DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY  
DIRECTOR'S OFFICE  
MIOSHA SAFETY AND HEALTH STANDARD  
(By authority conferred on the department of labor and economic opportunity by  
section 69 of the Michigan occupational safety and health act, 1974 PA 154, MCL  
408.1069, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, 2011-4,  
and 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998)  
PART 11. RECORDING AND REPORTING OF OCCUPATIONAL INJURIES  
AND ILLNESSES  
R 408.22101 Scope.  
Rule 1101. These rules provide for recordkeeping and reporting by public and  
private employers covered under the act as necessary or appropriate for enforcement of  
the act, for developing information regarding the causes and prevention of occupational  
injuries and illnesses, and for maintaining a program of collection, compilation, and  
analysis of occupational safety and health statistics. R 408.22103 lists employers who are  
partially exempted from keeping work-related injury and illness records.  
History: 1979 AC; 2001 AACS; 2015 AACS.  
R 408.22102 Intent.  
Rule 1102. (1) These rules are substantially identical to the federal occupational  
safety and health act (OSHA) recordkeeping and reporting requirements, as contained in  
29 C.F.R., §1904 “Recording and Reporting of Occupational Injuries and Illnesses”  
amended 2016, as adopted in R 408.22102a, to assure that employers maintaining records  
pursuant to these rules are in compliance with the federal requirements and need not  
maintain additional records or submit additional reports pursuant to the federal  
regulations. R 408.21119 of this standard pertains to the use of OSHA forms.  
(2) This standard does not supersede the recordkeeping and reporting requirements  
prescribed by sections 18 and 24 of Public Law 91-596, 29 U.S.C. §§667 and 673.  
(3) If an employer creates records to comply with another government agency's  
injury and illness recordkeeping requirements, MIOSHA will consider the records as  
complying with these rules if OSHA or MIOSHA accepts the other agency's records  
under a memorandum of understanding with that agency, or if the other agency's records  
contain the same information as these rules requires an employer to record. For help in  
determining whether an employer's records meet MIOSHA's requirements, an employer  
may contact the MIOSHA Management Information Systems Section at  
History: 1979 AC; 1998-2000 AACS; 2001 AACS; 2015 AACS; 2016 AACS.  
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R 408.22102a. Adopted and referenced standards.  
Rule 1102a. (1) The following federal standards are adopted by reference in these  
rules:  
(a) 29 C.F.R. §1903.2 “Posting of notice; availability of the act, regulations and  
applicable standards.” amended October 19, 2015.  
(b) 45 C.F.R. § 164.512 “Uses and disclosures for which an authorization or  
opportunity to agree or object is not required,” amended January 6, 2016.  
(2) The standards adopted in these rules are available from the United States  
Government Printing Office website: www.ecfr.gov, at no charge as of the time of  
adoption of these rules.  
(3) The standards adopted in these rules are available for inspection at the  
Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section,  
P.O. Box 30643, Lansing, Michigan, 48909-8143.  
(4) The standards adopted in these rules may be obtained as shown in these rules or  
may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA  
Regulatory Services Section, P.O. Box 30643, Lansing, Michigan, 48909-8143, plus  
$20.00 for shipping and handling.  
(5) The following MIOSHA standards are referenced in these rules. Up to 5 copies  
of these standards may be obtained at no charge from the Michigan Department of  
Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, P.O. Box  
30643, Lansing, Michigan, 48909-8143 or via the internet at website:  
www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the  
time of adoption of these rules, is 4 cents per page.  
(a) Occupational Health Standard Part 380 “Occupational Noise Exposure in  
General Industry,” R 325.60101 to R 325.60128.  
(b) Occupational Health Standard Part 554 “Bloodborne Infectious Diseases,”  
R 325.70001 to R 325.70018.  
History: 2015 AACS; 2016 AACS.  
R 408.22103 Exceptions; applicability; petitions.  
Rule 1103. (1) Both of the following provisions apply to exemptions based on  
employee numbers and industry classifications:  
(a) If your company had 10 or fewer employees at all times during the last calendar  
year, you do not need to keep MIOSHA injury and illness records unless MIOSHA, the  
United States Bureau of Labor Statistics (BLS), or the United States Department of Labor  
Occupational Safety and Health Administration (OSHA), informs you, in writing, that  
you must keep records according to R 408.22141, R 408.22141a, R 408.22141b, or  
R 408.22142. However, as required by R 408.22139, all employers covered by the act  
shall report to MIOSHA any workplace incident that results in a fatality, inpatient  
hospitalization, amputation, or loss of an eye.  
(b) If your company had more than 10 employees at any time during the last  
calendar year, you must keep MIOSHA injury and illness records unless your  
establishment is classified as a partially exempt industry under this rule.  
Page 2  
(2) Both of the following provisions apply to implementation of employee number  
based exemptions:  
(a) Is the partial exemption for size based on the size of my entire company or on the  
size of an individual business establishment? The partial exemption for size is based on  
the number of employees in the entire company.  
(b) How do I determine the size of my company to find out if I qualify for the partial  
exemption for size? To determine if you are exempt because of size, you must determine  
your company's peak employment during the last calendar year. If you did not have more  
than 10 employees at any time in the last calendar year, then your company qualifies for  
the partial exemption for size.  
(3) Both of the following provisions apply to basic requirements for partial  
exemption for establishments in certain industries:  
(a) If your business establishment is classified in a specific industry group listed in  
Appendix A, you do not need to keep MIOSHA injury and illness records unless  
MIOSHA, the United States Bureau of Labor Statistics (BLS), or the United States  
Department of Labor Occupational Safety and Health Administration (OSHA), informs  
you, in writing, that you must keep the records according to R 408.22141, R 408.22141a,  
R 408.22141b, or R 408.22142. However, all employers must report to MIOSHA any  
workplace incident that results in an employee’s fatality, inpatient hospitalization,  
amputation, or loss of an eye as required by R 408.22139.  
(b) If 1 or more of your company's establishments are classified in a nonexempt  
industry, then you must keep MIOSHA injury and illness records for all of such  
establishments unless your company is partially exempted because of size under these  
rules.  
(4) Is the partial industry classification exemption based on the industry  
classification of my entire company or on the classification of individual business  
establishments operated by my company? The partial industry classification exemption  
applies to individual business establishments. If a company has several business  
establishments engaged in different classes of business activities, some of the company’s  
establishments may be required to keep records, while others may be partially exempt.  
(5) How do I determine the correct North American Industry Classification System  
(NAICS) code for my company or for individual establishments? You may determine  
your NAICS code by using 1 of the following methods, or you may contact your nearest  
OSHA office or state agency for help in determining your NAICS code:  
(a) You may use the search feature at the U.S. Census Bureau NAICS main Web  
page: http://www.census.gov/eos/www/naics/. In the search box for the most recent  
NAICS, enter a keyword that describes your kind of business. A list of primary business  
activities containing that keyword and the corresponding NAICS codes will appear.  
Choose the 1 code that most closely corresponds to your primary business activity, or  
refine your search to obtain other choices.  
(b) Rather than searching through a list of primary business activities, you may also  
view the most recent complete NAICS structure with codes and titles by clicking on the  
link for the most recent NAICS on the U.S. Census Bureau NAICS main Web page:  
http://www.census.gov/eos/www/naics/. Then click on the 2-digit sector code to see all  
the NAICS codes under that sector. Then choose the 6-digit code of your interest to see  
the corresponding definition, as well as cross-references and index items, when available.  
Page 3  
(c) If you know your old standard industrial classification (SIC) code, you can also  
find the appropriate 2002 NAICS code by using the detailed conversion (concordance)  
between the 1987 SIC and 2002 NAICS available in Excel format for download at the  
‘‘Concordances’’ link at the U.S. Census Bureau NAICS main Web page:  
(6) The department of licensing and regulatory affairs shall supply copies of the  
forms provided for in these rules and shall compile, correct, and analyze data obtained  
pursuant to these rules. The department shall process petitions for exceptions to these  
rules from public employers. The Occupational Safety and Health Administration  
(OSHA) of the United States Department of Labor shall process petitions for exceptions  
from private employers to ensure uniformity between federal and state rules.  
History: 1979 AC; 1983 AACS; 1998-2000 AACS; 2001 AACS; 2002 AACS; 2015 AACS; 2016  
AACS.  
R 408.22104 Definitions; A to D.  
Rule 1104. (1) "Act" means the Michigan occupational safety and health act  
(MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094.  
(2) "Affected employee" means an employee who is affected by the granting or  
denial of an exception, or an authorized representative as defined by the act.  
(3) “Amputation” means the traumatic loss of a limb or other external body part.  
Amputation includes all of the following:  
(a) A part, such as a limb or appendage, that has been severed, cut off, or amputated,  
either completely or partially.  
(b) Fingertip amputations with or without bone loss.  
(c) Medical amputations resulting from irreparable damage.  
(d) Amputations of body parts that have since been reattached. Amputations do not  
include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped  
teeth.  
(4) "Department" means the department of licensing and regulatory affairs.  
(5) "Director" means the director of the department of licensing and regulatory  
affairs.  
History: 1979 AC; 1998-2000 AACS; 2015 AACS; 2016 AACS.  
R 408.22105 Definitions; E, F.  
Rule 1105. (1) “Employer” means an individual or organization, including the state  
or a political subdivision, which employs 1 or more person.  
(2) “Establishment” means a single physical location where business is conducted or  
where services or industrial operations are performed. For activities where employees do  
not work at a single physical location, such as construction; transportation;  
communications; electric, gas, and sanitary services; and similar operations, the  
establishment is represented by main or branch offices, terminals, stations, and the like  
that either supervise the activities or are the base from which personnel carry out the  
activities. The following are examples of an establishment:  
Page 4  
(a) Factory.  
(b) Mill.  
(c) Store.  
(d) Hotel.  
(e) Restaurant.  
(f) Movie theater.  
(g) Farm.  
(h) Ranch.  
(i) Bank.  
(j) Sales office.  
(k) Warehouse.  
(l) Central administrative office.  
(m) Single school within a school district.  
(n) City garage within the department of public works.  
(o) Branch office of the department of state.  
(p) Police station within the police department of a city.  
(3) “First-aid” means any of the following:  
(a) Using a nonprescription medication at nonprescription strength. For medications  
available in both prescription and nonprescription form, a recommendation by a  
physician or other licensed health care professional to use a nonprescription medication at  
prescription strength is considered medical treatment for recordkeeping purposes.  
(b) Administering tetanus immunizations. Other immunizations, such as hepatitis B  
vaccine or rabies vaccine, are considered medical treatment.  
(c) Cleaning, flushing, or soaking wounds on the surface of the skin.  
(d) Using wound coverings such as bandages, Band-aidstm, gauze pads, or the like;  
or using butterfly bandages or Steri-stripstm. Other wound closing devices, such as  
sutures, staples, and the like, are considered medical treatment.  
(e) Using hot or cold therapy.  
(f) Using any nonrigid means of support, such as elastic bandages, wraps, nonrigid  
back belts, or the like. Devices that have rigid stays or other systems designed to  
immobilize parts of the body are considered medical treatment for recordkeeping  
purposes.  
(g) Using temporary immobilization devices while transporting an accident victim,  
such as splints, slings, neck collars, backboards, and the like.  
(h) Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a  
blister.  
(i) Using eye patches.  
(j) Removing foreign bodies from the eye using only irrigation or a cotton swab.  
(k) Removing splinters or foreign material from areas other than the eye by  
irrigation, tweezers, cotton swabs, or other simple means.  
(l) Using finger guards.  
(m) Using massages. Physical therapy or chiropractic treatment is considered  
medical treatment for recordkeeping purposes.  
(n) Drinking fluids for relief of heat stress.  
History: 1979 AC; 1983 AACS; 1986 AACS; 2001 AACS; 2015 AACS.  
Page 5  
R 408.22106 Definitions; H to M.  
Rule 1106. (1) “Hospitalization” means the inpatient admission to a hospital for  
treatment, observation, or any other reason.  
(2) “Inpatient hospitalization” means the formal admission to the inpatient service of  
a hospital or clinic for care or treatment.  
(3) "Medical treatment" means the management and care of a patient to combat  
disease or disorder. For the purposes of these rules, "medical treatment" does not include  
any of the following:  
(a) Visits to a physician or other licensed health care professional solely for  
observation or counseling.  
(b) The conduct of diagnostic procedures, such as x-rays and blood tests, including  
the administration of prescription medications used solely for diagnostic purposes, for  
example, eye drops to dilate pupils.  
(c) "First-aid" as defined in R 408.22105(3).  
History: 1979 AC; 1983 AACS; 2001 AACS; 2015 AACS.  
R 408.22107 Definitions; O to Y.  
Rule 1107. (1) "Occupational injury or illness" means an abnormal condition or  
disorder. Occupational injury is a result of a work accident or from an exposure involving  
a single incident in the work environment and includes, but is not limited to, a cut,  
fracture, sprain, or amputation. Occupational illnesses include both acute and chronic  
illnesses, including, but not limited to, a skin disease, respiratory disorder, or poisoning.  
Injuries and illnesses are recordable only if they are new, work-related cases that meet 1  
or more of the recording criteria of these rules.  
(2) "Other potentially infectious material" means other potentially infectious  
material as defined in Occupational Health Standard Part 554 “Bloodborne Infectious  
Diseases,” as referenced in R 408.22102a. These materials include the following:  
(a) Human bodily fluids, tissues, and organs.  
(b) Other materials infected with the HIV or hepatitis B (HBV) virus, such as  
laboratory cultures or tissues from experimental animals.  
(3) "Physician or other licensed health care professional" means a physician or other  
licensed health care professional who is an individual and whose legally permitted scope  
of practice, that is, license, registration, or certification, allows him or her to  
independently perform, or be delegated the responsibility to perform, the activities  
described by these rules.  
(4) "Recordable injuries and illness" means an injury or illness that meets the  
general recording criteria, and therefore is recordable, if it results in any of the following:  
(a) Death.  
(b) Days away from work.  
(c) Restricted work or transfer to another job.  
(d) Medical treatment beyond first-aid.  
(e) Loss of consciousness.  
An employer must also consider a case as meeting the general recording criteria if it  
involves a significant injury or illness diagnosed by a physician or other licensed health  
Page 6  
care professional, even if it does not result in death, days away from work, restricted  
work or job transfer, medical treatment beyond first-aid, or loss of consciousness.  
(5) "Standard threshold shift" means a change in the hearing threshold relative to the  
baseline audiogram of an average of 10 dB or more at 2000, 3000, and 4000 Hz in either  
ear.  
(6) "You" means an employer as defined in section 5 of 1974 PA 154, MCL  
408.1005.  
History: 1979 AC; 2001 AACS; 2002 AACS; 2015 AACS.  
R 408.22108 Rescinded.  
History: 1986 AACS; 2001 AACS.  
R 408.22109 Recording criteria.  
Rule 1109. (1) Each employer required to keep records of fatalities, injuries, and  
illnesses must record each fatality, injury, and illness that involves all of the following:  
(a) Is work-related.  
(b) Is a new case.  
(c) Meets 1 or more of the general recording criteria of R 408.22112 to  
R 408.22112f or the application to specific cases of R 408.22113 to R 408.22119.  
(2) What sections of this rule describe recording criteria for recording work-related  
injuries and illnesses? The following list indicates which rules address each topic:  
(a) Determination of work-relatedness. See R 408.22110 to R 408.22110b.  
(b) Determination of a new case. See R 408.22111.  
(c) General recording criteria. See R 408.22112 to R 408.22112f.  
(d) Additional criteria such as needlestick and sharps injury cases, tuberculosis  
cases, and medical removal cases. See R 408.22113 to R 408.22119.  
(3) How do I decide whether a particular injury or illness is recordable? The  
following decision tree for recording work-related injuries and illnesses shows the steps  
involved in making this determination:  
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NO  
NO  
Did the employee experience an  
injury or illness?  
YES  
Is the injury or illness work-  
related?  
YES  
Is the injury or illness a  
new case?  
NO  
Update the previously  
recorded injury or illness  
entry if necessary.  
YES  
NO  
YES  
Does the injury or illness meet the  
general recording criteria or the  
application to specific cases?  
Do not record the  
injury or illness.  
Record the injury  
or illness.  
History: 2001 AACS; 2015 AACS.  
R 408.22110 Basic requirement.  
Rule 1110. You 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  
or significantly aggravated a preexisting injury or illness. Work-relatedness is presumed  
for injuries and illnesses resulting from events or exposures occurring in the work  
environment, unless an exception in R 408.22110a(5) specifically applies.  
History: 2001 AACS; 2015 AACS.  
Editor's Note: An obvious error in R 408.22110 was corrected at the request of the promulgating  
agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule  
containing the error was published in Annual Administrative Code Supplement, 2015. The memorandum  
requesting the correction was published in Michigan Register, 2017 MR 6.  
R 408.22110a Implementation.  
Rule 1110a. (1) What is the "work environment"? MIOSHA defines the work  
environment as “the establishment and other locations where 1 or more employees are  
working or are present as a condition of their employment. The work environment  
Page 8  
includes not only physical locations, but also the equipment or materials used by the  
employee during the course of his or her work.”  
(2) May 1 business location include 2 or more establishments? Normally, 1 business  
location has only 1 establishment. Under limited conditions, an employer may consider 2  
or more separate businesses that share a single location to be separate establishments. An  
employer may divide 1 location into 2 or more establishments only when all of the  
following provisions apply:  
(a) Each of the establishments represents a distinctly separate business.  
(b) Each business is engaged in a different economic activity.  
(c) A single industry description in the North American Industry Classification  
System Manual (NAICS) does not apply to the joint activities of the establishments  
(d) Separate reports are routinely prepared for each establishment on the number of  
employees, their wages and salaries, sales or receipts, and other business information. For  
example, if an employer operates a construction company at the same location as a  
lumber yard, the employer may consider each business to be a separate establishment.  
(3) May an establishment include more than 1 physical location? Yes, but only  
under certain conditions. An employer may combine 2 or more physical locations into a  
single establishment only when all of the following provisions apply:  
(a) The employer operates the locations as a single business operation under  
common management.  
(b) The locations are all located in close proximity to each other.  
(c) The employer keeps 1 set of business records for the locations, such as records  
on the number of employees, their wages and salaries, sales or receipts, and other kinds  
of business information. For example, 1 manufacturing establishment might include the  
main plant, a warehouse a few blocks away, and an administrative services building  
across the street.  
(4) If an employee telecommutes from home, is his or her home considered a  
separate establishment? No. For an employee who telecommutes from home, the  
employee's home is not a business establishment and a separate 300 Log is not required.  
An employee who telecommutes must be linked to 1 of your establishments under  
R 408.22130(4).  
(5) Are there situations where an injury or illness occurs in the work environment  
and is not considered work-related? Yes. An injury or illness occurring in the work  
environment that falls under any of the following exceptions is not work-related, and  
therefore is not recordable:  
R 408.22110  
a(5)  
YOU ARE NOT REQUIRED TO RECORD  
INJURIES AND ILLNESSES IF...  
At the time of the injury or illness, the employee was present in  
the work environment as a member of the general public rather than  
as an employee.  
(a)  
(b)  
The injury or illness involves signs or symptoms that surface at  
work but result solely from a non-work-related event or exposure that  
occurs outside the work environment.  
Page 9  
R 408.22110  
a(5)  
YOU ARE NOT REQUIRED TO RECORD  
INJURIES AND ILLNESSES IF...  
The injury or illness results solely from voluntary participation in  
a wellness program or in a medical, fitness, or recreational activity  
such as blood donation, physical examination, flu shot, exercise class,  
racquetball, or baseball.  
(c)  
The injury or illness is solely the result of an employee eating,  
drinking, or preparing food or drink for personal consumption  
whether bought on the employer's premises or brought in. For  
example, if the employee is injured by choking on a sandwich while  
in the employer's establishment, the case would not be considered  
work-related.  
(d)  
Note: If the employee is made ill by ingesting food contaminated  
by workplace contaminants, such as lead, or gets food poisoning from  
food supplied by the employer, then the case would be considered  
work-related.  
The injury or illness is solely the result of an employee doing  
personal tasks, unrelated to his or her employment, at the  
establishment outside of the employee's assigned working hours.  
(e)  
(f)  
The injury or illness is solely the result of personal grooming,  
self-medication for a non-work-related condition, or is intentionally  
self-inflicted.  
The injury or illness is caused by a motor vehicle accident and  
occurs on a company parking lot or company access road while the  
employee is commuting to or from work.  
(g)  
(h)  
The illness is the common cold or flu. Note: Contagious diseases  
such as tuberculosis, brucellosis, hepatitis A, or plague are considered  
work-related if the employee is infected at work.  
The illness is a mental illness. Mental illness will not be  
considered work-related unless the employee voluntarily provides the  
employer with an opinion from a physician or other licensed health  
care professional who has appropriate training and experience, such  
as a psychiatrist, psychologist, psychiatric nurse practitioner, or the  
like, stating that the employee has a mental illness that is  
work-related.  
(i)  
History: 2015 AACS; 2016 AACS.  
R 408.22110b How to handle unusual cases.  
Page 10  
Rule 1110b. (1) How do I handle a case if it is not obvious whether the precipitating  
event or exposure occurred in the work environment or occurred away from work? In  
these situations, you must evaluate the employee's work duties and environment to decide  
whether or not 1 or more events or exposures in the work environment either caused or  
contributed to the resulting condition or significantly aggravated a preexisting condition.  
(2) How do I know if an event or exposure in the work environment "significantly  
aggravated" a preexisting injury or illness? A preexisting injury or illness has been  
significantly aggravated, for purposes of MIOSHA injury and illness recordkeeping,  
when an event or exposure in the work environment results in any of the following:  
(a) Death, if the preexisting injury or illness would likely not have resulted in death  
but for the occupational event or exposure.  
(b) Loss of consciousness, provided that the preexisting injury or illness would  
likely not have resulted in loss of consciousness but for the occupational event or  
exposure.  
(c) One or more days away from work, or days of restricted work, or days of job  
transfer that otherwise would not have occurred but for the occupational event or  
exposure.  
(d) Medical treatment in a case where medical treatment was not needed for the  
injury or illness before the workplace event or exposure, or a change in medical treatment  
was necessitated by the workplace event or exposure.  
(3) Which injuries and illnesses are considered preexisting conditions? An injury or  
illness is a preexisting condition if it resulted solely from a non-work-related event or  
exposure that occurred outside the work environment.  
(4) How do I decide whether an injury or illness is work-related if the employee is  
on travel status at the time the injury or illness occurs? Injuries and illnesses that occur  
while an employee is on travel status are work-related if, at the time of the injury or  
illness, the employee was engaged in work activities "in the interest of the employer."  
Examples of such activities include travel to and from customer contacts, conducting job  
tasks, and entertaining or being entertained to transact, discuss, or promote business.  
Work-related entertainment includes only entertainment activities being engaged in at the  
direction of the employer.  
(5) Injuries or illnesses that occur when the employee is on travel status do not have  
to be recorded if the injuries or illnesses meet any of the following exceptions:  
Page 11  
If  
the  
R 408.22110  
b(4)  
You may use the following to determine if an  
injury or illness is work-related.  
employee has  
...:  
(a)  
Checked  
When a traveling employee checks into a hotel,  
into a hotel or motel, or other temporary residence, he or she  
motel for 1 or establishes a "home away from home." You must  
more days.  
evaluate the employee's activities after he or she  
checks into the hotel, motel, or other temporary  
residence for his or her work-relatedness in the  
same manner as you evaluate the activities of a  
non-traveling employee. When the employee  
checks into the temporary residence, he or she is  
considered to have left the work environment.  
When the employee begins work each day, he or  
she re-enters the work environment.  
If the  
employee has established a "home away from  
home" and is reporting to a fixed worksite each  
day, you also do not consider injuries or illnesses  
work-related if they occur while the employee is  
commuting between the temporary residence and  
the job location.  
Injuries or illnesses are not considered  
work-related if they occur while the employee is on  
a personal detour from a reasonably direct route of  
travel, that is, has taken a side trip for personal  
reasons.  
Taken  
detour  
personal  
reasons.  
a
for  
(b)  
(6) How do I decide if a case is work-related when the employee is working at  
home? Injuries and illnesses that occur while an employee is working at home, including  
work in a home office, will be considered work-related if the injury or illness occurs  
while the employee is performing work for pay or compensation in the home, and the  
injury or illness is directly related to the performance of work rather than to the general  
home environment or setting. For example, if an employee drops a box of work  
documents and injures his or her foot, the case is considered work-related. If an  
employee's fingernail is punctured by a needle from a sewing machine used to perform  
garment work at home, becomes infected and requires medical treatment, the injury is  
considered work-related. If an employee is injured because he or she trips on the family  
dog while rushing to answer a work phone call, the case is not considered work-related. If  
an employee working at home is electrocuted because of faulty home wiring, the injury is  
not considered work-related.  
History: 2015 AACS.  
Page 12  
R 408.22111 Determination of new cases.  
Rule 1111. (1) Basic requirement. You must consider an injury or illness to  
be a "new case" if either of the following applies:  
(a) The employee has not previously experienced a recorded injury or illness of  
the same type that affects the same part of the body.  
(b) The employee previously experienced a recorded injury or illness of the same  
type that affected the same part of the body but had recovered completely (all  
signs and symptoms had disappeared) from the previous injury or illness and an  
event or exposure in the work environment caused the signs or symptoms to reappear.  
(2) Implementation. When an employee experiences the signs or symptoms of a  
chronic work-related illness, do I need to consider each recurrence of signs or  
symptoms to be a new case? No, for occupational illnesses where the signs or symptoms  
may recur or continue in the absence of an exposure in the workplace, the case must  
only be recorded once. Examples include occu