Orami01/Test3 · Datasets at Hugging Face

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Q8. How do I handle a case if it is not obvious whether the precipitating event or
exposure occurred in the work environment or occurred away from work?
A8. You must evaluate the employee’s work duties and environment to decide
whether it is more likely than not that one or more events or exposures in the
work environment either caused or contributed to the resulting condition or
significantly aggravated a preexisting condition. The evaluation might include
consultation with an ergonomics expert as well as a PLHCP. A review of the job
description alone is not sufficient without reviewing all of the employee’s
collateral duties.
Q9. How do I know if an event or exposure in the work environment
“significantly aggravated” a preexisting injury or illness?
A9. A preexisting injury or illness has been significantly aggravated, for purposes of
FRA injury and illness recordkeeping, when:
With respect to any person:
(1) Death, provided that the preexisting injury or illness would likely not have
resulted in death but for the occupational event or exposure.
(2) Loss of consciousness, provided that the preexisting injury or illness would
likely not have resulted in loss of consciousness but for the occupational event
or exposure.
(3) Medical treatment in a case where no medical treatment was needed for the
injury or illness before the workplace event or exposure, or a change in
medical treatment was necessitated by the workplace event or exposure.
With respect to a railroad employee:
(1) One or more days away from work, days of restricted work, or days of job
transfer that otherwise would not have occurred but for the occupational event
or exposure.
FRA Guide for Preparing Accident/Incident Reports
61
F 6180.55a
Q10. Which injuries and illnesses are considered preexisting conditions?
A10. An injury or illness is a preexisting condition if it resulted solely from a nonwork-related event or exposure that occurred outside the work environment, e.g.,
diabetes.
Q11. An employee-on-duty was injured at work and received medical treatment.
The employee was also tested for alcohol and drugs. The test was positive for
alcohol. The employee admitted that he had been previously treated for
alcohol abuse. An investigation determined that this event or exposure
would not have occurred except for the alcohol impairment. Since the
employee already had an existing problem with alcohol abuse, would this
injury meet the reporting exception that the injury or illness involves signs or
symptoms that manifest themselves at work but result solely from a nonwork-related event or exposure that occurs outside the work environment?
A11. The positive drug/alcohol history is not a qualifying reporting exception. There
are some medical conditions, such as epilepsy, that cannot be controlled by the
employee. The Americans with Disabilities Act, Public Law 101-336, prohibits
discrimination on the basis of epilepsy in employment. That is why OSHA has
excluded injuries occurring as a result of epilepsy from injury reporting with the
revised regulation, if the workplace environment did not trigger the epileptic
seizure. This exception allows the employer to exclude cases where a loss of
consciousness is due solely to a personal health condition, such as epilepsy,
diabetes, or narcolepsy.
This concept cannot be extended to alcohol dependency or the use of legal or
illegal drugs. Impairment by drugs or alcohol is a serious problem in the
workplace; however, it is not classified as a preexisting condition for purposes of
reporting injuries. The employer is expected to keep the workplace drug-free and
to report all injuries that meet FRA’s reporting criteria, including those that are
associated with a positive drug/alcohol test result.
Q12. How do I decide whether an injury or illness is work-related if the employee
is on travel status at the time the injury or illness occurs?
A12. Injuries and illnesses that occur while an employee is on travel status are workrelated if, at the time of the injury or illness, the employee was engaged in work
activities “in the interest of the employer.” Examples of such activities include
travel to and from customer contacts, conducting job tasks, and entertaining or
being entertained to transact, discuss, or promote business (work-related
FRA Guide for Preparing Accident/Incident Reports
62
F 6180.55a
entertainment includes only entertainment activities being engaged in at the
direction of the employer).
Injuries or illnesses that occur when the employee is on travel status should be
evaluated as follows:
(1) An employee checks into a hotel or motel for 1 or more days. When a
traveling employee checks into a hotel, motel, or other temporary residence,
he or she establishes a “home away from home.” You must evaluate the
employee’s activities after he or she checks into the hotel, motel, or other
temporary residence for their work-relatedness in the same manner as you
evaluate the activities of a non-traveling employee. When the employee
checks into the temporary residence, he or she is considered to have left the
work environment. When the employee begins work each day, he or she reenters the work environment. If the employee has established a “home away
from home” and is reporting to a fixed worksite each day, you also do not
consider injuries or illnesses work-related if they occur while the employee is
commuting between the temporary residence and the job location.
Note: An employee in deadhead transportation is considered an
“employee on duty” regardless of the mode of transportation.
Deadhead transportation occurs when an employee is traveling at
the direction or authorization of the carrier to or from an
assignment, or the employee is involved with a means of
conveyance furnished by the carrier or compensated by the carrier.
-
Exception: If an employee is housed by the carrier in a facility such as a
motel, and part of the service provided by the motel is the
transportation of the employee to and from the worksite, any
reportable injury to the employee during such transit is to be
reported as that to a Railroad Employee Not On Duty (Class B). If
the employee had decided upon other means of transportation that
had not been authorized or provided, such as a ride from a friend,
and for which he would not have been compensated by the
railroad, the injury is not considered work-related.
(2) An employee takes a detour for personal reasons. Injuries or illnesses are not
considered work-related if they occur while the employee is on a personal
detour from a reasonably direct route of travel (e.g., has taken a side trip for
personal reasons).
Q13. This question involves the following sequence of events: Employee A drives

Q8. How do I handle a case if it is not obvious whether the precipitating event or

exposure occurred in the work environment or occurred away from work?

A8. You must evaluate the employee’s work duties and environment to decide

whether it is more likely than not that one or more events or exposures in the

work environment either caused or contributed to the resulting condition or

significantly aggravated a preexisting condition. The evaluation might include

consultation with an ergonomics expert as well as a PLHCP. A review of the job

description alone is not sufficient without reviewing all of the employee’s

collateral duties.

Q9. How do I know if an event or exposure in the work environment

“significantly aggravated” a preexisting injury or illness?

A9. A preexisting injury or illness has been significantly aggravated, for purposes of

FRA injury and illness recordkeeping, when:

With respect to any person:

(1) Death, provided that the preexisting injury or illness would likely not have

resulted in death but for the occupational event or exposure.

(2) Loss of consciousness, provided that the preexisting injury or illness would

likely not have resulted in loss of consciousness but for the occupational event

or exposure.

(3) Medical treatment in a case where no medical treatment was needed for the

injury or illness before the workplace event or exposure, or a change in

medical treatment was necessitated by the workplace event or exposure.

With respect to a railroad employee:

(1) One or more days away from work, days of restricted work, or days of job

transfer that otherwise would not have occurred but for the occupational event

or exposure.

FRA Guide for Preparing Accident/Incident Reports

61

F 6180.55a

Q10. Which injuries and illnesses are considered preexisting conditions?

A10. An injury or illness is a preexisting condition if it resulted solely from a nonwork-related event or exposure that occurred outside the work environment, e.g.,

diabetes.

Q11. An employee-on-duty was injured at work and received medical treatment.

The employee was also tested for alcohol and drugs. The test was positive for

alcohol. The employee admitted that he had been previously treated for

alcohol abuse. An investigation determined that this event or exposure

would not have occurred except for the alcohol impairment. Since the

employee already had an existing problem with alcohol abuse, would this

injury meet the reporting exception that the injury or illness involves signs or

symptoms that manifest themselves at work but result solely from a nonwork-related event or exposure that occurs outside the work environment?

A11. The positive drug/alcohol history is not a qualifying reporting exception. There

are some medical conditions, such as epilepsy, that cannot be controlled by the

employee. The Americans with Disabilities Act, Public Law 101-336, prohibits

discrimination on the basis of epilepsy in employment. That is why OSHA has

excluded injuries occurring as a result of epilepsy from injury reporting with the

revised regulation, if the workplace environment did not trigger the epileptic

seizure. This exception allows the employer to exclude cases where a loss of

consciousness is due solely to a personal health condition, such as epilepsy,

diabetes, or narcolepsy.

This concept cannot be extended to alcohol dependency or the use of legal or

illegal drugs. Impairment by drugs or alcohol is a serious problem in the

workplace; however, it is not classified as a preexisting condition for purposes of

reporting injuries. The employer is expected to keep the workplace drug-free and

to report all injuries that meet FRA’s reporting criteria, including those that are

associated with a positive drug/alcohol test result.

Q12. How do I decide whether an injury or illness is work-related if the employee

is on travel status at the time the injury or illness occurs?

A12. Injuries and illnesses that occur while an employee is on travel status are workrelated if, at the time of the injury or illness, the employee was engaged in work

activities “in the interest of the employer.” Examples of such activities include

travel to and from customer contacts, conducting job tasks, and entertaining or

being entertained to transact, discuss, or promote business (work-related

FRA Guide for Preparing Accident/Incident Reports

62

F 6180.55a

entertainment includes only entertainment activities being engaged in at the

direction of the employer).

Injuries or illnesses that occur when the employee is on travel status should be

evaluated as follows:

(1) An employee checks into a hotel or motel for 1 or more days. When a

traveling employee checks into a hotel, motel, or other temporary residence,

he or she establishes a “home away from home.” You must evaluate the

employee’s activities after he or she checks into the hotel, motel, or other

temporary residence for their work-relatedness in the same manner as you

evaluate the activities of a non-traveling employee. When the employee

checks into the temporary residence, he or she is considered to have left the

work environment. When the employee begins work each day, he or she reenters the work environment. If the employee has established a “home away

from home” and is reporting to a fixed worksite each day, you also do not

consider injuries or illnesses work-related if they occur while the employee is

commuting between the temporary residence and the job location.

Note: An employee in deadhead transportation is considered an

“employee on duty” regardless of the mode of transportation.

Deadhead transportation occurs when an employee is traveling at

the direction or authorization of the carrier to or from an

assignment, or the employee is involved with a means of

conveyance furnished by the carrier or compensated by the carrier.

-

Exception: If an employee is housed by the carrier in a facility such as a

motel, and part of the service provided by the motel is the

transportation of the employee to and from the worksite, any

reportable injury to the employee during such transit is to be

reported as that to a Railroad Employee Not On Duty (Class B). If

the employee had decided upon other means of transportation that

had not been authorized or provided, such as a ride from a friend,

and for which he would not have been compensated by the

railroad, the injury is not considered work-related.

(2) An employee takes a detour for personal reasons. Injuries or illnesses are not

considered work-related if they occur while the employee is on a personal

detour from a reasonably direct route of travel (e.g., has taken a side trip for

personal reasons).

Q13. This question involves the following sequence of events: Employee A drives