FAQs

One of my employees experienced an injury in the work environment before they had "clocked in" for the day. They just started their work a little early. Is the case considered work related even if that employee was not officially "on the clock" for pay pu

EZ OSHA — Tue, 24 Jul 2007 18:29:23 GMT

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.

How does OSHA define a "company parking lot" for purposes of Recordkeeping?

EZ OSHA — Tue, 24 Jul 2007 18:20:00 GMT

Company parking lots are part of the employer's premises and therefore part of the establishment, if these areas are under the control of the employer. However, a parking area where the employer does not have control (such as a parking lot outside of a building shared by different employers, or a public parking area like those found at a mall or beneath a multi-employer office building) would not be considered part of the employers establishment (except for the owner of the building or mall), and therefore not a company parking lot for purposes of OSHA recordkeeping.

I have an employee with a pre-existing medical condition – epilepsy. During a seizure, he fell and broke his arm. Would this make the injury work related?

EZ OSHA — Tue, 24 Jul 2007 18:21:55 GMT

No, neither the seizure nor the broken arm are recordable. Injuries and illnesses that result solely from non-work-related events or exposures are not recordable.

I have an employee who voluntarily took work home and was injured while working at home. Does that make the injury recordable?

EZ OSHA — Tue, 24 Jul 2007 18:24:57 GMT

No. Injuries and illnesses occurring in the home environment are only considered work-related if the employee is being paid or compensated for working at home and the injury or illness is directly related to the performance of the work rather than to the general home environment.

I understand an injury becomes work related if it occurs during “assigned working hours.” But what are “assigned working hours?”

EZ OSHA — Tue, 24 Jul 2007 18:25:31 GMT

"Assigned working hours" means those hours the employee is actually expected to work, including overtime.

One of my employees slipped in the company shower while washing off a chemical from the work place. Would this make the injury work-related?

EZ OSHA — Tue, 24 Jul 2007 18:23:19 GMT

This situation would be work related. Personal grooming would refer to personal hygiene activities, such as combing and drying hair, brushing teeth, clipping fingernails and the like. The shower, in this case, was work related.

If one of my maintenance employees is cleaning the parking lot or an access road and is injured as a result, is the case work-related?

EZ OSHA — Tue, 24 Jul 2007 18:23:46 GMT

Yes, the case is work-related because the employee is injured as a result of conducting company business in the work environment, meaning the parking lot in this case.

If an employee says they're hurt, do I have to put it on the OSHA log?

EZ OSHA — Tue, 24 Jul 2007 17:39:00 GMT

No. In determining whether a case is recordable, the employer must first decide whether an injury or illness, as defined by the rule, has occurred. If the employer is uncertain about whether an injury or illness has occurred, the employer should refer the employee to a physician or other health care professional for evaluation and should consider the health care professional's opinion in determining whether a work-related injury or illness exists.

I only have 8 employees at this location, but the company has several hundred. Do I need to keep the forms for this facility?

EZ OSHA — Tue, 24 Jul 2007 18:24:18 GMT

Yes, the partial exemption based on size must take into account the total company’s employee population.

Where can I get copies of the OSHA 300, 301 & 300A?

EZ OSHA — Tue, 24 Jul 2007 17:36:00 GMT

Go to www.osha.gov, click on the Recordkeeping link on the right side and download the forms. You can also use resources such as the OSHA Compliance Suite to print the forms.

I only had 6 employees all year. Do I need to keep OSHA injury records?

EZ OSHA — Tue, 24 Jul 2007 17:26:00 GMT

A. No, so long as you did not have 10 or more employees at anytime during the year, you need not maintain these records.

Can OSHA fine employees?

EZ OSHA — Mon, 02 Jul 2007 16:06:00 GMT

While there has been legislation proposed in the past to allow them to do so, OSHA will not fine an employee. It is the employer's responsibility to maintain a safe and healthy workplace. therefore, OSHA penalizes the employer when necessary. However, the employees can face penalties when they are an agent (one in a resposible position) for the employer.

What does OSHA do with the money from citations?

EZ OSHA — Mon, 02 Jul 2007 16:01:00 GMT

OSHA does not keep the money. All collections go to the General Fund just like your income tax. They are not self supporting.