§ 1904.5 Determination of work-relatedness.
(a) Basic requirement. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in § 1904.5(b)(2) specifically applies.
(1) What is the “work environment”? OSHA defines the work environment as “the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work.”
(2) Are there situations where an injury or illness occurs in the work environment and is not considered work-related? Yes, an injury or illness occurring in the work environment that falls under one of the following exceptions is not work-related, and therefore is not recordable.
|1904.5(b)(2)||You are not required to record injuries and illnesses if . . .|
|(i)||At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee.|
|(ii)||The injury or illness involves signs or symptoms that surface at work but result solely from a non-work-related event or exposure that occurs outside the work environment.|
|(iii)||The injury or illness results solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity such as blood donation, physical examination, flu shot, exercise class, racquetball, or baseball.|
|(iv)||The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption (whether bought on the employer's premises or brought in). For example, if the employee is injured by choking on a sandwich while in the employer's establishment, the case would not be considered work-related.|
|(v)||The injury or illness is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee's assigned working hours.|
|(vi)||The injury or illness is solely the result of personal grooming, self medication for a non-work-related condition, or is intentionally self-inflicted.|
|(vii)||The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work.|
|(viii)||The illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are considered work-related if the employee is infected at work).|
|(ix)||The illness is a mental illness. Mental illness will not be considered work-related unless 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.|
(3) How do I handle a case if it is not obvious whether the precipitating event or exposure occurred in the work environment or occurred away from work? In these situations, you must evaluate the employee's work duties and environment to decide whether or not one or more events or exposures in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing condition.
(4) How do I know if an event or exposure in the work environment “significantly aggravated” a preexisting injury or illness? A preexisting injury or illness has been significantly aggravated, for purposes of OSHA injury and illness recordkeeping, when an event or exposure in the work environment results in any of the following:
(i) Death, provided that the preexisting injury or illness would likely not have resulted in death but for the occupational event or exposure.
(ii) Loss of consciousness, provided that the preexisting injury or illness would likely not have resulted in loss of consciousness but for the occupational event or exposure.
(iii) One or more days away from work, or days of restricted work, or days of job transfer that otherwise would not have occurred but for the occupational event or exposure.
(iv) Medical treatment in a case where no medical treatment was needed for the injury or illness before the workplace event or exposure, or a change in medical treatment was necessitated by the workplace event or exposure.
(5) Which injuries and illnesses are considered pre-existing conditions? An injury or illness is a preexisting condition if it resulted solely from a non-work-related event or exposure that occured outside the work environment.
(6) How do I decide whether an injury or illness is work-related if the employee is on travel status at the time the injury or illness occurs? Injuries and illnesses that occur while an employee is on travel status are work-related if, at the time of the injury or illness, the employee was engaged in work activities “in the interest of the employer.” Examples of such activities include travel to and from customer contacts, conducting job tasks, and entertaining or being entertained to transact, discuss, or promote business (work-related entertainment includes only entertainment activities being engaged in at the direction of the employer).
Injuries or illnesses that occur when the employee is on travel status do not have to be recorded if they meet one of the exceptions listed below.
|1904.5 (b)(6)||If the employee has . . .||You may use the following to determine if an injury or illness is work-related|
|(i)||checked into a hotel or motel for one or more days||When a traveling employee checks into a hotel, motel, or into an other temporary residence, he or she establishes a “home away from home.” You must evaluate the employee's activities after he or she checks into the hotel, motel, or other temporary residence for their work-relatedness in the same manner as you evaluate the activities of a non-traveling employee. When the employee checks into the temporary residence, he or she is considered to have left the work environment. When the employee begins work each day, he or she re-enters the work environment. If the employee has established a “home away from home” and is reporting to a fixed worksite each day, you also do not consider injuries or illnesses work-related if they occur while the employee is commuting between the temporary residence and the job location.|
|(ii)||taken a detour for personal reasons||Injuries or illnesses are not considered work-related if they occur while the employee is on a personal detour from a reasonably direct route of travel (|
(7) How do I decide if a case is work-related when the employee is working at home? Injuries and illnesses that occur while an employee is working at home, including work in a home office, will be considered work-related if the injury or illness occurs while the employee is performing work for pay or compensation in the home, and the injury or illness is directly related to the performance of work rather than to the general home environment or setting. For example, if an employee drops a box of work documents and injures his or her foot, the case is considered work-related. If an employee's fingernail is punctured by a needle from a sewing machine used to perform garment work at home, becomes infected and requires medical treatment, the injury is considered work-related. If an employee is injured because he or she trips on the family dog while rushing to answer a work phone call, the case is not considered work-related. If an employee working at home is electrocuted because of faulty home wiring, the injury is not considered work-related.
§ 1904.5 Determination of work-relatedness. (a) Basic requirement. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.What is OSHA presumption of work-relatedness? ›
A case is presumed work-related if, and only if, an event or exposure in the work environment is a discernible cause of the injury or illness or of a significant aggravation to a pre-existing condition.What regulation provides guidance on the determination of a work-relatedness of an injury? ›
Response 1: OSHA's recordkeeping regulation at 29 CFR 1904.5(a) provides that an injury or illness must be considered work-related if an event or exposure in the work environment caused or contributed to the injury or illness or significantly aggravated a pre-existing injury or illness.How does OSHA define work related? ›
Work relationship is established under the OSHA recordkeeping system when an injury or illness results from an event or exposure in the work environment. The general rule is that all injuries and illnesses which result from events or exposures on the employer's premises are presumed to be work related.What does work related mean? ›
/ˈwɜːk.rɪˌleɪ.tɪd/ connected with someone's job or with paid work in general: Many people suffer from work-related stress.What is the test to determine the existence of an employer employee relationship? ›
The common law control test is the basic test, using the common law rules, for determining whether a relationship exists between the worker and the person or firm that they work for. Under the common-law test, the employer has the right to tell the employee what to do, how, when, and where to do the job.What are the two general criteria typically used when determining the status of a worker as an employee or as an independent contractor? ›
The IRS had in the past used a 20-factor test to determine whether a worker was an employee or a contractor. However, the organization has since moved away from that test and now looks at just three broad factors—behavioral control, financial control, and the relationship of the parties.What is OSHA Regulation 29 CFR 1904 to determine work relatedness of illnesses? ›
§ 1904.5 Determination of work-relatedness. (a) Basic requirement. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.What is the 29 CFR 1904 requirement? ›
§ 1904.0 Purpose.
The purpose of this rule (part 1904) is to require employers to record and report work-related fatalities, injuries, and illnesses.
Occupational Safety and Health Administration. 29 CFR Part 1904 OSHA Recordkeeping Regulation applies only within the jurisdictional boundaries of the United States and certain locations listed in OSHAct Sec. 4(a).
Occupational Safety and Health Administration.Is walking a work-related injury? ›
Under OSHA's recordkeeping system, normal body movements in the work environment, such as walking, bending down or sneezing, are "events" which trigger the presumption for work-relatedness if they are a discernible cause of an injury.What is the difference between occupational disease and work-related disease? ›
The definition of an occupational disease is not purely medical but also has a legal dimension. A work-related disease is one the cause of which can be linked to the afflicted individual's work.What are examples of work related? ›
"Work-related activities" include activities that are not obviously work but are done as part of one's job, such as having a business lunch or playing golf with clients. Activities are identified as done as part of the job by the respondent during the interview.What activities are work related? ›
Work-related activities means any type of activity directly related to the job which an employee participates in such as staff meetings and training days.What are the 4 elements of the employer-employee relationship? ›
In determining the existence of employer-employee relationship, the elements that are generally considered comprises the so-called "four fold test" namely: (a) the selection and engagement of the employee; (b) the payment of wages; (c) the power of dismissal; and (d) the employer's power to control the employee with ...What are the three tests to determine if someone is an employee? ›
There are three different tests commonly used to determine if a worker is an employee or independent contractor: The common law agency test. The economic realities test. The IRS 20-factor analysis.Why is it important to determine whether an employee employer relationship exists? ›
Determining employer-employee relations is an important part of business, not only because it determines the obligations and duties of both the employer and the employee but also because the existence of such relationship vests an employee with certain rights.What are the four 4 factors used to determine whether someone is an independent contractor? ›
The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place ...What is the 20 rule test for determining worker status? ›
What is the IRS 20-Factor Test? The IRS 20-Factor Test, commonly referred to as the “Right-to-Control Test,” is designed to evaluate who controls how the work is performed. According to the IRS's Common-Law Rules, a worker's status corresponds to the level of control and independence they have over their work.
What is the most important question to consider when determining whether a person is an employee or an independent contractor? ›
The basic test for determining whether a worker is an independent contractor or an employee is whether the principal has the right to control the manner and means by which the work is performed.What is considered a work-related event? ›
OSHA definition of work-relatedness. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.Which OSHA document must be made available to all employees that tells about all work-related injuries? ›
The employer is required to record on the OSHA 300 Log the recordable injuries and illnesses for all employees on its payroll, including hourly, salaried, executive, part-time, seasonal, or migrant workers.What is a work-related illness? ›
A 'work-related disease' is any illness caused or made worse by workplace factors. This includes many diseases that have more complex causes, involving a combination of occupational and non-work-related factors.What forms does OSHA require for read 1904? ›
You must use OSHA 300, 300-A, and 301 forms, or equivalent forms, for recordable injuries and illnesses. The OSHA 300 form is called the Log of Work-Related Injuries and Illnesses, the 300-A is the Summary of Work-Related Injuries and Illnesses, and the OSHA 301 form is called the Injury and Illness Incident Report.What specific OSHA standard in 29 CFR 1904 states you have 8 hours to report a fatality or catastrophe? ›
You must also report any work-related fatality to OSHA within eight (8) hours, as required by § 1904.39.What is OSHA Regulation 29 CFR? ›
Part 1991 - Procedures For The Handling Of Retaliation Complaints Under The Criminal Antitrust Anti-retaliation Act (CAARA).What does 29 CFR cover? ›
To assist the employer in identifying which General Industry Standards apply to them, questions regarding the subparts and subsequent standards are provided to help the employer identify which are applicable to them.What are the 3 classifications of OSHA recordable injuries? ›
- Any work-related fatality.
- Any work-related injury or illness that results in loss of consciousness, days away from work, restricted work, or transfer to another job.
- Any work-related injury or illness requiring medical treatment beyond first aid.
OSHA 1910 vs OSHA 1926
To put it simply, the OSHA 29 CFR 1910 regulations detail general industry safety regulations and apply to most worksites. Alternately, the OSHA 29 CFR 1926 standards focus on the construction industry, and identify the specific work-related risks associated with it.
A case is presumed work-related if, and only if, an event or exposure in the work environment is a discernible cause of the injury or illness or of a significant aggravation to a pre-existing condition.What is not a work related injury? ›
For example, if an employee cuts themselves while shaving before their shift begins, this is considered a non-work-related injury. The same applies if they injure themselves while trimming their nails during their lunch break – it would not be considered work related.What regulation provides guidance on the determination of a work relatedness of an injury? ›
Response 1: OSHA's recordkeeping regulation at 29 CFR 1904.5(a) provides that an injury or illness must be considered work-related if an event or exposure in the work environment caused or contributed to the injury or illness or significantly aggravated a pre-existing injury or illness.How does OSHA define a work related injury? ›
The general rule is that all injuries and illnesses which result from events or exposures on the employer's premises are presumed to be work related. Furthermore, if it seems likely that an event or exposure in the work environment either caused or contributed to the case, the case is considered work related.What is an example of work related injury? ›
Types of work-related injuries
wounds and cuts. burns. fractures. psychological injuries.
Stress can be considered a work-related injury when its mental impact can be defined as a psychological injury or illness caused by one or more substantial sources of stress at a person's work or by one or more work-related traumatic events.What are the 5 types of occupational disease? ›
- Dermatitis. ...
- Respiratory illnesses. ...
- Musculoskeletal disorders (MSDs). ...
- Hearing loss. ...
- Cancer. ...
- Stress and mental health disorders. ...
- Infectious diseases.
According to the Centers for Disease Control and Prevention (CDC), hearing loss is the most common occupational disease in the United States.What are the four categories of occupational diseases? ›
Occupational health problems are injuries, illnesses, and accidents occurring at work. Occupational health programs help eliminate or reduce these problems by identifying four types of workplace hazards. These are physical, ergonomic, chemical, and biological hazards.What are the common causes of work related? ›
- Long hours.
- Heavy workload.
- Changes within the organisation.
- Tight deadlines.
- Changes to duties.
- Job insecurity.
- Lack of autonomy.
- Boring work.
- Communication. Depending on the job, communication means being clear about what you mean and what you want to achieve when you talk or write. ...
- Teamwork. ...
- Problem solving. ...
- Initiative and enterprise. ...
- Planning and organising. ...
- Self-management. ...
- Learning. ...
Work decisions are directions that are issued in a professional role.What are work related references? ›
References are people who can talk about your work experience, work habits, character and skills. You should choose your references carefully. As part of the job search process, you may be asked to provide the names of people whom a potential employer can contact to find out more about you.What is work related characteristics? ›
Employees who take responsibility for their actions, are dependable, arrive on time, do what they say, and don't let the others in their team down, are highly valued employees.What does an example for activities include? ›
According to Common App, “activities may include arts, athletics, clubs, employment, personal commitments, and other pursuits.” In other words, pretty much anything pursued outside the classroom qualifies as an activity.What is Rule 1070 of the OSH standard about? ›
1071: General Provisions: (1) This rule establishes threshold limit values for toxic and carcinogenic substances and physical agents, which may be present in the atmosphere of the work environment.Which OSHA document must be made available to all employees that tells about all work related injuries? ›
The employer is required to record on the OSHA 300 Log the recordable injuries and illnesses for all employees on its payroll, including hourly, salaried, executive, part-time, seasonal, or migrant workers.What conditions must be met before an employee can refuse to work based on OSHA? ›
Your right to refuse to do a task is protected if all of the following conditions are met: Where possible, you have asked the employer to eliminate the danger, and the employer failed to do so; and. You refused to work in "good faith." This means that you must genuinely believe that an imminent danger exists; and.What is reasonable justification for taking employment related action? ›
Reasonable justification for taking employment-related action. Requirement that the employer use a fair process to determine employee wrongduing and that the employee have an opportunity to explain and defend his or her actions. Perceived fairness in the distribution of outcomes.
These standards limit the amount of hazardous chemicals workers can be exposed to, require the use of certain safe practices and equipment, and require employers to monitor certain workplace hazards.What is Section 6 of the OSH Act? ›
Section 6 of the Occupational Safety and Health Act of 1970 (OSH Act) grants the Occupational Safety and Health Administration (OSHA) of the Department of Labor the authority to promulgate, modify, or revoke occupational safety and health standards that apply to private sector employers, the United States Postal ...What is Section 19 of the OSH Act? ›
Section 19 of the OSH Act makes federal agency heads responsible for providing safety and healthful working conditions. Although OSHA does not fine federal agencies, it does monitor them and conducts inspections in response to workers' reports of hazards.What are the four elements that an OSHA compliance officer has to prove in order to issue a citation? ›
- The employer failed to keep the workplace free of a hazard to which employees of that employer were exposed;
- The hazard was recognized;
- The hazard was causing or was likely to cause death orserious physical harm; and.
Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act. Examine workplace conditions to make sure they conform to applicable OSHA standards. Make sure employees have and use safe tools and equipment and properly maintain this equipment.What are at least four employer responsibilities required by the OSHA standards? ›
Keep accurate records of work-related injuries and illnesses. Perform tests in the workplace, such as air sampling, required by some OSHA standards. Provide required personal protective equipment at no cost to workers. Provide hearing exams or other medical tests required by OSHA standards.What is the most violated OSHA regulation under the compliance requirement? ›
Most frequently violated standards
Fall Protection, construction (29 CFR 1926.501) [related safety resources] Respiratory Protection, general industry (29 CFR 1910.134) [related safety resources] Ladders, construction (29 CFR 1926.1053) [related safety resources]
- Overtime. ...
- Lack of Proper Personal Protective Equipment (PPE) ...
- Unqualified Personnels Working with Dangerous Tools. ...
- Poor Lighting Conditions. ...
- Improper Workstation Layout. ...
- Ignoring Safety Symbols or Signs. ...
- Poorly Maintained Equipment.
WILLFUL: A willful violation is defined as a violation in which the employer either knowingly failed to comply with a legal requirement (purposeful disregard) or acted with plain indifference to employee safety.What is an adverse action taken by an employer against an employee? ›
California law states that an adverse employment action is anything the employer does that “materially and adversely affected the terms, conditions or privileges” of a worker's employment. The most serious adverse employment actions are firing the employee, or refusing to hire an applicant.
Punitive, employment-related consequences for the victim are known as tangible job detriment. Tangible job detriment might take the form of being involuntarily reassigned, getting passed over for promotion, receiving a significant reduction in benefits, being demoted, or even being terminated.What is any such adverse action taken by an employer against an employee is also known as? ›
What is retaliation? Retaliation occurs when an employer (through a manager, supervisor, administrator or directly) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity.