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OSHA interpretation · 1993-08-18

Work relationship of an injury occurring on the company premises.

← All interpretations§ 1904

OSHA’s standing caveat

Interpretation letters explain existing requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. Enforcement guidance may be affected by later changes to OSHA rules, and a letter addresses the facts it was given — not necessarily yours.

August 18, 1993 Mr. Stephen G. Kastensmidt OSHA Recordkeeping Group Brown & Root, Inc. Post Office Box Three Houston, Texas 77001-0003 Dear Mr. Kastensmidt: Thank you for your letter dated August 2, asking for an interpretation regarding the work relationship of an injury occurring on the company premises. The general rule is that all injuries and illnesses that occur to employees on the employer's premises are presumed to be work related. This presumption is rebuttable if the worker is on the employer's premises as a member of the general public or if the employee's symptoms are the result of a non-work related event or exposure off premises and merely surface on the employer's premises (see Q&A C-8, on page 34 of the Guidelines). Thus if an employee is injured in a fist fight on company premises, that injury is considered to be work related for OSHA injury and illness recordkeeping purposes. If the injury involves days away from work, as per your example, the case is recordable. Fist fights are analogous to situations involving horseplay for recordkeeping purposes (see Q&A C-7 on page 34 of the Guidelines). I hope you find this information useful. If you have any further questions, please contact my staff at Area Code (202) 219-6463. Sincerely, Stephen A. Newell Director Office of Statistics

Reproduced verbatim from osha.gov. US Government work, public domain (17 U.S.C. § 105).

Other letters on the same sections

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