Worker’s fainting at sight of his own blood was “work-related”: U.S. OSHA

We all know people who get light-headed at the sight of blood.  The U.S. Occupational Safety and Health Administration (OSHA) has issued an interpretation letter, advising that an incident in which a worker fainted at the sight of his own blood was “work-related”.

The worker in question had scratched his finger on a vinyl saw clamp at work. The injury was minor, and a Band-Aid was the only first aid treatment sought. However, while a co-worker applied the Band-Aid, the worker fainted at the sight of his own blood. He regained consciousness and no further treatment was needed.

The worker’s employer asked OSHA to clarify whether the event was work-related so that the employer was required to “record” the event on an OSHA form. The law required the employer to report a work-related injury or illness if it results in unconsciousness.

Because the employee fainted, OSHA determined that the fainting spell was work-related.

The case is a reminder that some injuries and accidents that appear not to be work-related, may be reportable.  For instance, in Ontario, employers are required to report “critical injuries” to the Ontario Ministry of Labour, including “an injury of a serious nature that . . . produces unconsciousness”.

OSHA’s interpretation letter may be read here.

Adrian Miedema

About Adrian Miedema

Adrian is a partner in the Toronto Employment group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts.

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