Is It Recordable?
Scenario Q218

Tool Thief: is it recordable?

Verdict: Recordable
Published 2021-09-19

Question

After clocking out for the day, the employee is walking to their vehicle in the employer-maintained lot. A heavy tool they tucked into their belt, slips down through their pantleg and strikes the top of their foot. An x-ray reveals a broken bone. They were not authorized to take the tool. Is it recordable?

Answer

YES. The employee had not yet began his commute and therefore, the injury falls under the geographic presumption of work-relatedness. A broken bone is considered severe enough to be recordable.

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: Tool Thief
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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.