Is It Recordable?
Scenario Q210

Rescue Inhaler: is it recordable?

Verdict: Recordable
Published 2021-09-05

Question

While welcoming a guest to the office and escorting them in the elevator, an employee is exposed to heavy perfume. The employee has non-occupational asthma and is forced to self-medicate using a rescue inhaler that was prescribed by their personal physician. Is it recordable?

Answer

YES. Even though the asthma is a pre-existing condition, OSHA states that a pre-existing illness can become recordable when an event or exposure in the work environment significantly aggravates the condition.

Letter of InterpretationSection 1904.5(b)(4) states, “A pre-existing injury or illness has been significantly aggravated, for purposes of OSHA injury and illness recordkeeping, when an event or exposure in the work environment results in . . . (iv) Medical treatment in a case where no medical treatment was needed for the injury or illness before the workplace event or exposure, or a change in medical treatment was necessitated by the workplace event or exposure.” Section 1904.5(b)(5) provides that an injury or illness is a pre-existing condition if it resulted solely from a non-work-related event or exposure that occurred outside the work environment.

Illustration for the scenario: Rescue Inhaler

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Illustration for the scenario: Rescue Inhaler

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.