OSHA says our ERT members traveling to an emergency at the plant is work activity “in the interest of the employer,” and was traveling as a “condition of employment”

Scenario:

As part of their normal workday, an employee commutes in his personally-owned vehicle from home to the workplace.

At the end of his 8-hour work shift, the employee commutes from the workplace to his home.

Later that same day, there is an emergency at the workplace, and the employee’s supervisor calls him to return to work to assist with resolving the emergency. The employee starts driving back to the workplace but is involved in a motor vehicle accident with another car. The accident results in the employee sustaining an injury and hospitalization.

Question: Is the employee’s injury resulting from the accident during the second trip back to the workplace a recordable injury?

Response: