Was the affected employee’s injury or illness solely the result of performing personal tasks (unrelated to their employment) in the work environment outside of assigned working hours?
NOTE: In order for this exemption to apply, the case must meet both of the stated conditions (i.e., the injury or illness must be (1) be solely the result of the employee doing personal tasks (unrelated to their employment), and (2) occur outside of the employee’s assigned working hours). For purposes of OSHA recordkeeping, “personal tasks” means tasks unrelated to the employee’s job. For example, if an employee uses a company break area to work on his child’s science project, he is engaged in a personal task. “Assigned working hours” means “those hours the employee is actually expected to work, including overtime.” See, OSHA’s Recordkeeping FAQ 5-4 and FAQ 5.5.