Is It Recordable?
Scenario Q227

Copper Theft: is it recordable?

Verdict: Not recordable
Published 2021-10-10

Question

A man and his son break into a substation in the middle of the night to steal copper. They cut an energized cable and an arc flash badly burns both the man and his son. They are discovered by a security guard and are both taken to and admitted to a hospital to recover from their injuries. The man is a current employee. Is it recordable?

Answer

NO. The injury would not be considered work-related because he was in the workplace outside of normal working hours for non work-related reasons.

1904.5(b)(2)Are there situations where an injury or illness occurs in the work environment and is not considered work-related? Yes, an injury or illness occurring in the work environment that falls under one of the following exceptions is not work-related, and therefore is not recordable.

1904.5(b)(2)(v) The injury or illness is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee's assigned working hours.

Illustration for the scenario: Copper Theft

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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.