A. Based on the OSHA excerpt from a letter of interpretation below, this case appears to be an OSHA recordable.
An employee must report to work by 8:00 a.m. The employee drove into the company parking lot at 7:30 a.m. and parked the car. The employee exited the car and proceeded to the office to report to work. The parking lot and sidewalks are privately owned by the facility and both are within the property line, but not the controlled access points (i.e., fence, guards). The employee stepped onto the sidewalk and slipped on the snow and ice. The employee suffered a back injury and missed multiple days of work. The company believes that the employee was still in the process of the commute to work since the employee had not yet checked in at the office. Since a work task was not being performed, the site personnel deemed the incident not work-related and therefore not recordable.
Great news! BLR's renowned Safety.BLR.com website now has even more time-saving features. Take our no-cost site tour! Or better yet, try it at no cost or obligation for a full 2 weeks.
Response: Company parking lots and sidewalks are part of the employer's establishment for recordkeeping purposes. Here, the employee slipped on an icy sidewalk while walking to the office to report for work. In addition, the event or exposure that occurred does not meet any of the work-related exceptions contained in 1904.5(b)(2). The employee was on the sidewalk because of work; therefore, the case is work-related regardless of the fact that he had not actually checked in.
Q. If there is an employee exposure to a possible infectious disease that is not a needle stick/sharp injury, and the employer treats the employee prophylactically with an antibiotic, is it recordable if the employee never develops the disease?
A. The following is from an OSHA letter of interpretation:
If the antibiotic was a prescription medication, the case is recordable regardless of whether the medication was given solely as a preventive measure. In the preamble to the final recordkeeping rule, OSHA specifically addressed the use of prescription antibiotics for prophylactic reasons. The agency concluded that all prescription medications should be considered medical treatment because they are powerful substances that can only be prescribed by a licensed health care professional.
Your one-stop safety management resource, available 24/7. Go here to take a no-cost site tour or here to try it in your own office!
Whether it's questions about OSHA requirements like recordkeeping or some other vital safety and health issue, you'll find it all reported and interpreted for you by our safety experts at Safety.BLR.com.
What's more, this one-stop safety website is a fantastic resource for safety training materials on just about any topic you can imagine.
Training responsibilities become a snap with the website's thousands of audio presentations, PowerPoints, prewritten safety meetings, toolbox talks, trainer's guides, and much, much more. You'll find training tools on more than 120 safety topics along with plain-English compliance analysis and other resources.
At a time when budget considerations are paramount, what makes more sense than an all-in-one safety training and compliance solution?
And BLR has revamped Safety.BLR.com to meet your needs even better. You'll be amazed by all the features and functionality of the site. Highlights include:
We're pretty excited about Safety.BLR.com and all of its enhancements, and we’re eager for you to experience it, too. That's why we've created a complimentary site tour, available here. It takes just 5 minutes.
If you like what you see, you're invited to try the site at no cost and with no obligation. We'll even give you a complimentary special report for doing so.
Go here to take a 5-minute tour of Safety.BLR.com. It may be just what you're looking for.
More Articles on Injuries and Illness
Copyright © 2013 BLR Business & Legal Reports Reproduction in whole or in part without permission is prohibited.