Is it recordable?
Scenario: Worker is walking from her car toward the building she works in. Let's call the building she works in "Building A". As part of her walking route, the worker chooses to enter another building ("Building B"). Building B is not the building she works in, but it allows her to navigate to Building A with the comfort of being protected from outdoor elements. As she navigates the public space in building B, she trips and falls to the ground injuring her right ankle. The worker continues to work (no days away or job restrictions), but she does seek medical attention beyond first aid (prescribed boot).
Did the employee experience an injury? Yes. Is the injury a new case? Yes. Does the injury meet other general recording criteria? Yes (medical treatment beyond first aid).
There were no defects or hazards on the floor. Root cause of tripping is unknown. My company owns and maintains Building B, but it is not the environment of which she works.
Here's where I get stuck......Is the injury work-related....but more specifically, did this occur in the “work environment”?
I know the burden of proof is on the employer here. Also, this OSHA LOI (
https://www.osha.gov/laws-regs/standardinterpretations/2004-01-13
) clarifies that a level floor can still be considered work-related, so the fact that the floor is level with no hazards is moot. The question seems to hinge on whether the location of her injury was part of her “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…”
So………does Building B meet the requirements of a work environment – therefore making this scenario OSHA recordable? We do have workers in Building B, but this worker works in Building A and could take many other routes to get to Building A without going through Building B. What are your thoughts?
Comments (12)
I say it is work-related since the employee had parked and was walking on the way to her building, even if she took a little detour to get out of the weather elements. I think also, you say " My company owns and maintains Building B, but it is not the environment in which she works." and therefore, means your employer has control over Building B. Weird incident though!
I would say it IS recordable. There are some interpretations related to EEs taking detours during travel and says that if the detour is for personal reasons (e.g., going by Walmart), then it's NOT recordable, so you could flip that interpretation and say that it's a "detour" related to the business since they're doing it to avoid outdoor elements.
Do you consider Building B to be a separate establishment, meaning do you keep a separate OSHA log for that building compared to Building A? If not, then it would all be considered the same work environment, even if its a different building. Incidents that occur on sidewalks and in parking lots (except motor vehicle collisions) are work-related and are a part of the employer's premesis, so I would log it since its all part of the employer's premesis. If you DO keep separate OSHA logs, it would have to go on Building B's OSHA log.
At the end of the day, the employer doesn't direct the employee of HOW to enter the building. It wouldn't be any different than if they entered Building A's back door, side door, etc. if they did it all for the same reason (avoid outdoor elements).
Work place injury - yes. If the route taken is reasonable for them to take, you own it. Previous work comp case involving this topic.
Recordable - no. No mention of the specific injury. Tender, bruised, fractured, broke, twisted? You are at the mercy of the Doctors summary. As written this boot is precautionary. No physical therapy or prescription meds mentioned.
* More info needed on the recordable status as written in my opinion.