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- This has motivated the “ban the box” (BTB) movement, which calls for employers to delay asking about an applicant’s criminal record until late in the hiring process. 4 Advocates of BTB believe that if employers cannot tell who has a criminal record, job-ready ex-offenders will have a better chance at getting an interview.
- 1904.5(b)(2) You are not required to record injuries and illnesses if. (i) At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee.
- 1904
- Part Number Title:Recording and Reporting Occupational Injuries and Illness.
- 1904 Subpart C
- Subpart Title:Recordkeeping Forms and Recording Criteria
- Title:
- GPO Source:
What is the '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. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work.'
1904.5(b)(2)Are there situations where an injury or illness occurs in the work environment and is not considered work-related? Yes, an injury or illness occurring in the work environment that falls under one of the following exceptions is not work-related, and therefore is not recordable.
1904.5(b)(2) | You are not required to record injuries and illnesses if . . . |
(i) | At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee. |
(ii) | The injury or illness involves signs or symptoms that surface at work but result solely from a non-work-related event or exposure that occurs outside the work environment. |
(iii) | 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. |
(iv) | The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption (whether bought on the employer's premises or brought in). For example, if the employee is injured by choking on a sandwich while in the employer's establishment, the case would not be considered work-related. Note: If the employee is made ill by ingesting food contaminated by workplace contaminants (such as lead), or gets food poisoning from food supplied by the employer, the case would be considered work-related. |
(v) | The injury or illness is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee's assigned working hours. |
(vi) | The injury or illness is solely the result of personal grooming, self medication for a non-work-related condition, or is intentionally self-inflicted. |
(vii) | The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work. |
(viii) | The illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are considered work-related if the employee is infected at work). |
(ix) | The illness is a mental illness. Mental illness will not be considered work-related unless the employee voluntarily provides the employer with an opinion from a physician or other licensed health care professional with appropriate training and experience (psychiatrist, psychologist, psychiatric nurse practitioner, etc.) stating that the employee has a mental illness that is work-related. |
How do I know if an event or exposure in the work environment 'significantly aggravated' a preexisting injury or illness? A preexisting injury or illness has been significantly aggravated, for purposes of OSHA injury and illness recordkeeping, when an event or exposure in the work environment results in any of the following:
1904.5(b)(4)(i)Business-in-a-box Office Toolbar' Has Fired An Exception
1904.5(b)(4)(iv)Business In A Box Office Toolbar Has Fired An Exception Using
1904.5(b)(6)How do I decide whether an injury or illness is work-related if the employee is on travel status at the time the injury or illness occurs? Injuries and illnesses that occur while an employee is on travel status are work-related if, at the time of the injury or illness, the employee was engaged in work activities 'in the interest of the employer.' Examples of such activities include travel to and from customer contacts, conducting job tasks, and entertaining or being entertained to transact, discuss, or promote business (work-related entertainment includes only entertainment activities being engaged in at the direction of the employer).
Injuries or illnesses that occur when the employee is on travel status do not have to be recorded if they meet one of the exceptions listed below.
1904.5(b)(6) | If the employee has . . . | You may use the following to determine if an injury or illness is work-related |
(i) | checked into a hotel or motel for one or more days | When a traveling employee checks into a hotel, motel, or into an other temporary residence, he or she establishes a 'home away from home.' You must evaluate the employee's activities after he or she checks into the hotel, motel, or other temporary residence for their work-relatedness in the same manner as you evaluate the activities of a non-traveling employee. When the employee checks into the temporary residence, he or she is considered to have left the work environment. When the employee begins work each day, he or she re-enters the work environment. If the employee has established a 'home away from home' and is reporting to a fixed worksite each day, you also do not consider injuries or illnesses work-related if they occur while the employee is commuting between the temporary residence and the job location. |
(ii) | taken a detour for personal reasons | Injuries or illnesses are not considered work-related if they occur while the employee is on a personal detour from a reasonably direct route of travel (e.g., has taken a side trip for personal reasons). |
Business In A Box Office Toolbar Has Fired An Exception Error
[37 FR 736, Jan. 18, 1972, as amended at 42 FR 65165, Dec. 30, 1977; 47 FR 145, Jan. 5, 1982; 62 FR 44552, Aug. 22, 1997; 66 FR 6124, Jan. 19, 2001]