Are cases of workplace violence considered work-related for recordkeeping?

The recordkeeping rule contains no general exception, for purposes of determining work-relationship, for cases involving acts of violence in the work environment. However, some cases involving violent acts might be included within one of the exceptions listed in 1904.5(b)(2). For example, if an employee arrives at work early to use a company conference room for a civic club meeting and is injured by some violent act, the case would not be work-related under the exception in 1904.5(b)(2)(v).

In a May 17, 2023, OSHA letter of interpretation, the agency revisited this question. The agency explains that Part 1904 does not allow employers to exclude from their recordkeeping forms those injuries/illnesses resulting from random acts of violence occurring in the work environment. That means, these work-related injuries and illnesses must be recorded unless excepted under (b)(2). OSHA says it wants to know about all occupational injuries/illnesses, not just those that are preventable, under employer control, or covered by a safety program. Also, recording an injury doesn’t mean the employer is at fault.