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Compliance Assistance Resources

elaws - employment laws assistance for workers and small businesses

- OSHA Recordkeeping Advisor

Presumption of Work-Relatedness

According to OSHA Regulations 29 CFR 1904.5(a), an injury or illness is considered to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition, or "significantly aggravated" a pre-existing injury or illness.

Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in OSHA Regulations 29 CFR 1904.5(b)(2) specifically applies.

In addition, OSHA Regulations 29 CFR 1904.5(b)(1) defines the work environment as the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes NOT only physical locations, but also the equipment or materials used by the employee during the course of his or her work.

The OSHA Recordkeeping Advisor will now assist in determining whether an injury or illness is work-related and will review the associated exceptions.