OSHA recently released a July 14, 2008 interpretation letter regarding its “Determination of work-relatedness” standard, 29 C.F.R. § 1904.5. The interpretation letter considers whether injuries to employees on an employer’s parking lot are considered “work-related” injuries under § 1904.5(b)(2)(vii).

This standard helps employers determine which injuries and illnesses they should record and report to OSHA. In particular, § 1904.5(a) requires an employer to “consider an injury or illness 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.” In addition, § 1904.5(b)(2) provides a list of injuries or illness occurring in the workplace not considered “work-related,” thus not recordable.

Under § 1904.5(b)(2)(vii), an injury or illness “caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work” is not a “work-related” injury that is recordable.

In its interpretation letter, OSHA clarified that three factors must exist for an injury or illness to qualify for this exception:  (1) it must occur during an employee’s commute; (2) it must occur in the employer’s parking lot or access road; and (3) it must result from a motor vehicle accident. OSHA concluded that because the injuries did not involve a motor vehicle accident, the third requirement for § 1904.5(b)(2)(vii) does not exist. Therefore, employers must record these accidents on their establishment logs.