Work-relatedness focus of latest OSHA interpretive letter

A burn injury caused by a personal lithium ion battery fire is work related if it occurs in the workplace during assigned working hours, OSHA stated in a recently issued letter of interpretation (LOI).

The January 20 letter details an incident where an employee was burned when their rechargeable lithium-ion batteries for e-cigarettes sparked a fire after inadvertently coming into contact with a key used for work. OSHA said that even though the batteries are a personal item used for a non work purpose, the injury happened in the work environment, so the geographic presumption of work-relatedness applies. OSHA also clarified that the precipitating event is the fire, not the act of carrying the batteries.

Lee Anne Jennings, Director of OSHA’s Technical Support and Emergency Management Directorate, clarified that Section 1904.5(b)(3) of OSHA’s recordkeeping regulation doesn’t apply if the employee was at work during assigned hours and present as a condition of employment. She also noted that none of the exceptions in Section 1904.5(b)(2) are relevant in this scenario, so the injury’s cause — including whether the battery was mixed with employer-provided items — is irrelevant for determining work-relatedness.

LOIs clarify federal workplace safety standards and ensure consistent application for employers, workers, and safety professionals.