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

May 4, 2009

Ms. Michelle Geld
OSHA/Safety Coordinator
Dollar Thrifty Automotive Group, Inc.
5330 E. 31st Street
P.O. Box 35985
Tulsa, OK 74153-0985

Dear Ms. Geld:

Thank you for your February 12, 2009 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 (FAQs). In addition, we maintain a log of Letters of Interpretation (LOI) on the OSHA Recordkeeping website.

You requested specific guidance on recordkeeping requirements relating to the death of an employee.

Scenario: An employee came to the facility on her way out of town (non-work related travel) to turn in her work uniforms and work-related equipment. While walking towards the facility in a marked crosswalk (airport property), she was struck by a sweeper truck (not driven by any of our employees) and was then air-lifted to a medical facility, where she died of her injuries.

We did report the death to OSHA, but after reviewing the case information during completion of our 2008 OSHA logs, wanted further clarification on if this death was considered recordable.

Answer: 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. Furthermore, work-relatedness is presumed for injuries and illnesses resulting