![]() To keep apprised of such developments, you can consult OSHA's website at. Also, from time to time we update our guidance in response to new information. Note that our enforcement guidance may be affected by changes to OSHA rules. This letter constitutes OSHA's interpretation of the requirements discussed. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. We hope you find this information helpful. Thank you for your interest in occupational safety and health. You can also see our Letters of Interpretation dated Januto Ms. Therefore, the case you describe in your letter is work-related and must be recorded because it meets the general recording criteria in Section 1904.7 (the injury required sutures). In other words, the exception does not apply to injuries and illnesses that occur during breaks (either formal or informal) in the employee's normal work schedule. ![]() The exception in Section 1904.5(b)(2)(v) only applies if an injury or illness occurs when the employee is conducting personal tasks while present in the work environment at a time either (1) before the start of the normal work schedule, or (2) after the normal work schedule has ended. In your scenario, the exception in Section 1904.5(b)(2)(v) would not apply because the injury occurred during the employee's normal work schedule (lunch break). Flores, Instead, the focus has been on whether the event or exposure took place when the employee was present in the work environment as a condition of employment. See, OSHA's Frequently Asked Questions 5-11, and OSHA's Maletter of interpretation to Dr. Historically, OSHA has not considered the employee's pay status at the time of the incident or the fact that he or she punches in and out with a time clock (or signing in and out) to be relevant when determining whether a case is work-related. This means that, in order for the exception in Section 1904.5(b)(2)(v) to apply, the injury or illness must occur outside the time the employee is normally expected to be present in the work environment. For purposes of OSHA recordkeeping, "assigned working hours" means "those hours the employee is actually expected to work, including overtime." See, OSHA's Frequently Asked Question 5-4 at. In order for this exception to apply, the case must meet both of the stated conditions. 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. See the preamble to the final rule ( 66 Fed. The geographic presumption (that is, an injury is work-related if it occurs in the work environment) covers cases in which an injury or illness results from activities that occur at work but that are not directly productive. The work environment includes any location where one or more employees are working or are present as a condition of their employment. An injury is presumed to be work-related if it results from an event occurring in the work environment, unless an enumerated exception to this geographic presumption applies. Response: Under 29 CFR Subpart C, "Recordkeeping Forms and Recording Criteria," an injury must be recorded if it is work-related, is a new case, and meets one or more of the general recording criteria (such as requiring medical treatment beyond first aid). Question: Does this case fall within the exception in Section 1904.5(b)(2)(v) for injuries and illnesses that are solely the result of employees doing personal tasks (unrelated to their employment) at the establishment outside of their assigned work hours. At 12:20 pm (while off the clock), the employee exits a restroom and falls awkwardly, causing a deep laceration which requires sutures to close. ![]() Scenario: A client's employee working for a construction company is paid to work from 7:00 am to 12:00 pm and 12:30 pm to 5:30 pm as bound by the National Maintenance Agreement that applies to craft employees working at this work site. ![]() You ask for a specific interpretation of OSHA's regulation at Section 1904.5, "Determining Work Relatedness." In an effort to provide you with prompt and accurate responses, we developed and continue to refine a set of Frequently Asked Questions (FAQ), in addition to maintaining a log of Letters of Interpretation (LOI) on the OSHA Recordkeeping website. Thank you for your recent letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 – Recording and Reporting Occupational Injuries and Illnesses. ![]()
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