Is It Recordable?
Scenario Q2

Injured in Parking Ramp: is it recordable?

Verdict: It depends
Published 2020-08-09

Question

An employee gets out of her vehicle after driving to work at the start of the work day. She parks in a parking garage that is co-owned by her employer and another company. On her way down one of the parking garage’s staircases, she falls and breaks her arm and ultimately receives medical treatment. Is it recordable?

Answer

MAYBE. One of the exceptions to work-relatedness is the commute. OSHA has a very clear delineation of when the commute ends and that is when the employee steps foot onto the work establishment. Therefore, if the parking garage is maintained by the company, it would be recordable. If the parking garage is not maintained by the company, then the employee had not yet ended her commute and the incident is not recordable.
1904.5(b)(2)(vii), April 15, 2015 Letter of Interpretation

https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.5

https://www.osha.gov/laws-regs/standardinterpretations/2015-04-13

http://ehsmomentum.com

Illustration for the scenario: Injured in Parking Ramp

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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.