Rank: Forum user
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Dear Members / IOSH Team,
Can anyone please assist me with an unclear definition regarding work relatedness classification for an incident that recently occurred at the construction project I am working on in Indonesia, which follows OSHA guidance and not HSE.
Background:
This incident involved a person who was using a squatting type portaloo which is a common type used throughout Indonesia. Local culture is that they remove shoes, sock, trousers etc. before defecating.
The portaloo was located on the project worksite and when the person used this for some reason he ended up standing in the sunken toilet bowl. With the wait of the IP the ceramic bowl seperated and his bare leg caught the sharp remaing ceramic edge. This resulted in a deep gash and the rupture of his Achillies tendon.
When he was stabilised at the onsite clinic he was sent to the local hospital which is around 90 minutes drive. When he arrived there the surgeon was on holiday so he was then transported to another hospital ten hours away to whcih there was also no surgeon available.
He was eventually seen and operated on some 44 hours later and then released the next day.
OSHA is unclear in whether this incident was at work i.e. due to the location of the toilet or whether the person was not at work as he wasn't undertaking any work activities.
Things like chocking on a sandwhich in the works canteen are not classified as work related so is doing the toliet classed as work related or not.
Please can anyone assist who may have experienced this type of incidnet or are there any legal personnel who can definently define work related or non occupational.
Please accept my apologies if my replies are late due to time difference and frequent loss of internet service due to my remote location.
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Rank: Forum user
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sweenytodd wrote:Dear Members / IOSH Team, Please forget any typos
Can anyone please assist me with an unclear definition regarding work relatedness classification for an incident that recently occurred at the construction project I am working on in Indonesia, which follows OSHA guidance and not HSE.
Background:
This incident involved a person who was using a squatting type portaloo which is a common type used throughout Indonesia. Local culture is that they remove shoes, sock, trousers etc. before defecating.
The portaloo was located on the project worksite and when the person used this for some reason he ended up standing in the sunken toilet bowl. With the weight of the IP the ceramic bowl seperated and his bare leg caught the sharp remaing ceramic edge. This resulted in a deep gash and the rupture of his Achillies tendon.
When he was stabilised at the onsite clinic he was sent to the local hospital which is around 90 minutes drive. When he arrived there the surgeon was on holiday so he was then transported to another hospital ten hours away to whcih there was also no surgeon available.
He was eventually seen and operated on some 44 hours later and then released the next day.
OSHA is unclear in whether this incident was at work i.e. due to the location of the toilet or whether the person was not at work as he wasn't undertaking any work activities.
Things like chocking on a sandwhich in the works canteen are not classified as work related so is doing the toliet classed as work related or not.
Please can anyone assist who may have experienced this type of incidnet or are there any legal personnel who can definently define work related or non occupational.
Please accept my apologies if my replies are late due to time difference and frequent loss of internet service due to my remote location.
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Rank: Super forum user
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Although I am UK based, we use the OSHA Recordability Criteria for Corporate reporting. I am not an OSHA Expert, but as per OSHA Recording Rules, there is NO EXCEPTION for your case, therefore it is work-related in my view!
You have stated that, "The portaloo was located on the project worksite" i.e it is a part of the welfare facilities.
The link to the work-relatedness aspects of OSHA Recording Rules is at:-
https://www.osha.gov/pls...=STANDARDS&p_id=9636
There are some uniques aspects about OSHA recordability--On can fatally kill a pedestrian in a comany car parking lot with their vehicle, and it is not recordable--a there is an exception for it!
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Rank: Forum user
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Thanks Jay,
I have all the work relatedness criteria where it also states if it is normal body motions / movements and not motions / movements related to work then its not recordable. Aslo if you have an accident in a car in the company parking lot its not recordable either. It really is a vague set of regulations and not entirely clear. I have sat with client HSE and directors as well as my project director and site manager and we are all still no further forward. I have also sent an email to OSHA to see if they can define this incident. So thanks for the input.
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