Many employees bring personal items containing lithium-ion batteries—such as smartphones, portable chargers, and e-cigarettes—to work. While incidents related to their use are infrequent, they can occur. Employers need to be aware of their recording obligations as injuries resulting from the use of these devices in the workplace may be recordable.
A recent Occupational Safety and Health Administration (OSHA) letter of interpretation addresses the question of whether an employee’s burn injury caused by a personal lithium-ion battery malfunction is classified as a work-related recordable incident. For the scenario described in the January 20, 2026 letter, the answer was yes!
The Scenario
The employer who reached out to OSHA for interpretation on the need to record the incident on their OSHA 300 (Log of Work-Related Injuries and Illnesses) and 300A (Summary of Work-Related Injuries and Illnesses) Forms described the following series of events:
- An employee brought rechargeable lithium-ion batteries for use in e-cigarettes from home to their workplace.
- The batteries weren’t used in any equipment or device related to the employee’s work duties.
- The battery terminals were unprotected, and the employee improperly carried them in their pants pocket.
- The batteries sparked a fire after contacting a metallic key used for work, burning the employee and requiring medical treatment beyond first aid.
OSHA’s Interpretation
In evaluating whether this was a recordable work-related injury, OSHA determined that it was caused by a fire that occurred in the work environment which is defined as the establishment and other locations where one or more employees are working or are present as a condition of their employment.
In addition, OSHA concluded that none of the exceptions from the requirement to record described in the Recording and Reporting Occupational Injuries and Illness Regulation [29 CFR Part 1904.5] applied. Specifically, the injury was deemed not to be the result of the employee being engaged in any of the following exempt activities:
- Eating, drinking, or preparing food or drink for personal consumption (whether bought on the employer’s premises or brought in) [29 CFR 1904.5(b)(2)(iv)].
- Conducting personal tasks (unrelated to their employment) at the establishment outside of the employee’s assigned working hours [29 CFR 1904.5(b)(2)(v)].
- Performing personal grooming, self-medication for a non-work-related condition, or intentionally causing a self-inflicted injury [29 CFR 1904.5(b)(2)(vi)].
In its interpretation letter, the Agency also noted that because it’s difficult in many cases for employers to distinguish between work activities and personal ones that occurred during the workday, the nature of the activity the employee was engaged in at the time of the event or exposure is not relevant in determining work-relatedness, except in those limited circumstances addressed by the exceptions in section 1904.5(b)(2) mentioned above, which did not apply in this case.
In addition, the employer’s lack of control over the event, or absence of fault relating to the injury, does not affect the interpretation. In most cases, employers will be required to record workplace injuries and illnesses even if their cause relates to personal rather than occupational factors.
For help determining the recordability of workplace incidents at your organization, or for assistance with preparing, posting, and submitting your OSHA injury and illnesses forms—contact us!
This blog was written by Beth Graham, Safety Partners’ Director of Quality, Research, and Training.
