No. The case is not work-related because the employee was not within the work environment and he was not present as a condition of employment or engaged in a work activity.
Q: An employee is off the worksite for lunch and has an incident that results in injury. The employee is an hourly employee whom gets a paid lunch. Does this then become a recordable since he is on the clock when the injury occurred?
FAQ ID: 180
Source: OSHA e-correspondence
Q: An employee on business travel has checked into his temporary home away from home, and reported to his work location first thing in the morning. At lunch that day, the employee goes to a local restaurant to eat with a coworker. When walking to the restaurant the employee trips on a curb, falls and breaks his wrist. Is this injury required to be recorded?
This is not a work-related or recordable injury as long as the lunch is not considered a work activity directed by the employer. Normally, injuries and illnesses that occur to employees who are off the employer's premises during their lunch break is not a work-related or recordable injury.
FAQ ID: 677
Source: OSHA e-correspondence
Q: An employee was going for lunch and sprained his left ankle while rushing and slipping down a staircase in an office building. His reason for rushing is he did not want to keep his colleagues waiting for him. X-ray at hospital showed no fracture and he was given 3 days medical leave to recuperate at home. The staircase was brightly illuminated without any slip hazards. Is this incident considered to be recordable?
This is a work-related and recordable injury. OSHA's no-fault recordkeeping system requires recording work-related injuries and illnesses that occur in the work environment, regardless of the level of employer control or non-control involved. A case is presumed work-related if, and only if, an event or exposure in the work environment is a discernable cause of the injury or illness. The act of slipping down the staircase is a clear event within the work environment that caused the injury, establishing work relatedness. The time needed to recuperate makes the case recordable.
FAQ ID: 659
Source: OSHA e-correspondence
Q: An employee went snowmobiling with a customer during lunch. The employee fell off the snowmobile, got injured and is on restricted duty. Since this was a non-business activity and he did it on his own free will (the customer just happened to be with him), should this count as an OSHA recordable injury?
No. Injuries and illnesses occurring outside of the work establishment are only considered work related if the employee is present as a condition of employment or is engaged in a work activity. Because the employee was snowmobiling strictly a personal activity, the case is not work related.
FAQ ID: 695
Source: OSHA e-correspondence
Q: Some employees work on an off-Friday. The company furnishes lunch for these occasions. An employee was consuming the lunch while at their work-station, and bit on an olive pit. The employee's tooth was broken. Is this a recordable case?
No. An injury that results solely the from eating, drinking, or preparing food or drink for personal consumption is not considered to be work related, even if the food is provided by the employer. Note, if the employee is made ill by ingesting food contaminated by workplace contaminants (such as lead), or gets food poisoning from food supplied by the employer, the case would be considered work-related.
FAQ ID: 698
Source: OSHA e-correspondence
Q: Two office workers go off site from the office to have lunch. While there personal vehicle is waiting at a near-by red light, they are struck by another vehicle. The employees were examined at the ER and released. One employee received prescription strength medication. Should this injury be recorded?
The automobile accident is not work-related and the injury is not recordable. Injuries and illnesses that occur to employees who are not in the work environment and are not engaged in work activities "in the interest of the employer" are not considered work related.
FAQ ID: 660
Source: OSHA e-correspondence