Stray Bullet: is it recordable?
Question
A lineman is climbing a utility pole. The employee cries out suddenly and shortly thereafter goes limp. The employee is rescued from the pole and rushed to the ER where they discover a bullet wound and spends several days in critical condition in the hospital. It is believed that the bullet came from an individual who broke the rules at a nearby shooting range by firing his rifle into the air. Is it recordable?
Answer
YES. The injury occurred during in the work environment and is subject to the presumption of work-relatedness. OSHA recordkeeping is no-fault and therefore, even if this was not a preventable incident, it is still recordable due to it being work-related and resulted in lost time.
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
