OSHA Provides Letter of Interpretation on Injuries Caused by Personal Lithium-Ion Batteries

OSHA published a letter of interpretation regarding the recordkeeping regulation at 29 CFR 1904, addressing whether workplace injuries resulting from the use of personal rechargeable lithium-ion batteries are work-related for purposes of OSHA recordkeeping. Interpretation letters provided by OSHA clarify how it applies existing regulations to specific factual circumstances; they do not create new legal obligations but reflect the agency’s enforcement position.

Background

OSHA issued an interpretation explaining how its existing injury and illness recordkeeping rule (29 CFR §1904.5) applies when an employee is injured at work by a fire caused by personal lithium-ion batteries brought from home for nonwork use (e.g., e-cigarette batteries carried in a pocket). The question was whether the incident was considered work-related for OSHA log purposes or excluded because the batteries were personal items unrelated to job duties. OSHA analyzed the scenario under its long-standing work-relatedness test and regulatory exceptions.

Key Highlights

Applicability of the §1904.5(b)(3) “Unclear Location” Exception

OSHA determined that the exception for situations where it is unclear whether the precipitating event occurred in the work environment does not apply. Because the fire that caused the injury occurred at the workplace while the employee was present during assigned working hours, it was “obvious” that the event occurred in the work environment. Under §1904.5(a), injuries resulting from events in the workplace are presumed work-related unless a specific exception applies. OSHA emphasized that work need only be a contributing causal factor, and the regulation does not require weighing occupational versus nonoccupational causes. Accordingly, the injury must be considered work-related.

Identification of the Precipitating Event

OSHA clarified that the precipitating event is the fire that caused the injury, not the employee’s earlier conduct of improperly carrying lithium-ion batteries. Recordkeeping determinations focus on the identifiable event producing the injury. Because the injury resulted from a fire that occurred at the workplace, the relevant causal event took place in the work environment, reinforcing the presumption of work-relatedness.

Applicability of the Personal Consumption Exception (§1904.5(b)(2)(iv))

OSHA concluded that the exception for injuries resulting solely from eating, drinking, or preparing food or drink for personal consumption does not apply. The injury did not arise from any food or beverage activity. OSHA reiterated that the eight listed exceptions in §1904.5(b)(2) are exclusive and must be interpreted narrowly. Because none of the elements of this particular exception was met, the injury remains work-related.

Applicability of the Personal Grooming Exception (§1904.5(b)(2)(vi))

The agency determined that the personal grooming exception also does not apply. That exclusion is limited to injuries resulting solely from personal hygiene activities, self-medication for nonwork conditions or intentionally self-inflicted injuries. A burn injury caused by a battery fire does not fall within those categories. Therefore, the regulatory presumption of work-relatedness remains intact.

Effect of Comingling With Employer Property

OSHA stated that it makes no difference whether the battery fire was caused or contributed to by contact with an employer-provided item, such as a metal key used for work. Ownership or source of the item involved does not affect the work-relatedness analysis. Because no enumerated exception applies, the injury must still be treated as work-related for recordkeeping purposes.

Employer Takeaway

Employers should understand that, under OSHA recordkeeping rules, most injuries that occur at the workplace during working hours will be considered work-related—even if they involve an employee’s personal item, personal activity or conduct outside the employer’s control. Recordability is determined primarily by where and when the injury-causing event occurred, not by fault or preventability. Importantly, recording an incident on OSHA logs does not mean the employer violated a standard or is legally liable; it simply reflects compliance with OSHA’s Part 1904 recordkeeping requirements.

This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. © 2026 Zywave, Inc. All rights reserved.