In the January 20, 2026 letter, an employer described employees bringing rechargeable lithium-ion batteries from home for personal e-cigarette use, unrelated to work duties. The batteries had unprotected terminals and were improperly carried in pants pockets; a fire sparked by the batteries injured an employee at the workplace. The employer raised several possible ways out of recording the injury, and OSHA rejected each one.
First, the employer asked whether the exception at 1904.5(b)(3) applies because it might be unclear whether the event occurred at work. OSHA said no: work-relatedness is presumed for injuries from events 'occurring in the work environment, unless an exception' specifically applies, and here the fire occurred at the workplace during assigned work hours. 'Work need only be a causal factor' — neither fault nor employer control determines work-relatedness. OSHA also clarified that the precipitating event is the fire itself, 'the identifiable event that the burn injury resulted from,' not the earlier improper battery handling — though 1904.5(b)(3) is inapplicable either way.
Second, OSHA rejected the specific exceptions. The personal consumption exception at 1904.5(b)(2)(iv) covers only injuries from 'eating, drinking, or preparing food or drink for personal consumption' — a battery fire does not qualify. The exception at 1904.5(b)(2)(vi) addresses 'personal grooming, self-medication for a non-work-related condition, or intentionally self-inflicted' injuries — e-cigarette battery burns fit none of these. OSHA emphasized that it interprets the eight 1904.5(b)(2) exceptions narrowly, applying them only when all conditions are met.
Finally, OSHA said it does not matter whether the personal battery was co-mingled with employer-provided items such as a work key — since no exception applies, co-mingling is irrelevant. The conclusion: such injuries must be recorded as work-related.