Scenario: Employees bring rechargeable lithium-ion batteries from home to the workplace for use in e-cigarettes, which are not used in any equipment or devices related to their work duties. You also state that, in this scenario, the battery terminals are unprotected and the employee or employees improperly carry these batteries in their pants pocket, a fire is sparked by the batteries, and that the fire results in employee injury.
Question 1: Does the exception to work-relatedness in 29 CFR 1904.5(b)(3) apply to the scenario above because it is not obvious whether the precipitating event occurred in the work environment or occurred away from work?
Question 2: In the above scenario, is the precipitating event the improper carrying of the lithium-ion batteries, or is the precipitating event the fire?
Question 3: Would the exception to work-relatedness at section1904.5(b)(2)(iv) apply in this scenario because the injury is solely the result of an employee bringing something personal on-site for the employee’s personal use?
Question 4: Does the personal grooming exception in section 1904.5(b)(2)(vi) apply under the facts described above?
Question 5: Does it make any difference if the injury is caused (or was contributed to) by the lithium ion battery being co-mingled with an employer-provided item, such as a metallic key used at work?
CLICK HERE for the LOI