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OSHA 1922.1

Definitions for Part 1922

12 Questions & Answers

Questions & Answers

Under 1922.1(a), what does the term "Act" mean for Part 1922 investigational hearings?

Under 1922.1(a) the term "Act" means the Longshoremen's and Harbor Workers' Compensation Act. This definition is found in 1922.1(a).

  • Use this definition whenever the term "Act" appears in Part 1922 rules about investigational hearings.

Under 1922.1(b), who or what is the "Board" referred to in Part 1922?

Under 1922.1(b) the term "Board" means the Board of Investigation. See the exact wording in 1922.1(b).

  • This definition identifies which decision-making body is meant when Part 1922 references the "Board."

Under 1922.1(c), what does "Administration" refer to in Part 1922?

Under 1922.1(c) "Administration" means the Occupational Safety and Health Administration. The definition is available at 1922.1(c).

  • When Part 1922 uses the word "Administration," it is referring specifically to OSHA (the federal agency).

Under 1922.1(d), who is the "Assistant Secretary" referenced in Part 1922?

Under 1922.1(d) the "Assistant Secretary" refers to the Assistant Secretary for Occupational Safety and Health. See 1922.1(d).

  • This title identifies the official with oversight responsibilities for OSHA matters mentioned in Part 1922.

Under 1922.1(e), how does Part 1922 define the term "injury"?

Under 1922.1(e) "injury" means accidental injury or death arising out of and in the course of employment, and such occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury. See the full definition at 1922.1(e).

  • Key elements: it covers both accidental injury and death, and includes occupational diseases or infections that are a natural result of the employment or that naturally/unavoidably follow an accidental injury.

Under 1922.1(e), does "injury" include occupational disease?

Under 1922.1(e) yes — "injury" includes occupational disease when the disease arises naturally out of the employment or naturally or unavoidably results from an accidental injury. The definition is in 1922.1(e).

  • Example: If a worker develops a respiratory disease directly caused by inhaling workplace contaminants, that would fall under the "occupational disease" portion of the definition.

Under 1922.1(e), would a work-related infection from a cut on the job be considered an "injury"?

Under 1922.1(e) a work-related infection from a cut can be considered an "injury" if the infection arises naturally out of the employment or naturally or unavoidably results from the accidental injury (the cut). See the text at 1922.1(e).

  • Practical test: show the cut happened during employment and that the infection is a natural or unavoidable consequence of that cut. If so, the infection is covered by the definition.

Under 1922.1(e), does the definition of "injury" explicitly include death?

Under 1922.1(e) yes — the definition explicitly includes death when it arises out of and in the course of employment. See the wording at 1922.1(e).

  • This means a fatality that is causally connected to the employment falls within the Part 1922 definition of "injury."

Under 1922.1(e), what does "arising out of and in the course of employment" mean in plain language?

Under 1922.1(e) "arising out of and in the course of employment" means the injury or death must have a causal connection to the worker's job duties or workplace conditions and must occur while the worker is performing work or in situations closely connected to work. The definition is stated at 1922.1(e).

  • Plain guidance: there should be a work-related cause (not purely personal) and the event should occur during work time or as a direct result of work activities.
  • Examples: injuries during normal job tasks, injuries during employer-directed travel, or harm caused by workplace hazards generally qualify; purely personal, unrelated activities typically do not.

Under 1922.1(c), does "Administration" refer to state OSHA programs or only the federal agency?

Under 1922.1(c) "Administration" refers specifically to the Occupational Safety and Health Administration (OSHA) as the agency named in the definition. The text is at 1922.1(c).

  • Note: this definition names the federal OSHA agency. State-plan agencies may have equivalent responsibilities within their states, but Part 1922's definition itself uses the federal title "Occupational Safety and Health Administration." For questions about state-plan authority, consult the applicable state plan rules.

Under Part 1922, where do these definitions apply and what is the overall subject of the part?

Under Part 1922 these definitions apply to the rules governing investigational hearings under Section 41 of the Longshoremen's and Harbor Workers' Compensation Act. The part is titled "Investigational Hearings Under Section 41 of the Longshoremen's and Harbor Workers Compensation Act," and the definitions are collected in 1922.1.

  • Use these definitions whenever interpreting terms in the rest of Part 1922 provisions.

Under 1922.1(b), does saying "Board" means "Board of Investigation" define the Board's powers and duties?

Under 1922.1(b) the term "Board" is defined as the "Board of Investigation," but this sentence only names the entity — it does not describe the Board's powers or duties. The definition appears at 1922.1(b).

  • For the Board's specific authority, procedures, and duties, consult the other sections of Part 1922 and related provisions of the Act referenced in 1922.