- Standard Number:
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 http://www.osha.gov.
April 14, 2000
3789 Windy Avenue
Memphis, TN 38121-2131
Dear Ms. Henry:
Thank you for your inquiry of January 21, 2000, requesting a determination of OSHA recordability of an injury received by an employee while attending a training session off the employer's premises. I will respond by citing the Recordkeeping Guidelines for Occupational Injuries and Illnesses (the Blue Book) by page and Q&A number(s), whenever possible.
Scenario: Employee was attending an off-site, 3-day ergonomic training course, open to personnel nationwide. The training facility was located in the next town, which is situated 19 miles from the employee's normal worksite and approximately 40-45 miles from the employee's home. Because of the proximity of the training facility, the employee was not permitted to stay overnight at the facility and was required to travel daily from home.
At the end of Day 2 of training, after being dismissed from the course, and conducting a training/feedback session with some of the out-of-State employees, the employee began driving back to her normal worksite to pick up a computer for a customer and to enter notes from the training/feedback session. While exiting the parking lot of the training facility in her privately owned vehicle (pov), the employee's vehicle was rear ended, causing strain injuries to the employee's shoulder, neck, back, and knee. These injuries were treated at a hospital emergency room with a sling and prescription painkillers.
Questions: Are the injuries recordable?
Answer: The employee's travel between the training facility and the home office should be considered work related and therefore the case should be recorded on the OSHA Log. Q&A C-19 on Page 36 of the Recordkeeping Guidelines states, "Employees who travel on company business shall be considered to be engaged in work related activities all the time they spend in the interest of the company." As described in your scenario, at the time of the accident, the employee was engaged in travel between the training facility and the home office in order to retrieve a computer for a customer and paper work for a manager. This would indicate that the travel was in the interest of the company and therefore work-related. Because the employee received prescription medications as a result of the injuries, the case should be recorded.
We appreciate the opportunity to clarify these matters for you. I hope you find this information useful. If you have any further questions or comments, please contact the Division of Recordkeeping Requirements at: 202-693-1702.
Cheryle A. Greenaugh