Determining if an employee’s death would be 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.

June 12, 2024

Mr. Mark N Duvall
Beveridge & Diamond, P.C.
1900 N Street, N.W., Suite 100
Washington, DC 20036

Dear Mr. Duvall:

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 death would be considered work-related when involved in a motor vehicle accident.

Determining if injuries or illnesses are work-related as a result of an act of violence

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.

May 17, 2023

Mr. Travis W. Vance
Fisher & Phillips LLP
227 West Trade Street
STE 2020
Charlotte, N.C. 28202

Dear Mr. Vance:

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 as a result of an act of violence.

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 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:

If an employee dies or is injured or infected as a result of terrorist attacks, should it be recorded on the OSHA Injury and Illness Log? Should it be reported to OSHA?

Frequently Asked Questions

Question: If an employee dies or is injured or infected as a result of terrorist attacks, should it be recorded on the OSHA Injury and Illness Log? Should it be reported to OSHA?

Answer:

Yes, injuries and illnesses that result from a terrorist event or exposure in the work environment are considered work-related for OSHA recordkeeping purposes. OSHA does not provide an exclusion for violence-related injury and illness cases, including injuries and illnesses resulting from terrorist attacks. Employers must report to OSHA work-related fatalities within 8 hours and work-related inpatient hospitalizations, amputations and losses of an eye within 24 hours. You can report to OSHA by calling OSHA’s free and confidential number at 1-800-321-OSHA (6742), by calling your closest Area Office during normal business hours, or by using the new online form.

Is work-related stress recordable as a mental illness case?

Frequently Asked Questions

Question: Is work-related stress recordable as a mental illness case?

Answer:

Mental illnesses, such as depression or anxiety disorder, that have work-related stress as a contributing factor, are recordable if the employee voluntarily provides the employer with an opinion from a physician or other licensed health care professional with appropriate training and experience (psychiatrist, psychologist, psychiatric nurse practitioner, etc.) stating that the employee has a mental illness that is work-related, and the case meets one or more of the general recording criteria. See sections 1904.5(b)(2)(ix) and 1904.7.