OSHA Recordkeeping Handbook - denix

have occurred but for the occupational event orexposure; or (iv) Medical treatment where no medicaltreatment was needed for the injury or illnessbefore the workplace event or exposure, or a changein the course of medical treatment that was beingprovided before the workplace event or exposure.OSHA’s decision not to require the recording of casesinvolving only minor aggravation of preexisting conditionsis consistent with the Agency’s efforts in thisrulemaking to require the recording only of nonminorinjuries and illnesses; for example, the finalrule also no longer requires employers to recordminor illnesses on the Log.Preexisting ConditionsParagraph 1904.5(b)(5) stipulates that pre-existingconditions, for recordkeeping purposes, are conditionsthat resulted solely from a non-work-relatedevent or exposure that occurs outside the employer’swork environment. Pre-existing conditions alsoinclude any injury or illness that the employee experiencedwhile working for another employer.Off Premises Determinations…In the final rule, (paragraph 1904.5(b)(1)) the sameconcept is carried forward in the definition of thework environment, which defines the environment asincluding the establishment and any other locationwhere one or more employees are working or arepresent as a condition of their employment.Thus, when employees are working or conductingother tasks in the interest of their employer but at alocation away from the employer’s establishment,the work-relatedness of an injury or illness that arisesis subject to the same decision making process thatwould occur if the case had occurred at the establishmentitself. The case is work-related if one or moreevents or exposures in the work environment eithercaused or contributed to the resulting condition orsignificantly aggravated a pre-existing condition, asstated in paragraph 1904.5(a). In addition, the exceptionsfor determining work relationship at paragraph1904.5(b)(2) and the requirements at paragraph1904.5(b)(3) apply equally to cases that occur at oraway from the establishment.As an example, the work-environment presumptionclearly applies to the case of a delivery driverwho experiences an injury to his or her back whileloading boxes and transporting them into a building.The worker is engaged in a work activity and theinjury resulted from an event--loading/unloading--occurring in the work environment. Similarly, if anemployee is injured in an automobile accident whilerunning errands for the company or traveling tomake a speech on behalf of the company, theemployee is present at the scene as a condition ofemployment, and any resulting injury would bework-related.Employees on Travel StatusThe final rule continues (at Section 1904.5(b)(6))OSHA’s longstanding practice of treating injuries andillnesses that occur to an employee on travel statusas work-related if, at the time of the injury or illness,the employee was engaged in work activities “in theinterest of the employer.” Examples of such activitiesinclude travel to and from customer contacts,conducting job tasks, and entertaining or being entertainedif the activity is conducted at the direction ofthe employer.The final rule contains three exceptions for travelstatussituations. The rule describes situations inwhich injuries or illnesses sustained by travelingemployees are not considered work-related for OSHArecordkeeping purposes and therefore do not have tobe recorded on the OSHA 300 Log. First, when a travelingemployee checks into a hotel, motel, or othertemporary residence, he or she is considered to haveestablished a “home away from home.” At this time,the status of the employee is the same as that of anemployee working at an establishment who leaveswork and is essentially “at home.” Injuries and illnessesthat occur at home are generally not consideredwork related. However, just as an employer maysometimes be required to record an injury or illnessoccurring to an employee working in his or herhome, the employer is required to record an injury orillness occurring to an employee who is working inhis or her hotel room (see the discussion of workingat home, below).Second, if an employee has established a “homeaway from home” and is reporting to a fixed worksiteeach day, the employer does not considerinjuries or illnesses work-related if they occur whilethe employee is commuting between the temporaryresidence and the job location. These cases are parallelto those involving employees commuting to andfrom work when they are at their home location, anddo not have to be recorded, just as injuries and illnessesthat occur during normal commuting are notrequired to be recorded.Third, the employer is not required to consider aninjury or illness to be work-related if it occurs whilethe employee is on a personal detour from the routeof business travel. This exception allows the employerto exclude injuries and illnesses that occur when§1904.5OSHA RECORDKEEPINGHANDBOOK23