If a maintenance employee is cleaning the parking lot or an access road and is injured as a result, is the case work-related?

Frequently Asked Questions

Question: If a maintenance employee is cleaning the parking lot or an access road and is injured as a result, is the case work-related?

Answer:

Yes, the case is work-related because the employee is injured as a result of conducting company business in the work environment. If the injury meets the general recording criteria of Section 1904.7 (death, days away, etc.), the case must be recorded.

For more information, explore OSHA's Recordkeeping Requirements.

Determining if injuries and illnesses are work-related when employees participate in off-site voluntary charitable activity.

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 response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

DOL-OSHA-DTSEM-2020-002 – This document does not have the force and effect of law and is not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

October 5, 2020

William K. Principe
Constangy Brooks, Smith & Prophete, LLP
230 Peachtree Street, NW
Atlanta, GA  30303-1557

Dear Mr. Principe:

Determining whether injuries in the company parking lot during paid company break are work-related.

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 response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

Mr. Richard T. Weber
Director, Safety, Health, &
Environmental Affairs
Flakeboard
100 Kingsley Park Drive
Fort Mill, SC 29715

Dear Mr. Weber:

Thank you for your letter of June 4, 2007 in which you provided the additional information we requested for an electronic e-correspondence Serial # 134670 dated May 15, 2007 and responded to on May 24, 2007.  You requested guidance on the recordability of an employee injury resulting from a car fire in the company parking lot when the employee was on a paid company break.

Recording an injury when employer is provided with different medical opinions.

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 response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

April 3, 2007

Mr. Orpha B. Thomas, President
Thomas Safety & Health Consulting, Inc.
1612 North Belmont Ave.
Arlington Heights, IL 60004

Dear Mr. Thomas:

Determining whether an injury or illness is work-related and recordable

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 response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

October 19, 2015

Ron Cross
Simonton Windows & Doors
5300 Briscoe Road
Parkersburg, WV 26105-8125

Dear Mr. Cross:

Thank you for your August 12, 2015, letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping requirements contained in 29 CFR Part 1904 - Recording and Reporting Occupational Injuries and Illnesses. Specifically, you requested clarification on whether an employee's laceration and subsequent fainting at the sight of blood constitutes a recordable case on the OSHA Form 300.

Clarification on the work-related exemption involving personal tasks outside the assigned working hours

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 response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

November 6, 2015

William Principe
Constangy Brooks Smith & Prophete, LLP
230 Peachtree Street, NW
Suite 2400
Atlanta, Georgia 30303-1557

Dear Mr. Principe:

Thank you for your recent letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping requirements contained in 29 CFR Part 1904 - Recording and Reporting Occupational Injuries and Illnesses. Specifically, you requested clarification on the exemption to work-relatedness involving personal tasks performed within the work environment.

OSHA's no-fault recordkeeping system requires recording work-related injuries and illnesses, regardless of the level of employer control or non-control involved.

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 response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

Beth Nelson
State of Wyoming
Department of Employment
Cheyenne Business Center
1510 East Pershing Blvd.
Cheyenne, Wyoming 82002

Dear Ms. Nelson:

This is in response to your letter dated August 14, 2002. Thank you for your comments pertaining to the Occupational Safety and Health Administration's (OSHA) Injury and Illness Recording and Reporting Requirements contained in 29 CFR Part 1904.

Determining work-related injuries for accidents that occur on a public road or highway

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 response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

August 23, 2016

Mr. Harry Stollmack
Shawcor Inspection Services
4250 Sam Houston Pkwy. E., Ste. 180
Houston, Texas 77032

Dear Mr. Stollmack:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding 29 CFR Part 1904 - Recording and Reporting Occupational Injuries and Illnesses.

Clarification on determining if an injury or illness is work-related and the recordability of the administration of oxygen.

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 response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

November 19, 2002

Baruch Fellner, Esq.
Gibson, Dunn & Crutcher LLP
1050 Connecticut Ave., N.W.
Washington, D.C. 20036-5306

Re: December 12, 2001 Recordkeeping Training

Dear Mr. Fellner: