Standard Interpretations - Table of Contents
• Standard Number: 1904; 1904.5(b)(1)


This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any situation not delineated within the original correspondence.


February 24, 2009

Mr. William K. Principe
Constangy Brooks & Smith, LLP
Suite 2400
230 Peachtreet Street, NW
Atlanta, GA 30303-1557

Dear Mr. Principe:

Thank you for your December 8, 2008 letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 – Recording and Reporting Occupational Injuries and Illnesses. In an effort to provide you with prompt and accurate responses, we developed and continue to refine a set of Frequently Asked Questions (FAQ), in addition to maintaining a log of Letters of Interpretation (LOI) on the OSHA Recordkeeping web site.

Your letter states that an employee is injured while participating in go-cart racing, which occurred during an off-site team-building event. Employees were required to attend the off-site meeting and lunch, but were then free to choose among the following options: (1) participating in the team-building event; (2) returning to the office to finish the work day; or (3) taking a ½-day vacation.

Questions: Is an injury incurred during the go-cart racing considered to be work-related? Is the answer any different if an employee elects to stay for the go-cart racing but is not required to participate and is injured while watching the racing?

Response: Under Section 1904.5(b)(1), OSHA defines the work environment as "