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The final rule thus provides an exception for motor vehicle injury cases san francisco 49ers symbol full printing shirt occurring when employees are commuting to and from work. As discussed in the preamble that accompanies the definition of “establishment” ,

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As discussed in preceding sections of this summary and explanation for section 1904.5, there are sound legal and policy justifications for defining work-relationship broadly san francisco 49ers symbol full printing shirt to include injuries and illnesses that result from events or exposures in the work environment. The proposed exception would effectively “swallow” the geographic presumption theory of causation underpinning the rule by shifting the focus of enquiry in every case to the employee’s specific job duties. As OSHA has noted, the geographic presumption includes some cases in which the illness or injury cannot be directly linked to the stresses imposed by job duties. For example, if an employee trips while walking on a level factory floor and breaks his arm, the injury should be recordable.

The comments supporting the proposed exemption do not, in OSHA’s view, provide a basis for excluding these types of cases from recording on the Log. his would exclude those cases where symptoms arise at work, but are caused by accidents or exposures away from work. The UBC H&SF agrees with the theory of this provision, but emphasizes that the task placed on employers to determine causation by exposures away from work would in many cases be impossible. Also the apportionment of causation is not discussed in this analysis and would allow some to record cases .01 percent caused by work and others to not record cases 99 percent caused by work. For the foregoing reasons, that this requirement is unworkable, we urge it be dropped from the final rule. OSHA has concluded that a limited exception for cases occurring on parking lots is appropriate but that the broader exception proposed is not.