Free Fallin' – Is Parking Lot Slip and Fall an OSHA Recordable Injury?

It’s nearing the season where slips and falls occur at an increasing number. No matter how well the snow and ice are removed from streets and sidewalks, employees may encounter some slippery surfaces when walking outdoors in the winter. A recent Letter of Interpretation published by the Occupational Safety and Health Administration (OSHA) may hold employers accountable for recording these injuries on their establishment logs if they occur on the company controlled parking lot surface and meet the other recording criteria listed in the recordkeeping regulation.

OSHA recently released an interpretation letter stating that an injury to an employee when getting out of his or her vehicle on an employer’s parking lot is considered a “work- related” injury under 29 C.F.R. § 1904.5, and therefore must be recorded on the establishment’s log. The Letter of Interpretation addressed this issue with regard to two injuries. The first injury occurred when an employee caught his right foot on the raised door threshold when getting out of his car. The employee subsequently fell onto the parking lot surface and sustained a right knee cap injury. The second employee was in the process of exiting his pick-up truck when he slipped on the rail used to enter and exit the vehicle. The employee fell onto the parking lot surface and sustained a twisted right knee.

The central question was whether the injuries were exempt from reporting by virtue of the motor vehicle accident exception, which exempts reporting if, "the injury or illness is 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." OSHA held that the exception did not apply because, even though both employees sustained injuries involving their personal vehicles in the company parking lot, neither case involved a motor vehicle accident (which OSHA explained in the letter must involve a moving vehicle, among other things). As a result, OSHA found that neither case met the motor vehicle accident exception to the reporting requirements, and, therefore, each injury should have been recorded on the establishment's log, as long as the injuries met the other recording criteria listed in the recordkeeping regulation (e.g., medical treatment, days away from work).

Employers required to keep records of the injuries and illnesses of their employees should take time to make sure they are properly recording injuries that occur in their parking lot and meeting the other recording criteria listed in the recordkeeping regulation. If you would like assistance or have questions, please contact any member of Ice Miller's Labor and Employment Practice Group.

Lindsay Ramsey is an associate in the Firm's Labor and Employment Practice Group.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.