Crossing the street-recordable?
Hypothetical scenario here. The company has a business campus that spans multiple public roadways. The employee goes to get coffee on a break at a coffee shop across the street. The employee is struck by a car in the crosswalk on their way back to work. The pedestrian had the right of way. Is this work related under OSHA recording criteria? Would the determination be any different if the employee did not have the right of way?
Comments (8)
One factor may be wether he was on a paid or unpaid break.
I have read a case study before that an employee was driving to a job hours from her home. During her drive, she was killed in a vehicle accident and the employer had to claim the fatality.
Not sure if this matters, but was it a public walkway? Also, was it technically on company property? Good question, definitely stumped me
If it is a paid break where the employee is performing work related tasks (running an errand for example), it is recordable/reportable. If it is a paid or unpaid break where the employee is not performing a work related task, it would not be recordable or reportable.
recordable
lunchbreaks are considered work hours
Letters of interpretation are my go to tools
they give you an interpretation along with an explanation and the pertaining rule or standard
https://www.osha.gov/laws-regs/standardinterpretations/2010-11-15