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)?
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.
U.S. Department of Labor
