I feel that if an employee is exercising or using the gym equipment as part of a company program or through job tasks given by a supervisor the employer could be liable. When I worked out at my company's gym I had to sign a waiver stating liability would be on me if I were to get hurt. So depending on the situation, yes there could be worker's comp or some form of monetary damage. I can see one situation where the waiver wouldn't cover the employer is if the machine equipment is damaged and they didn't take it out of service.

It would not be a recordable incident if they were not on-duty (in performance of their duties); however, employers may be held liable for damages if there was a hazard or unsafe situation that should have been addressed. In government, it’s a little more straight forward (i.e., it occurred on government property), but in private sector there could be other factors, such as whether the employee signed a waiver.

A really good topic for the “is it recordable” discussion is when it comes to telework from a home office.

Best practice is to have employees sign a waiver if you have a company gym. Have an attorney throw something together and it takes all of the liability out of it.

Great question! Would love to hear from persons with workers comp experience; however, I would think that this typically would not result in a recordable injury unless it was part of work duty. Most companies I know of will require a waiver for the gym which also includes a clause that you cannot take company calls or do business activities in the gym.

We had to sign a waiver for the gym and courts at a former employer. No injuries I can remember for the gym, but there were injuries during basketball games. A sprain, and I’m pretty sure a broken something. Can’t remember exactly what, but they were told to knock off the roughness or basketball was going to end. Supervisors were involved in those games (and were some of the ruffians). Go figure.

1904.5(b)(2)(iii)You are not required to record injuries and illnesses if . . .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.

I always preach against setting up a gym at work.
This completely eliminates the risk, hazard, and potential liability.
Especially now with all of the CDC and COVID considerations.
There are to many local gyms that would love to partner with your Wellness initiatives and usually provide a discounted rate. Utilizing a local gym provides more equipment, activities, and in some cases help with nutritional goals.

If you want to make it a win win situation collaborate with marketing for branded work out clothing so that when employees do take advantage of the wellness program they are representing, advertising, and networking the business.

The one company that had a gym on premise required that the gym not be used during work hours. The employees were the ones who set up and maintained the equipment, the company only supplied the space that was used. Employees signed a contract stipulating uses of the the gym and also paid for the upkeep and maintenance of the equipment. This would keep responsibilities of the company limited.