Determining if injuries or illnesses are work-related when involved in a motor vehicle accident

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.

January 4, 2022

Mr. Stephen A. Newell
NSC | ORCHSE
2021 L Street NW, Suite 101-357
Washington, DC 20036

Dear Mr. Newell:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 – Recording and Reporting Occupational Injuries and Illnesses. Specifically, you request clarification on whether an employee’s injury would be considered work-related when involved in a motor vehicle accident.

Determining whether to record an employee’s injury that involved both work-related and non-work-related incidents.

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.

March 17, 2021

Mr. Brad T. Hammock

Littler Mendelson, PC
1650 Tysons Boulevard, Suite 700
Tysons Corner, Virginia 22102

Dear Mr. Hammock:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 – Recording and Reporting Occupational Injuries and Illnesses. Specifically, you request clarification on whether to record an employee’s injury that involved both work-related and non-work-related events and exposures.

Determining who is responsible for recording an Injury or illness of police officer candidates when they attend training at a police academy.

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.

March 17, 2021

Mr. Edwin G. Foulke, Jr.
1075 Peachtree Street, NE
Suite 3500
Atlanta, GA 30309

Dear Mr. Foulke:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 – Recording and Reporting Occupational Injuries and Illnesses. You request clarification on who is responsible for recording injuries and illnesses of police officer candidates when they attend training at a police academy.

Determining if Injuries and Illnesses are work-related when employees commute from home to work and from a hotel to a worksite.

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.

March 17, 2021

Ms. Elizabeth Treanor
PRR Sacramento Office
P.O. Box 660912
Sacramento, California 95866

Dear Ms. Treanor:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR 1904 – Recording and Reporting Occupational Injuries and Illnesses. You request specific guidance on whether to record injuries that occur to an employee when commuting from home to a worksite, and when commuting from a hotel to a worksite.

Determining the recordability of an illness when an employee uses a rescue inhaler following an exposure in the work place.

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.

March 17, 2021

Mr. Bryan D. LeMoine
2730 North Ballas Road, Suite 200
P.O. Box 31901
St. Louis, MO 63131-3039

Dear Mr. LeMoine:

Reporting two related reportable events.

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.

January 8, 2021

Ms. Kathryn McMahon
Conn Maciel Carey, LLP
5335 Wisconsin Avenue, NW
Suite 660
Washington, D.C.  20015

Dear Ms. McMahon:

If an employee is hospitalized as an in-patient and the only care or treatment provided is from OSHA's "first aid list" (for example if the only treatment is non-prescription medication), does the event become reportable?

Frequently Asked Questions

Question: If an employee is hospitalized as an in-patient and the only care or treatment provided is from OSHA's "first aid list" (for example if the only treatment is non-prescription medication), does the event become reportable?

Answer:

Yes. A work-related in-patient hospitalization involving any treatment needs to be reported to OSHA. The reporting requirement in the regulatory text of section 1904.39 does not limit care or treatment to "medical treatment beyond first aid."

For more information, explore OSHA's Recordkeeping Requirements.

If my employee spent the night at the hospital, do I have to report an in-patient hospitalization?

Frequently Asked Questions

Question: If my employee spent the night at the hospital, do I have to report an in-patient hospitalization?

Answer:

OSHA defines in-patient hospitalization as a formal admission to the in-patient service of a hospital or clinic for care or treatment. An overnight stay does not determine whether the case is reportable or not.

For more information, explore OSHA's Recordkeeping Requirements.

Who should report a fatality or in-patient hospitalization of a temporary worker?

Frequently Asked Questions

Question: Who should report a fatality or in-patient hospitalization of a temporary worker?

Answer:

Similar to the requirements in section 1904.31 for recording injuries and illnesses, the employer that provides the day-to-day supervision of the worker must report to OSHA any work-related incident resulting in a fatality, in-patient hospitalization, amputation or loss of an eye.

For more information, explore OSHA's Recordkeeping Requirements.