Is It Recordable?
Scenario Q193

After Hours Club: is it recordable?

Verdict: Not recordable
Published 2021-07-18

Question

A group of employees start a game club and meet in the office space at work to play board games. The company has provided approval for the club. While playing a game, one employee tosses candy into another's mouth from across the room and it becomes lodged in their throat. A fellow employee manages to clear their airway but only after the employee lost consciousness. Is it recordable?

Answer

NO. The incident personal tasks outside of the employees' assigned work hours and is therefore considered to be not work-related.

1904.5(b)(2)(v)an injury or illness is not work-related if it is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee's assigned working hours. In order for this exception to apply, the case must meet both of the stated conditions [i.e., the injury or illness must (1) be solely the result of the employee doing personal tasks (unrelated to their employment), and (2) occur outside of the employee's assigned working hours].

Illustration for the scenario: After Hours Club

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Illustration for the scenario: After Hours Club

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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.