Is It Recordable?
Scenario Q122

Mysterious Allergic Reaction: is it recordable?

Verdict: Recordable
Published 2021-01-24

Question

An employee working as a janitor in a laboratory facility suddenly falls ill. His doctor believes it is an allergic reaction to something in the work environment. There are no known exposures despite air sampling and a thorough investigation. Is it recordable?

Answer

YES. Even though it is not clear what caused the reaction, due to OSHA's presumption of work-relatedness, the injury must be presumed to be caused by work because it happened in the work environment. Further, the doctor's opinion is that it was caused by the work environment. It is also possible that the employee became sensitized to a chemical at work, such as a cleaning agent, that has not affected the employee previously.

1904.5(a):Basic requirement. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in §1904.5(b)(2) specifically applies

Illustration for the scenario: Mysterious Allergic Reaction

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This is guidance based on 29 CFR Part 1904 and OSHA letters of interpretation. Facts and details may be altered or fictional. As specified by OSHA, the employer is responsible for the final recordability determination.