loader from loading.io

030: Is that Workplace Safety Injury/Illness Work-related or Not?

The SafetyPro Podcast

Release Date: 01/23/2018

114: Measuring Facility Safety & Health show art 114: Measuring Facility Safety & Health

The SafetyPro Podcast

The International WELL Building Institute (IWBI) created the WELL Health-Safety Rating application and label for buildings. The rating program focuses on 25 features for health and safety in buildings. Organizations can earn this designation by achieving compliance with 15 of the 25. This rating for buildings is flexible, scalable across varying building types, and easily applied across an extensive portfolio of properties. The WELL Health-Safety areas of focus are: Cleaning and Sanitation Procedures Emergency Preparedness Programs Health Service Resources Air and Water Quality...

info_outline
113: The New SafetyPro Community Site show art 113: The New SafetyPro Community Site

The SafetyPro Podcast

The all-new is available!  Now subscribers can get exclusive access to live chats, member-only videos, posts, downloads, guests, and more! Be sure to check out the ALL NEW group today! DON'T MISS OUT!

info_outline
112: Employee Well-Being is Workplace Safety/Health show art 112: Employee Well-Being is Workplace Safety/Health

The SafetyPro Podcast

From : To say the "world's largest work-from-home experiment" has presented challenges would be an understatement. These challenges range from strategy and brand loyalty to customer centricity and employee wellbeing. While it might have been easy to dismiss well-being as simply a personal matter in the past, top leaders and managers who emphasize it will see significant returns. Employees with high well-being are more resilient during widespread or personal tough times, are less likely to have unplanned days out of the office, and have better performance than those with low well-being. The...

info_outline
111: Root Cause Analysis Best Practices show art 111: Root Cause Analysis Best Practices

The SafetyPro Podcast

Picture: I recently read an article from the folks over at  that I wanted to share. It talks about how to have a successful root cause analysis and lists some best proactices. You can read their full article . In order to be successful in completing a root cause analysis you should: Provide a complete, clear picture of what happened. Identify all the problems (Causal Factors) that led to the incident being investigated. Find the real root causes of each problem. Find the Generic Causes of each Root Cause. Develop effective corrective actions. Get management to understand the problems...

info_outline
110: Breast Cancer Awareness Month 2020 show art 110: Breast Cancer Awareness Month 2020

The SafetyPro Podcast

In 2020, an estimated 276,480 new cases of invasive breast cancer will be diagnosed in women in the U.S., as well as 48,530 new cases of non-invasive (in situ) breast cancer. 64% of breast cancer cases are diagnosed at a localized stage (there is no sign that cancer has spread outside of the breast), for which the 5-year survival rate is 99%. This year, an estimated 42,170 women will die from breast cancer in the U.S. 1 in 8 women in the United States will be diagnosed with breast cancer in her lifetime Breast cancer is the most common cancer in American women, except for skin cancers. It is...

info_outline
109: Hot Work Safety with Wesley Carter, CCPSC show art 109: Hot Work Safety with Wesley Carter, CCPSC

The SafetyPro Podcast

We're back with , as part of our ongoing collaboration comparing and contrasting the PSM standard with OSHA general industry regulations. In this episode, we cover the requirements surrounding Hot Work, any work that involves burning, welding, cutting, brazing, soldering, grinding, using fire- or spark-producing tools, or other work that produces a source of ignition. You'll learn what the PSM standard requires for hot work, its relationship with standard 1910.252 (for the general industry), and even about what the OSHA construction standard says about hot work activities. You'll also hear an...

info_outline
108: Contractor Safety with Wesley Carter, CCPSC show art 108: Contractor Safety with Wesley Carter, CCPSC

The SafetyPro Podcast

In this episode, I was back with on the  for another collaboration where we talk about both occupational safety and process safety, and this time we cover contractor management. We talk about what OSHA says about contractor management for the general industry, and what's required for PSM-covered facilities, how contractor management relates to both occupational and process safety, and why you should care. Find OSHA's Recommended Practices for Safety and Health Programs, Communication and Coordination for Host Employers, Contractors, and Staffing Agencies, . * CORRECTION: While we...

info_outline
107: What is Your Plan to Reopen During COVID-19? show art 107: What is Your Plan to Reopen During COVID-19?

The SafetyPro Podcast

  In this episode, I share some great resources for businesses considering reopening during the current COVID-19 Pandemic from our friends at Mighty Line even got a shout-out from Mr. Wonderful himself, check it out . The plan to reopen must be carefully considered and planned in order to protect workers and their families. Listen to this episode for some great tips and links to resources you will need to reopen safely. Join the discussion on LinkedIn. Just be sure to @ mention Blaine J. Hoffmann or page. You can also find the podcast on , , and

info_outline
106: Emergency Action Planning and Response show art 106: Emergency Action Planning and Response

The SafetyPro Podcast

  We've teamed up with the Amplify folks once again to bring you an episode on emergency planning and response. Wesley Carter will cover the general industry requirements, what PSM says, and a bit about RMP's requirements. If you work at a PSM-covered facility, or in an industry where safety is essential, you don't want to miss this episode. Join the discussion on LinkedIn. Just be sure to @ mention Blaine J. Hoffmann or page. You can also find the podcast on , , and

info_outline
105: Incident Investigation  w/Wesley Carter show art 105: Incident Investigation w/Wesley Carter

The SafetyPro Podcast

  In this very special episode, process safety and occupational safety worlds collide as Wesley teams up with Blaine Hoffmann from The SafetyPro Podcast to discuss incident investigation. You'll learn what OSHA's PSM standard says about incident investigations, as well as OSHA's requirements for the general industry, why an incident investigation is important, why root cause analysis matters, and more. Check out the page! Mentioned in this episode: Join the discussion on LinkedIn. Just be sure to @ mention Blaine J. Hoffmann or page. You can also find the podcast on , ,...

info_outline
 
More Episodes

Powered by iReportSource

OSHA Recordkeeping

As we know, the language of the OSH Act limits the recording requirements to injuries or illnesses that are "work-related." The Act uses but does not define, this term.

OSHA has interpreted the Act to mean that injuries and illnesses are work-related if events or exposures at work either caused or contributed to the problem. Work-related injuries or illnesses may (1) occur at the employer's premises, or (2) occur off the employer's premises when the employee was engaged in a work activity or was present as a condition of employment.

What most people would read under paragraph 1904.5(b)(1), is the "work environment" means "the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations but also equipment or materials used by the employee during his or her work."

Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment. Mainly, there must be a causal connection between the employment and the injury or illness before the case is recordable. There are some exceptions. These exceptions help us to better understand what WOULD be recordable. So let’s go thru the exceptions:

Injuries or illnesses will not be considered work-related if they involve symptoms that surface at work but result solely from a non-work-related event or exposure that occurs outside the work environment. OSHA's recordkeeping system is intended only to capture cases that are caused by conditions or exposures arising in the work environment. It is not designed to capture cases that have no relationship with the work environment.

For this exception to apply, the work environment cannot have caused, contributed to, or significantly aggravated the injury or illness. 

An example of this type of injury would be a diabetic incident that occurs while an employee is working. Because no event or exposure at work contributed in any way to the diabetic episode, the case is not recordable. This exception allows the employer to exclude cases where an employee's non-work activities are the sole cause of the injury or illness. The exception was included in the proposal, and OSHA received no comments opposing its adoption.

Injuries and illnesses will not be considered work-related if they result solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity such as blood donation, physical, flu shot, exercise classes, racquetball, or baseball. This exception allows the employer to exclude certain injury or illness cases that are related to personal medical care, physical fitness activities, and voluntary blood donations. The were here are "solely" and "voluntary."

The work environment cannot have contributed to the injury or illness in any way for this exception to apply, and participation in the wellness, fitness or recreational activities must be voluntary and not a condition of employment.

This exception allows the employer to exclude cases that are related to personal matters of exercise, recreation, medical examinations or participation in blood donation programs when they are voluntary and are not being undertaken as a condition of work.

For example, if a clerical worker were injured while performing aerobics in the company gymnasium during his or her lunch hour, the case would not be work-related. On the other hand, if an employee who was assigned to manage the gymnasium was injured while teaching an aerobics class, the injury would be work-related because the employee was working at the time of the injury and the activity was not voluntary.

Similarly, if an employee suffered a severe reaction to a flu shot administered as part of a voluntary inoculation program, the case would not be considered work-related. However, if an employee suffered a reaction to medications administered to enable the employee to travel overseas on business, or the employee had an illness reaction to a drug administered to treat a work-related injury, the case would be considered work-related.

Injuries and illnesses will not be considered work-related if they are solely the result of an employee eating, drinking, or preparing food or drink for personal consumption (whether bought on the premises or brought in). OSHA has gotten many letters asking for interpretations on this very topic. So they addressed it in this exception.

An example of the application of this exception would be a case where the employee injured himself or herself by choking on a sandwich brought from home but eaten in the employer's establishment; such a case would not be considered work-related under this exception.

On the other hand, if a trip/fall hazard injured the employee in the employer's lunchroom, the case would be considered work-related.

In addition, a note to the exception makes clear that if an employee becomes ill as a result of ingesting food contaminated by workplace contaminants such as lead, or contracts food poisoning from food items provided by the employer, the case would be considered work-related.

Another wrinkle here worth noting is if an employee contracts food poisoning from a sandwich brought from home or purchased in the company cafeteria and must take time off to recover, the case is not considered work-related. 

On the other hand, if an employee contracts food poisoning from a meal provided by the employer at a business meeting or company function and takes time off to recover, the case would be considered work-related. Food provided or supplied by the employer does not include food purchased by the employee from the company cafeteria but does include food purchased by the employer from the company cafeteria for business meetings or other company functions.

So the test is whether the employer is providing food for a work-event or not.

Injuries and illnesses will not be considered work-related if they are solely the result of employees doing personal tasks (unrelated to their employment) at the establishment outside of their assigned working hours. This exception allows employers limited flexibility to exclude from the recordkeeping system situations where the employee is using the employer's establishment for purely personal reasons during his or her off-shift time.

For example, if an employee were using a meeting room at the employer's establishment outside of his or her assigned working hours to hold a meeting for a civic group to which he or she belonged, and slipped and fell in the hallway, the injury would not be considered work-related.

On the other hand, if the employee were at the employer's establishment outside his or her assigned working hours to attend a company business meeting or a company training session, such a slip or fall would be work-related.

Injuries and illnesses will not be considered work-related if they are solely the result of personal grooming, self-medication for a non-work-related condition, or are intentionally self-inflicted. This exception allows the employer to exclude from the Log cases related to personal hygiene, self-administered medications and intentional self-inflicted injuries, such as attempted suicide.

For example, a burn injury from a an adverse used at work to dry the employee's hair would not be work-related. Similarly, a negative reaction to a medication brought from home to treat a non-work condition would not be considered a work-related illness, even though it first manifested at work.

Injuries will not be considered work-related if they are caused by motor vehicle accidents occurring in company parking lots or on company access roads while employees are commuting to or from work. This exception allows the employer to exclude cases where an employee is injured in a motor vehicle accident while commuting from work to home or from home to work or while on a personal errand.

For example, if an employee was injured in a car accident while arriving at work or while leaving the company's property at the end of the day, or while driving on his or her lunch hour to run an errand, the case would not be considered work-related.

On the other hand, if an employee were injured in a car accident while leaving the property to purchase supplies for the employer, the case would be work-related. This exception represents a change from the position taken under the older record keeping rule, which was that no injury or illness occurring in a company parking lot was considered work-related.

So, OSHA has concluded that some injuries and illnesses that occur in company parking lots are clearly caused by work conditions or activities e.g., being struck by a car while repairing asphalt, slipping on ice permitted to accumulate in the lot – and by their nature point to conditions that could be corrected to improve workplace safety and health.

Common colds and flu will not be considered work-related.

OSHA allows the employer to exclude cases of common cold or flu, even if contracted while the employee was at work.

However, in the case of other infectious diseases such as tuberculosis, brucellosis, and hepatitis C, employers must evaluate reports of such illnesses for work relationship, just as they would any other type of injury or illness.

Please listen to the full episode as I explain some more OSHA Q & A’s on this topic. Please leave your comments or questions! Let me know what you think. Send an email to info@thesafetypropodcast.com and share with me your thoughts about OSHA recordkeeping.

Please leave a ranking and review on Apple Podcast; it helps others find the podcast and assists me in making improvements.

If you are not on Apple Podcast, you can find me on LinkedIn! Post a LinkedIn update, letting me know what you think of the podcast. Be sure to @ mention Blaine J. Hoffmann or The SafetyPro Podcast LinkedInpage. You can also find the podcast on FacebookInstagram, and Twitter!

Be sure to subscribe to the SafetyPro Podcast to catch each episode!