- Standard Number:
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
March 31, 1992
Mr. Carl Richardson Manager,
Safety & Health
H. B. Zachry Company
Post Office Box 21130
San Antonio, Texas 78285
Dear Mr. Richardson:
Thank you for your letter of February 10, requesting an interpretation of recordability on the OSHA Log 200. As stated in your letter, the OSHA definition of work environment is primarily composed of: (1) The employer's premises, and (2) other locations where employees are engaged in work-related activities or are present as a condition of their employment. The employer's premises encompass the total establishment. These definitions are found on pages 32 through 35, Questions C-1 to C-12, of the enclosed Recordkeeping Guidelines for Occupational Injuries and Illnesses.
When an injury or illness occurs on the employer's premises, work relationship is presumed. There are however, two areas where this presumption does not apply. These are 1) company controlled recreational facilities, and 2) the company parking lot (page 33, questions C-2 and C-3). With one exception, the specific activity the employee was engaged in at the time is not the controlling factor (page 32, Question C-1). The only exception to this rule involves an employee's normal commute to and from work. This activity is not considered work related (page 36, Question C-19).
In the situation described in your letter, the employee had left the parking lot and was engaged in his/her normal commute home. Therefore, as explained above, the resulting injury should not be recorded on the OSHA Log.
In the upcoming revision to the recordkeeping system, we will be considering other potential exclusions to the definition of premises. We invite you to submit any comments you may have on this topic.
If you have any further questions or comments, please contact my staff at Area Code (202) 523-1463.
Sincerely,
STEPHEN A. NEWELL
Acting Director
Office of Statistics
Enclosure