OSHA releases interpretation letter clarifying the recordkeeping and reporting exemption for personal tasks occurring in the work environment [US]

In a standard interpretation letter dated November 6, 2015, the Occupational Safety and Health Administration (OSHA) addressed the extent of the exemption to work-relatedness involving personal tasks performed in the work environment.

In the situation detailed in the interpretation letter, an employee brought a personal plow to work in his truck, intending to loan the plow to a co-worker. After the employees have clocked out of work, they attempt to move the plow from one truck to another. One employee injures his back while moving the plow. The inquirer was concerned that OSHA’s Frequently Asked Question (FAQ) 5-11 implied that an injury resulting from a personal task occurring on the work site, after working hours is a recordable incident. FAQ 5-11 states:

“An employee experienced an injury or illness in the work environment before they had “clocked-in” for the day. Is the case considered work-related?

Yes. For purposes of OSHA recordkeeping injuries and illnesses occurring in the work environment are considered work-related. Punching in and out with a time clock (or signing in and out) does not affect the outcome for determining work-relatedness. If the employee experienced a work-related injury or illness, and it meets one or more of the general recording criteria under section 1904.7, it must be entered on the employer’s OSHA 300 log.”

However, FAQ 5-11 only applies to injuries or illnesses that do not involve purely personal tasks. Because the injury resulting from moving the plow was a personal task that occurred after hours, the incident is not recordable. Employers need not record injuries or illnesses that occur on the work site, before or after an employee clocks in, if the employee was engaged in a purely personal task.

Red-on-line EHS Legalist

Sources:

OSHA, Standard Interpretation, “Clarification on the work-related exemption involving personal tasks outside the assigned working hours,” November 6, 2015

Recordkeeping and Reporting, 29 CFR Part 1904

Our EHS experts are at your disposal and will be happy to answer your questions.

We invite you to subscribe to our newsletter.