Job13

OSHA interpretation · 1995-07-12

The proper recording of an injury case on the OSHA Log and Summary of Injuries and Illnesses.

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.

July 12, 1995 Mr. Casey A. Conway Sr. Advisor, Health and Safety 76 Products Company 1202 West 5th Street Post Office Box 7600 Los Angeles, California 90017 Dear Mr. Casey: Thank you for your letter dated May 23, requesting an interpretation regarding the proper recording of an injury case on the OSHA Log and Summary of Injuries and Illnesses. Injuries and illnesses that result from an event or exposure off the employer's premises are work related if the worker was (1) engaged in work related activities or was (2) present as a condition of his or her employment (page 35, Section 2 of the Recordkeeping Guidelines for Occupational Injuries and Illnesses ). Furthermore, an employee's normal commute from home to office is not considered to be work related (page 36, Q&A C-19). A normal commute is considered to be one round trip per day. These criteria must be applied to the scenario outlined in your letter. The situation in your letter should be viewed as part of the employee's normal commute (the bicycle trip home being the second leg of the commute) and therefore not work related. Any travel between the employee's residence and CPR class would have been considered work related. This case should not be recorded on the Log. I hope you find this information useful. If you have any further questions, please contact us at Area Code (202) 219-6463. Sincerely, Bob Whitmore Chief Division of Recordkeeping Requirements

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

Other letters on the same sections

Deciding a case of your own?

The free recordability check works through Part 1904 in the order the regulation sets out and quotes the provision behind every step.

Check a case — free

Not legal advice. This page republishes 29 CFR Part 1904 as published by the eCFR and explains it. The recordkeeping duty is the employer’s. Where the rule requires judgement, Job13 says so rather than guessing — run your own case through the free check.