Public Street Motor Vehicle Accidents and OSHA Recording
Record work-related vehicle crashes on public roads if they meet a criterion; report them to OSHA only if they happen in a construction work zone.
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Topic · 12 guides
Before you ask whether a case is serious enough to record, decide whether it is work-related. Under 29 CFR 1904.5, an injury or illness is presumed work-related when an event or exposure in the work environment caused or contributed to it, or significantly aggravated a pre-existing condition. The work environment includes the establishment and any other location where employees are working or are present as a condition of their employment.
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The presumption has nine exceptions. A case is not work-related if the person was present as a member of the general public; if symptoms surface at work but result solely from a non-work event; if it comes from voluntary wellness or recreational activity; from eating, drinking or preparing food for personal consumption; from personal tasks outside assigned working hours; from personal grooming, self-medication or intentional self-infliction; from a motor vehicle accident in a company parking lot or access road during the commute; if it is a common cold or flu; or if it is a mental illness, unless the employee voluntarily provides a qualified professional's opinion that it is work-related.
The guides here apply those rules to travel status, work from home, company events, commuting and public-road accidents.
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Work-relatedness
12 guides
Record work-related vehicle crashes on public roads if they meet a criterion; report them to OSHA only if they happen in a construction work zone.
4 min readUpdated
Choking on lunch or scalding yourself with coffee at work is not work-related, because 1904.5 excepts eating and drinking for personal consumption.
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Injuries from personal tasks done at work outside assigned working hours, like fixing your own car in the shop after the shift, are not work-related.
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Injuries that result solely from voluntary participation in a wellness program or fitness activity, even on company premises, are not work-related.
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Injuries at voluntary recreational events, like a company picnic softball game, are generally not work-related under the recreation exception.
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A company-controlled parking lot is part of the work environment, so a slip or fall there is generally work-related.
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Injuries during an ordinary commute are not work-related, and a motor vehicle accident in the company parking lot or access road while commuting…
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The common cold and flu are never recordable: 29 CFR 1904.5(b)(2)(viii) excludes them from work-relatedness even when caught at work.
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A travel injury is work-related if the employee was acting in the employer's interest, such as traveling to a customer, working…
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Work significantly aggravates a pre-existing condition when it causes days away, restriction, new treatment…
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A case is work-related if something in the work environment caused or contributed to it, or significantly aggravated a pre-existing condition.
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A work-from-home injury is work-related if it happens while the employee is doing paid work and is directly related to that work, not to the home environment.
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From guide to log
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