Job13
Sign inCheck a case

OSHA interpretation · 2015-04-13

Clarification regarding the applicability of the recording criteria for an injury occurring while commuting to from work

← All interpretations§ 1904§ 1904.5(b)

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.

April 13, 2015 Rick Barnard GoodCents 5738 Jones Street Milton, Florida 32570 Dear Mr. Barnard: 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. You ask for clarification on the work relationship of injuries occurring during an employee's commute. Scenario: An employee is commuting from home to work in a company vehicle. The employee is involved in a motor vehicle accident and sustains injuries that require medical treatment beyond first aid. Is this a recordable injury? Response: The injury is not considered work related and is therefore not recordable on the OSHA Log. OSHA's recordkeeping regulation at Section 1904.5(b)(2)(vii) allows an employer to exclude cases where an employee is injured in a motor vehicle accident while commuting from home to work or from work to home. The mode of transportation is not determinative of OSHA's definition of an employee's commute. Under your scenario, the daily trips between the residence and work site are considered the employee's commute, regardless of whether they are made by personal vehicle or company-provided vehicle. An accident occurring during the employee's commute is not considered work-related. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in responses to new information. To keep appraised of such developments, you can consult OSHA's website at http://www.osha.gov . Sincerely, Amanda Edens, Director Directorate of Technical Support and Emergency Management

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.