Was the affected employee’s injury or illness solely the result of eating, drinking, or preparing food or drink for personal consumption (whether bought on the employer's premises or brought in)?

• Yes
• No

NOTE: An example of the application of this exemption would be a case where the employee injured himself or herself by choking on a sandwich brought from home but eaten in the employer’s establishment; such a case would not be considered work-related. On the other hand, if an employee contracts food poisoning from a meal provided by the employer at a business meeting or company function and takes time off to recover, the case would be considered work-related. See, the preamble to the 2001 final rule revising OSHA’s recordkeeping regulation at 66 Federal Register 5951.