Is It Recordable?
Scenario Q155

Thief Pursuit: is it recordable?

Verdict: Recordable
Published 2021-04-11

Question

A thief is spotted stealing materials from a yard. An employee gives chase and after several minutes of pursuit far outside of company property, after running into a road, the employee is struck by a fast-moving vehicle and breaks multiple bones. Is it recordable?

Answer

YES. The employee was injured in the work environment (anywhere the employee is as a condition of his employment) and was significantly injured. Letter of Interpretation: In the January 19, 2001, preamble to the final rule revising the recordkeeping regulation, OSHA explained that "work-related cancer, irreversible diseases, fractures of bone or teeth and punctured eardrums are generally recognized as constituting significant diagnoses, and if the condition is work-related, are appropriately recorded at the time of the initial diagnosis even if, at that time, medical treatment or work restrictions are not recommended."

Illustration for the scenario: Thief Pursuit

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Illustration for the scenario: Thief Pursuit
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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.