Is It Recordable?
Scenario Q137

Coffee Break (Gas Station): is it recordable?

Verdict: Recordable
Published 2021-03-01

Question

While driving from one worksite to another, a safety supervisor stops to get coffee at a gas station. The gas station is within a reasonably direct route of travel to the second worksite. While standing in line to pay for coffee, an out-of-control vehicle driven by an elderly man crashes through the wall and runs him over, breaking multiple bones. Is it recordable?

Answer

YES. The incident occurred while the employee was on a reasonably direct route of travel between two worksites and breaks are considered part of the normal workday.

Letter of Interpretation: Injuries or illnesses are not considered work-related if they occur while the employee is on a personal detour from a reasonably direct route of travel (e.g., has taken a side trip for personal reasons). See Section 1904.5(b)(6)(ii)...Stopping for gas and food are normal activities involved in business travel.

Illustration for the scenario: Coffee Break (Gas Station)

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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.