The host employer must record the recordable injuries and illnesses of employees not on its payroll if it supervises them on a day-to-day basis. Day-to-day supervision occurs when in addition to specifying the output, product or result to be accomplished by the person's work, the employer supervises the details, means, methods and processes by which the work is to be accomplished.
1. What constitutes to Work-Related illness
Think of the employer’s premises as a Big Circle. Anything that is reported to have happened in the Big Circle is presumed to be work related.
2. Geographic Presumption
In the absence of evidence to overcome the presumption, an ankle injury caused by a trip that occurred while the employee was walking down a level seamless hallway at work is work-related, regardless of whether the accident is attributable to a defect in the hall.
3. Work-related Geographic Presumptions in Big Circle
Work related geographic presumptions in the big circle includes, unsafe Acts, Acts of God, Acts of Violence, Performing Work Tasks, Rule Violations, Unpreventable acts, Failed drug test and Personal tasks during the work day.
4. Illness before being on clock
For purposes of OSHA recordkeeping injuries and illnesses occurring in the work environment are considered work-related. Punching in and out does not affect the outcome for determining work-relatedness.
5. Mistakes about work-related illness
The common mistakes about OSHA work related illness include, employee was not engaged in work activities – geographic presumption, employee was not supposed to be doing what he/she was doing at the time of the injury, employee failed a drug test, the employee was not on the clock, the injury wasn’t witnessed and employee waited too long to report the injury or condition.