Is It Recordable?
Scenario Q126

Stray Bullet: is it recordable?

Verdict: Recordable
Published 2021-01-31

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

Illustration for the scenario: Stray Bullet

#RedBeard #osha #osharecordkeeping #safety #workerscomp #occupationalsafety #recordkeeping #injuries #HR #injury #bullet #gun #firearmsafety #linemen



Related scenarios

Q223

Owner & Son

The owner of a small 8-person business brings his 17 year old son to work to begin training him how to run the company. The two get into…

Not recordable
Q219

Outburst

An employees discovers that the company is planning to lay him off at the end of the month. He storms into the breakroom and in an…

Recordable
Q211

Angry Clown

While participating in a voluntary family fun day at work, an employee gets into an altercation with a clown when he is squirted with…

Not recordable

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.