Is It Recordable?
Scenario Q28

Injures Tooth on Hard Candy: is it recordable?

Verdict: Not recordable
Published 2020-03-28

Question

An employer provides candy to their employees on Halloween. One employee cracks a tooth on a piece of hard candy while on the job. Is it recordable?

Answer

NO. Injuries resulting from eating food on the job are not considered work related by OSHA.
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. You are not required to record injuries and illnesses if ... (iv) The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption (whether bought on the employer's premises or brought in)...

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

Illustration for the scenario: Injures Tooth on Hard Candy
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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.