708 OSHA Recordkeeping Basics

Working at Home

Injuries and illnesses occurring while the employee is working for pay or compensation at home should be treated like injuries and illnesses sustained by employees while traveling on business.

The relevant question is whether or not the injury or illness is work-related, not whether there is some element of employer control. The mere recording of these injuries and illnesses as work-related cases does not place the employer in the role of ensuring the safety of the home environment.

OSHA has issued a compliance directive (CPL 2-0.125) that clarifies that OSHA will not conduct inspections of home offices and does not hold employers liable for employees' home offices. The compliance directive also notes that employers required by the recordkeeping rule to keep records will continue to be responsible for keeping such records, regardless of whether the injuries occur in the factory, in a home office, or elsewhere, as long as they are work-related, and meet the recordability criteria.

Work-Relatedness While Telecommuting

When an employee is working on company business in his or her home and reports an injury or illness to his or her employer, and the employee's work activities caused or contributed to the injury or illness, or significantly aggravated a preexisting injury, the case is considered work-related and must be further evaluated to determine whether it meets the recording criteria. If the injury or illness is related to non-work activities or to the general home environment, the case is not considered work-related. For example:

• Work-related. If an employee drops a box of work documents and injures his or her foot, the case is considered work-related.
• Work-related. If an employee's fingernail is punctured by a needle from a sewing machine used to perform garment work at home, becomes infected and requires medical treatment, the injury is considered work-related.
• Non-work-related. If an employee is injured because he or she trips on the family dog while rushing to answer a work phone call, the case is not considered work-related.
• Non-work-related. If an employee working at home is electrocuted because of faulty home wiring, the injury is not considered work-related.

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