Director of Organizational Change Jon Neubauer shares best practice interpretation of OSHA record keeping requirements and details methods for reducing recordability of injuries through proactive work with medical professionals and effective care management strategies.

Some questions were not able to be answered during the live webinar, and Jon has provided guidance on those questions below:

What if an employee is on lunch break and in the process of opening a cellophane wrapped sandwich with his personal knife cuts his/her hand. Is this work related?

I would consider this injury to meet the exemption outlined in 1904.5(b)(2)(iv), which reads: “The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption”. I would not consider this to be a work-related injury and therefore would not record.

What if the injured employee cannot identify where or when the injury occurred do I have to keep in in the OSHA log?

In 1904.5(b)(3) you will find that “In these situations, you must evaluate the employee’s work duties and environment to decide whether or not one or more events or exposures in the work environment either caused or contributed to or significantly aggravated a pre-existing condition.” I interpret that to mean that we must thoroughly review the employee’s job and determine if there is a risk of injury and if we feel that condition caused or contributed to the employee’s injury. You are also able to use the determination of a medical professional if you wish If we see a potential cause and the case meets the general criteria for recording, then, yes, I would enter the injury on the log. If we determined that the work duties or environment did not cause or contribute to the injury, I would suggest documenting that investigation thoroughly along with your determinations and maintain those with your records.

What if you are staying at a friend who lives in the town you are traveling for work to- would that be considered home office too?

If you were simply staying with the friend and working at another site then I think any injury sustained at the friend’s house would be exempt under the travel status exemption, establishing a home away from home as defined in 1904.5(b)(6). If you were conducting work from your friend’s house and were somehow injured the injury may be recordable. In this event, I would look at 1904.5(b)(7) and determine if the injury was caused directly by the performance of the work or a condition of the home or environment.

If an employee injures themselves and the doctor puts him on light duty BUT our light duty is in the injured workers job description such as a mechanic cannot lift more than 40 lbs. But we have them do diagnostics until they are healed and given a prescription that would not be a job transfer or such. I know it is a recordable but not a lost time. Is that assumption correct?

That is correct, the injury would be recordable but there would be no lost time, simply days of restricted duty.

If an employee is at lunch/break and trips & falls on property that the employer does not own is this considered an OSHA Recordable?

In order for an injury to be recordable there has to be a work related event or exposure in the work environment which either causes or contributes to the resulting condition or significantly aggravates a pre-existing injury or illness. In this case, the employee is not in the work environment and therefore the injury would not be recordable. If the employee was required to attend this offsite location for a company lunch or function, then there would be a connection to the work environment and the injury could be recordable.

What if an employee significantly aggravated an injury by performing a task that you instructed them not to do because you knew it could potentially aggravate their injury?

Unfortunately, this would most likely still be a recordable injury. The only potential exemption could be under 1904.5(b)(2)(vi) where OSHA provides an exemption for intentionally self-inflicted injuries. Depending on what the injury was and how it occurred, that could be a potential outcome, but it sounds like in your case the employee was simply choosing to do something that they knew they shouldn’t do and not intend to cause themselves harm or injury.

What about accident while traveling for work in a work vehicle?

As outlined in 1904.5(b)(6), if the employee was engaged in work activities in the interest of the employer, the case would be recordable (assuming it met the other general recording criteria). There are two exemptions to this rule when a temporary home has been established and when performing personal tasks. However, if an employee was injured while driving a vehicle, in the interest of the employer, the injury would be work related. The only other exemption that could pertain would be 1904.5(b)(2)(vii), which covers motor vehicle accidents on company owned parking lots and access roads.

If someone is self medicating and they get injured is the injury recordable?

1904.5(b)(2)(vi) provides an exemption for injuries and illnesses which solely result from self-medication for a non-work-related condition.

Is it a recordable if they the employee is traveling from the site job is completed but gets into a motor vehicle accident before getting home?

If the injury occurs during the commute to or from a fixed job site, the injury or illness would not be considered work-related.

If an employee sustains an injury off work while at home are they responsible for notifying their employer: For example if the employee has a muscle strain from doing yard work then complains of shoulder pain at work. Why is the employer responsible for the Recordable?

Your company can establish policies governing the reporting of non-work related injuries as long as you are in compliance with any laws and regulations covering the disclosure of personal medical information. A program should be developed so that employees are able to confidentially bring this information forward so that the employer can accommodate any restriction necessary. However, the employer is not always notified and, yes, the employer would need to record any significant aggravation to a non-work-related injury if the conditions of the job caused or contributed to that aggravation.

If an employee is injured and the employer transfers them to another job without the advice of a medical professional would still be a recordable injury?

In 1904.7(b)(4)(i), OSHA clarifies that “Restricted work occurs when, as the result of a work-related injury or illness: 1904.7(b)(4)(i)(A): You keep the employee from performing one or more of the routine functions of his or her job, or from working the full workday that he or she would otherwise have been scheduled to work or; 1904.7(b)(4)(i)(B): A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of his or her job, or not work the full workday that he or she would otherwise have been scheduled to work. If we have an injury such as the example you provided of the ee burning their hand when smoking would the injury be covered under WC and should we send them to our WC clinic independent of wheather it is recordable or not? If the injury is not caused by work should the employee see their own physician? A) Workers Compensation varies greatly State to State so that is a somewhat difficult question to answer. Depending on your State and the facts of the incident the injury may not be compensable and if not, I would recommend that the employee seek treatment on their own through their personal physician or urgent care facility.

By hospitalization how long must an employee be in the hospital to be considered hospitalization...hours days...?

OSHA defines in-patient hospitalization as a formal admission to the in-patient service of a hospital or clinic for care or treatment.

Can you repeat what you said about the Chiropractor and Physical Therapy?

Chiropractic treatment and/or PT would be considered medical treatment. In the past, the first visit to a chiropractor or one session of physical therapy or therapeutic exercise was considered first aid, but the number of sessions was removed from the new rule.

What is our liability if I take my injured employee to the clinic in my personal car and we get in an accident on way there? Is it better to contact a cab to take them or ambulance.

There would be a potential for personal liability depending on your state and insurance programs. I think it would be best to use a company owned vehicle or consider using an ambulance if this is a concern.

Do we have to take an employee for medical treatment or can they drive themselves?

There is no requirement that I am aware of which states an employer must transport an employee for treatment. I do think it is good practice if the treatment is for a work related incident.

Employee quit job 30 days ago, went to doctor, was diagnosed with carpal tunnel. Who assumes responsibility?

I would offer an answer similar to that of Question 3 above: In 1904.5(b)(3) you will find that “In these situations, you must evaluate the employee’s work duties and environment to decide whether or not one or more events or exposures in the work environment either caused or contributed to or significantly aggravated a pre-existing condition.” I interpret that to mean that we must thoroughly review the employee’s job and determine if there is a risk of injury and if we feel that condition caused or contributed to the employee’s injury. You are also able to use the determination of a medical professional if you wish If we see a potential cause and the case meets the general criteria for recording, then, yes, I would enter the injury on the log. If we determined that the work duties or environment did not cause or contribute to the injury, I would suggest documenting that investigation thoroughly along with your determinations and maintain those with your records.

Due to HIPAA laws can a supervisor or safety officer be in the examining room with the injured worker?

If the employee agrees and consents then there will be no issue. If they do not consent, you will not be allowed in the exam room during treatment. You can ask to have a discussion with the doctor regarding restrictions and things like that which should not cross over into HIPAA, which would likely take place after the examination.

Interstate truck driver. Overnight stay. Gets into an accident. Recordable?

Like some of the answers above regarding travel status, if the driver set up his home away from home in a lot for the night and was somehow injured, I don’t think the injury would be work-related. If the injury occurred out of activities performed in interest of the employer, the injury would be work-related.

If an employee does not adequately care for an injury - say he/she doesn't clean a wound appropriately or take medication appropriately - and worsens the injury. Say a first aid turns in to a recordable or a recordable into a lost time. How can that be prevented or recorded?

A robust care management program should be set up to help address this with routine follow up. If the underlying cause was a work related event or exposure the injury would need to be recorded as the treatment continues to progress.

What are the maximum days that DAFW have to be record on the log. In pass after 180 days was the max days that had to recorded?

180 days is still the limit to be used.

How do you handle recording elbow discomfort that does not have an obvious connection to work but the employee's personal physician has the employee going to physical therapy?

In 1904.5(b)(3) you will find that “In these situations, you must evaluate the employee’s work duties and environment to decide whether or not one or more events or exposures in the work environment either caused or contributed to or significantly aggravated a pre-existing condition.” I interpret that to mean that we must thoroughly review the employee’s job and determine if there is a risk of injury and if we feel that condition caused or contributed to the employee’s injury. You are also able to use the determination of a medical professional if you wish If we see a potential cause and the case meets the general criteria for recording, then, yes, I would enter the injury on the log. If we determined that the work duties or environment did not cause or contribute to the injury, I would suggest documenting that investigation thoroughly along with your determinations and maintain those with your records.

Is there a maximum number of days to report as lost time on the OSHA log?

You can cap your day count at 180 days.

What is considered timely reporting by employees, and what constitutes timely reporting (i.e. what is too long)?

Timely reporting is not defined by OSHA and to my knowledge is not considered in determination of a new case. Workers Compensation does have timelines for reporting, which vary state to state. For an example, I think New York has a limit of 30 days for acute injuries and 2 years for chronic injuries and illnesses, but these timelines begin after a diagnosis, not the date of the injury or exposure.

Do I log claims that have been rejected? After receiving medical treatment and been on modified duty?

I am not sure what you mean by rejected but if you have reviewed the situation, as described below, and determined that there was no workplace event or exposure, then the incident should not be included on the log. If you rejected or denied the claim through Workers Compensation, the injury may still be recordable. In 1904.5(b)(3) you will find that “In these situations, you must evaluate the employee’s work duties and environment to decide whether or not one or more events or exposures in the work environment either caused or contributed to or significantly aggravated a pre-existing condition.” I interpret that to mean that we must thoroughly review the employee’s job and determine if there is a risk of injury and if we feel that condition caused or contributed to the employee’s injury. You are also able to use the determination of a medical professional if you wish If we see a potential cause and the case meets the general criteria for recording, then, yes, I would enter the injury on the log. If we determined that the work duties or environment did not cause or contribute to the injury, I would suggest documenting that investigation thoroughly along with your determinations and maintain those with your records.

Is it a recordable injury if the employee gets transferred to other duties by the employer without direction from a medical professional?

Yes it is. In 1904.7(b)(4)(i), OSHA clarifies that “Restricted work occurs when, as the result of a work-related injury or illness: 1904.7(b)(4)(i)(A): You keep the employee from performing one or more of the routine functions of his or her job, or from working the full workday that he or she would otherwise have been scheduled to work or; 1904.7(b)(4)(i)(B): A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of his or her job, or not work the full workday that he or she would otherwise have been scheduled to work.

We have an employee who claims that he has a hernia and thinks it may have happened at work. Worker's Comp. has denied the claim based on the fact the employee failed to report incident until after he went to his own doctor and found out how much his insurance cost would be, and then he decided to announce that maybe this injury happened at work. Do I record this or not? There is no specific incident. The employee states that he thinks it is work related because he does not do a lot of heavy lifting at home.

It is the employers responsibility to determine work relatedness: In 1904.5(b)(3) you will find that “In these situations, you must evaluate the employee’s work duties and environment to decide whether or not one or more events or exposures in the work environment either caused or contributed to or significantly aggravated a pre-existing condition.” I interpret that to mean that we must thoroughly review the employee’s job and determine if there is a risk of injury and if we feel that condition caused or contributed to the employee’s injury. You are also able to use the determination of a medical professional if you wish If we see a potential cause and the case meets the general criteria for recording, then, yes, I would enter the injury on the log. If we determined that the work duties or environment did not cause or contribute to the injury, I would suggest documenting that investigation thoroughly along with your determinations and maintain those with your records.

If a doctor gave prescription sample is it recordable?

Yes, medical treatment is defined by the treatment, not the quantity or frequency of the treatment. Therefore a single dose of prescription medication would be recordable.

I escort my employees to the appointments. I am hesitant to interfere even when my employee agrees to me being there. How can I improve my escorting practices? What are some things I must do?

I recommend a thorough training program involving role playing to help people become more comfortable in these situations. These situations can be difficult and trying and practice will ensure that you provide the best care for your employee and help create a more positive outcome for all. On our website you can find our Care Management Book, which is a great tool to use when you need to escort, we also cover this training in our Base Camp training events if you would like to attend one of those sessions.

We had an employee that said his "ankle rolled" while walking to his car. He ended up with a small cuboid fracture in his foot. Would this have to be recorded?

The parking lot is considered to be part of the work environment and an event (rolling of the ankle) took place, so Yes this should be recorded.

A parking lot incident i.e. automobile accident ends up in a serious injury - will it be recordable?

Injuries resulting from motor vehicle accidents which occur on company parking lots or access roads are exempt if they are part of the employee’s commute to and from work. (1904.5(b)(2)(vii))

I have an employee who had a second fall. Years after the first fall which resulted in a claim of 18% permanent disability. The second fall resulted in swelling and soreness but no lost time and no restricted duties. I made her go to the doctor for the second fall and mandated that she had X-rays and MRI because I was worried about the first injury. Is this reportable?

As long as medical treatment beyond first aid was not administered this would not be recordable. I do think that this would classify as a new event but recordability hinges on the treatment in this case and I do not see any treatment that would be classified as medical treatment.

Is it a recordable injury if the employee gets transferred to other duties by the employer without direction from a medical professional?

If the employee was transferred due to a work related injury or illness Yes this would be recordable. B) In 1904.7(b)(4)(i), OSHA clarifies that “Restricted work occurs when, as the result of a work-related injury or illness: 1904.7(b)(4)(i)(A): You keep the employee from performing one or more of the routine functions of his or her job, or from working the full workday that he or she would otherwise have been scheduled to work or; 1904.7(b)(4)(i)(B): A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of his or her job, or not work the full workday that he or she would otherwise have been scheduled to work.

In healthcare is an administration of a prophylaxis antibiotic (Cipro) as a preventative measure to a possible Meningitis exposure recordable? Ultimately the exposure was not a true exposure.

Cipro is a prescription drug and therefore the incident would be recordable if an event or exposure in the work environment necessitated that treatment.

Injured receives prescription pain medication after (surveyor) routinely climbs through strands of fence and complains of aggravating a previously injured knee. Recordable?

This would fall under the definition of significant aggravation.

Significant aggravation is clarified as:

-Medical treatment in a case where no medical treatment was needed for the injury or illness prior to the workplace event or exposure or,

- A change in medical treatment was necessitated by the workplace event or exposure.

If someone loses consciousness at work and there was no lost time but they went to the emergency room and it was found that it was a condition outside the workplace is that recordable?

If the injury or illness involves signs or symptoms that surface at work but result solely from a non-work related event or exposure that occurs outside of the work environment it would be exempt under 1904.5(b)(2)(ii). If there was an event or exposure in the work environment that caused or contributed to (i.e. fumes, dust, etc) the case could be recordable.

What if an employee gets a tetanus shot and released to full duty with out restrictions. He then decides to take a sick day on his own because of the pain. Recordable or not?

In this case there was no medical opinion that the employee could not work, in fact the opposite, so I would not consider this to be a lost time nor a recordable injury.

If a person works from home and something falls on their feet or they trip on something and hurt themselves would that be a recordable injury?

In this event, I would look at 1904.5(b)(7) and determine if the injury was caused directly by the performance of the work or a condition of the home or environment. The example I gave on the phone was that if an employee slipped on paperwork because they kept their home office messy, that would be a work related injury.

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