Is It Recordable?
Scenario Q67

Painter Fall (at a small business): is it recordable?

Verdict: Not recordable
Published 2020-07-19

Question

A small subcontracting company of three employees is painting on a job site. One painter falls from a ladder while painting and breaks his wrist as evidence by urgent care x-ray. Is it recordable?

Answer

NO. While this injury meets recordable criteria, this paint subcontractor only has three employees and is exempt from OSHA record keeping.
1904.1(a)(1) If your company had 10 or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics informs you in writing that you must keep records under § 1904.41 or § 1904.42. However, as required by § 1904.39, all employers covered by the OSH Act must report to OSHA any work-related incident that results in a fatality, the in-patient hospitalization of one or more employees, an employee amputation, or an employee loss of an eye.

https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.1

Illustration for the scenario: Painter Fall (at a small business)

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.