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OSHA interpretation · 1996-04-18

OSHA injury and illness recordkeeping interpretations.

← 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.

THE ISSUES RELATED TO OSHA AND WORK AT HOME ARE PRESENTLY UNDER REVIEW. SEE ASSISTANT SECRETARY JEFFRESS' JANUARY 28, 2000 TESTIMONY REGARDING OSHA COVERAGE OF WORKING AT HOME. April 18, 1996 Christopher Strand Director of Education and Safety Training Minnesota Telephone Association, Inc. 1650 Minnesota World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101-4901 Dear Mr. Strand: Thank you for your letter dated March 5, requesting several OSHA injury and illness recordkeeping interpretations. Whenever possible, I will reference the Recordkeeping Guidelines for Occupational Injuries and Illnesses by citing the appropriate page and Q&A numbers. Injuries and illnesses that result from an event or exposure off the employer's premises are work related if the worker was engaged in work related activities or was present as a condition of his or her employment (page 35, Section 2). These criteria must be applied to the scenarios outlined in your letter. If the employee was injured while performing duties in the interest of the company, the injury would be considered work related. If the employee was injured while performing normal living conditions, (e.g. eating), the injury would not be considered work related. Pay status is not a factor to be considered for OSHA recordability. Work relationship off the employer's premises is determined by the activity the employee is performing. Injuries incurred during normal commutes to and from work are not considered recordable (page 36, C-19). However, for employees who are "on call", travel to and from work is not considered the normal commute and any injury occurring during such travel would be considered work related. This applies to employees responding and traveling to emergency situations. 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

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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.