In the July 29, 2019 letter, an employee lacerated his palm — requiring seven sutures — while sharpening a personal pocket-knife during his lunch break. He was sitting in a company-owned truck parked in the employer's parking lot, and he returned to work immediately without restrictions. The employer asked whether two work-relatedness exceptions applied.
First, the employer asked about 29 CFR 1904.5(b)(2)(i), which exempts injuries occurring when 'the employee was present in the work environment as a member of the general public rather than an employee.' OSHA said no: this exception applies specifically to 'employers whose establishments are also public places, i.e., retail stores' — for example, a retail employee shopping in the store on a non-work day who is injured in a fall. Since this establishment was not a public place and the employee was in a company-owned vehicle, the exception did not apply.
Second, the employer asked about 1904.5(b)(2)(v), which exempts injuries that are 'solely the result of an employee doing personal tasks (unrelated to his/her employment) at the establishment outside of working hours.' OSHA explained the exception requires both conditions: the injury must result solely from a personal task unrelated to employment, AND it must occur outside assigned working hours. OSHA emphasized that 'lunch breaks are considered assigned working hours for injury and illness recordkeeping purposes' — assigned working hours means 'those hours the employee is actually expected to work, including overtime.' Because the injury occurred during the lunch break, the second condition failed and the injury is recordable based on the medical treatment received.