broken arm are recordable. Injuries and illnesses that result solely from non-work-related events or exposures are not recordable under the exception in section 1904.5(b)(2)(ii). Epileptic seizures are a symptom of a disease of non-occupational origin, and the fact that they occur at work does not make them work-related. Because epileptic seizures are not work-related, injuries resulting solely from the seizures, such as the broken arm in the case in question, are not recordable.
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