The WorkCare team recently hosted a well-attended, informational webinar with our friends from Ogletree Deakins to discuss all things related to OSHA recordkeeping. In this session, our experts provided valuable insights into OSHA compliance and best practices for effective workplace health and safety recordkeeping. 

Key Takeaways: 

• Clarifying Recordable vs. Reportable Incidents – We explored the fundamental differences between OSHA recordable and reportable incidents, outlining when and how each must be documented. 

• Real-Life Scenarios & Best Practices – Attendees engaged in discussions around complex workplace incidents, learning how to accurately determine reportability and recordability while avoiding common pitfalls. 

• Ensuring Compliance Through Accurate Documentation – We reviewed OSHA’s recordkeeping requirements, emphasizing the importance of precise documentation to mitigate risks and ensure regulatory compliance. 

As a follow-up to the webinar, we’ve provided answers to questions raised during and after the session. We hope you’ll find these useful.  

If you missed the webinar, we invite you to watch it on-demand in its entirety at your leisure. 

Webinar Q+A: 

Do athletic trainers (ATs) have a large presence in the workers’ compensation field? Should providers be referring to physical therapists or ATs for care after an injury? 

The use of athletic trainers continues to gain popularity in the U.S. as a proactive, cost-effective way to prevent and manage workers’ compensation cases. WorkCare’s Industrial Athlete Program team includes certified athletic trainers who are Injury Prevention Specialists focused on managing work-related musculoskeletal cases at a first-aid level. While physical therapy may be classified as a recordable treatment, first-aid level care is not recordable. However, referral to an AT or PT may be recordable under certain circumstances. OSHA states: “If an employee exhibits symptoms of a work-related injury or illness, the recommendation to conduct exercise/stretching, either at work or at home, to treat a work-related injury or illness makes the case recordable regardless of the professional status of the person making the recommendation.” 

Can you clarify the recordability of vehicle incidents and injuries that occur while an employee is driving for work? 

Recordability depends on the circumstances of the incident. If an employee is operating a company vehicle while performing work duties, such as traveling between job sites, a motor vehicle accident (MVA) would likely be considered work-related. However, if the employee is commuting to or from work in a company vehicle they are permitted to keep at home, the situation becomes less clear. Additionally, state workers’ compensation laws may impact the determination, so it’s important to review specific regulations when assessing recordability. 

If an employee reports an injury but there is no identifiable event that caused it, is the employer required to assume it is work-related? If there is no evidence of an incident outside the workplace, does it still need to be recorded as work-related? 

Before recording the injury, a medical evaluation should be conducted to assess work-relatedness. If there is no clear mechanism of injury, work-relatedness may be in question. In occupational medicine, this scenario is a red flag; further investigation may be needed. A thorough clinician will evaluate the employee’s job duties, discuss any activities outside of work, and compare clinical findings to determine whether the injury should be classified as work-related. See Compliance Reference. 

If an employee independently purchases and uses a rigid splint without a healthcare provider’s recommendation, does this make the injury recordable? 

For OSHA recordkeeping purposes, rigid splints that immobilize body parts are classified as medical treatment beyond first aid. However, OSHA generally does not consider self-treatment or self-medication by an employee to constitute medical treatment. For an injury to be recordable, the treatment must be directed by the employer or a healthcare professional. To avoid any misinterpretation, employers should refrain from providing wrist braces or similar devices. Additionally, when triaging employees, it’s important not to inadvertently condone the use of a rigid brace, as this could be misconstrued as a medical recommendation. 

What does it mean to be “in the work environment as a member of the public?” Would traveling on a commercial flight for work fall under this category? 

If an employee is on a required work trip and sustains an injury, such as straining their back while lifting their luggage into the overhead bin, the injury would likely be considered work-related because the employee is traveling for work, not for personal reasons.  This scenario does not fall under OSHA’s exception for injuries occurring “as a member of the public.”

However, if an employee is engaging in personal activities within the workplace, such as playing basketball in the company gym outside of an official team-building exercise, they would be considered “in the work environment as a member of the public,” meaning any injury incurred may not be considered work-related. 

What happens when a workers’ compensation review determines an incident is not work related? 

If a review concludes that an incident is not work-related, it should simply be removed from the OSHA log, and no further action is required

Why is a laceration resulting in a tetanus vaccine not considered recordable but an animal bite resulting in a rabies vaccine or a tick bite resulting in a prophylactic antibiotic are considered recordable? 

OSHA considers tetanus vaccines as a preventive measure intended to reduce the risk of infection rather than to treat an existing condition. In contrast, treatment following an animal bite —such as immunoglobulin therapy and a rabies vaccine —is considered medical treatment due to the potential severity of rabies. Similarly, any prescription medication, such as antibiotics given after a tick bite, qualifies as medical treatment, making it recordable. However, if a veterinarian is required to receive a rabies vaccine as a preventive measure before potential exposure, it is not recordable. 

If an employee calls 911 for himself and the ambulance takes him to the hospital as a precaution, do we need to report? 

It depends on the reason for the hospital visit. If the employee is being transported due to a work-related injury, such as a crushed hand, reporting may be required. However, if the visit is for a personal medical condition, such as chest pain related to pre-existing heart disease and not caused by a workplace incident, reporting is generally not necessary. 

Would it be a recordable incident in this scenario involving a “minor” injury? An employee bumps a knee but feels fine and continues working without reporting it to their supervisor. The employee develops knee pain, seeks treatment days later, and is put on restricted duty or given time off from work.

Many injuries may seem minor at first but can worsen over time. For example, shoveling snow may not feel problematic in the moment, but stiffness and pain can increase overnight as the body cools down and rests. Employees are encouraged to report incidents, even those that seem minor, as soon as possible to ensure appropriate care. While a hospital visit may not always be necessary, and since emergency rooms often place employees on work restrictions automatically seeking treatment at a local clinic might be more appropriate in some cases. It would be considered recordable if the employee is officially taken off work due to the injury.

Additional General OSHA Recordkeeping Q+A 

How does OSHA classify mental health conditions, such as work-related stress or post-traumatic stress disorder (PTSD) in recordkeeping requirements?

Context: OSHA typically requires recording of physical injuries and illnesses, but work-related mental health conditions can be recordable under certain circumstances. 

Compliance Reference: According to 29 CFR 1904.5, an illness is recordable if it is work-related, results in days away from work, restricted duty, or medical treatment beyond first aid. However, mental illnesses, including PTSD, must be diagnosed by a licensed healthcare professional and determined to be work-related for OSHA recordability. 

Example: If an employee is diagnosed with PTSD after witnessing a workplace fatality and a physician attributes it to the event, it could be recordable. 

If an employee suffers an injury at a company-sponsored event like a team-building activity or tradeshow, is it considered recordable?

Context: Work-sponsored events blur the line between work-related and non-work-related activities. 

Compliance Reference: Per 29 CFR 1904.5(b)(2)(iii), an injury occurring during a company-sponsored social or recreational event is not work-related if the employee is there voluntarily and not performing work-related duties. 

Example: If an employee sprains an ankle while voluntarily playing in a company softball game, it is not recordable. However, if they are required to participate, or the injury occurs during a work presentation at the event, it could be recordable. 

Are injuries sustained during an employee’s break, lunch, or while commuting on company property recordable? 

Context: Employees often get injured while walking to their cars, using company break areas, or commuting on work property. 

Compliance Reference: If an injury occurs in a company-controlled break area or cafeteria, it is recordable (1904.5(b)(1)). If an injury occurs in the company parking lot while commuting to or from work, it is not recordable (1904.5(b)(2)(vii)). 

Example: If an employee slips on ice inside the building’s break room, it is recordable. If they slip in the parking lot on their way to work, it is not recordable. 

How should near-miss incidents be documented? Do they ever factor into OSHA recordkeeping requirements?

Context: Near misses are not recordable but are essential to address for safety reasons. 

Compliance Reference: OSHA does not require near-miss reporting under 29 CFR 1904, but 29 CFR 1910.119(h)(6), but it encourages documenting and investigating near-misses. 

Example: When a worker nearly falls from scaffolding it is not recordable but should be documented for hazard mitigation. 

If an employee experiences a delayed onset injury (e.g., back pain weeks after lifting a heavy object), when does the OSHA recordability clock start?

Context: Some injuries don’t immediately show symptoms. 

Compliance Reference: Per 1904.5(b)(3), the injury becomes recordable when a licensed medical professional diagnoses it as work-related and results in treatment beyond first aid, restricted work, or lost time. 

Example: An employee who lifts heavy boxes and reports back pain a week later is recordable only if medical treatment beyond first aid or lost work time occurs. 

How do recordkeeping rules apply to temporary workers or contractors? Who is responsible for maintaining their records, the host employer or staffing agency?

Context: Responsibility depends on who directly supervises the worker. 

Compliance Reference: Per OSHA’s Temporary Worker Initiative (TWI), the host employer is responsible for recordkeeping if they control the worker’s day-to-day activities (29 CFR 1904.31). 

Example: If a temp worker under an employer’s supervision gets injured, the employer must record it, not the staffing agency. 

Are adverse reactions to flu shots or other vaccinations provided at work covered under OSHA’s recordkeeping requirements? 

Context: Employees sometimes experience reactions to employer-provided flu shots. 

Compliance Reference: Per 1904.5(b)(2)(iii), an adverse reaction to a voluntary flu shot is not recordable, but if the vaccine is mandatory, it is recordable. 

Example: If an employer requires flu shots and an employee suffers an allergic reaction requiring medical treatment, it must be recorded. 

If an injured worker seeks medical care but later declines treatment, is the incident still recordable?

Context: Employees sometimes refuse treatment for personal reasons. 

Compliance Reference: Per 1904.7, if a healthcare provider recommends medical treatment beyond first aid, work restrictions, or lost time, the case is recordable—even if the worker refuses treatment. 

Example: Declining care does not change whether a case is reportable or recordable. Obviously, without care the employee will not receive a prescription, restrictions, or medical treatment. For example, if an employee has an incident for which they initially seek medical care, then decides to forego a clinic visit but instead goes to a pharmacy and gets a rigid brace, that’s still recordable. In another example, if an employee loses consciousness buts feel fine afterward, it’s still recordable.
 

How should safety managers document workplace violence incidents, including those involving third parties or customers?

Context: Workplace violence is a growing safety concern. 

Compliance Reference: Per OSHA’s General Duty Clause (Section 5(a)(1)), employers must provide a safe workplace. Under 29 CFR 1904.5, injuries caused by workplace violence must be recorded if they meet general recording criteria (e.g., medical treatment beyond first aid). 

Example: If a customer assaults an employee, leading to hospitalization, this must be recorded. 

Does OSHA consider injuries caused by an employee’s pre-existing medical condition (e.g., seizure, heart attack) recordable if it occurs in the workplace?

Context: Some medical events happen at work but are unrelated to work. 

Compliance Reference: Per 1904.5(b)(2)(ii), an injury or illness is not recordable if it results solely from a pre-existing condition and is not aggravated by work. 

Example: If an employee has a heart attack at their desk with no workplace-related cause, it is not recordable. If a pre-existing condition is aggravated by work (e.g., asthma triggered by workplace fumes), it is recordable. 

Wrap-up: 

Maintaining accurate OSHA records is critical for workplace safety and compliance. If missed the webinar, you can view it on-demand. If you have additional questions or need further guidance, our experts are here to help. 

Stay tuned for future sessions where we’ll dive into other occupational health and safety best practice topics!