In a recent interpretation letter, OSHA responded to an employer’s request for “clarification on whether an employee’s laceration and subsequent fainting at the sight of blood constitutes a recordable case on the OSHA Form 300.”

The employee had scratched his finger on a vinyl saw clamp at work. The injury was minor and the only first aid treatment sought was a Band-Aid. However, while a Band-Aid was being applied by a coworker, the injured employee fainted at the sight of his own blood. When he regained consciousness he explained what had happened, and with no additional injuries, no further treatment was needed.

Under 29 CFR 1904.7(b)(1)(v) “a work-related injury or illness must be recorded if it results in loss of consciousness.” Although the employee’s scratched finger was work-related, the question was whether the subsequent fainting was work-related and therefore recordable. OSHA pointed to Section 1904.5(a) which states, “[the employer] must 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.” (emphasis added) (There are exceptions for situations where a person’s loss of consciousness is due to a personal medical condition, such as epilepsy, where the loss of consciousness at work is 100% attributable to the medical condition.)

In this incident, if the employee’s only work-related injury had been his scratched finger, it would not have been recordable. However, Section 1904.5(a) applies to his corresponding loss of consciousness as a result of the scratched finger and, therefore, under 1904.7(b)(1)(v), his loss of consciousness is recordable.

The letter can be read in full here.

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Photo of Tressi L. Cordaro Tressi L. Cordaro

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state…

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested citations, reserving litigation as the option if the client’s business objectives cannot otherwise be achieved. As a result, she has secured OSHA withdrawals of citations without the need for litigation.

Ms. Cordaro’s unique experience with government agencies involved in OSHA enforcement enables her to provide employers with especially insightful guidance as to how regulators view OSHA compliance obligations, and evaluate contested cases.

Ms. Cordaro served as the Presidentially-appointed Legal Counsel and Special Advisor to the past Chairman and Commissioner Horace A. Thompson, III at the U.S. Occupational Safety & Health Review Commission (OSHRC) in Washington, DC, the agency that adjudicates contested federal OSHA citations. As the Commissioner’s chief counsel, Ms. Cordaro analyzed all cases presented to the OSHRC and advocated the Commissioner’s position during decisional meetings.

In addition, Ms. Cordaro worked at the U.S. Department of Labor’s Occupational Safety & Health Administration developing OSHA standards, regulations and enforcement and compliance policies, with emphasis on the construction industry. She has in-depth experience on technical issues including, in particular, issues related to cranes and derricks in construction.