1. Mahoning Valley Safety Council OSHA Recordkeeping Brian A. Zachetti, CSP

2. OSHA Recordkeeping Story “Air conditioning company fined $1.2 million for recordkeeping violations. OSHA issued 83 willful citations* to Goodman Manufacturing Co. LP and fined the company $1,215,000 for failing to record and improperly recording work-related injuries and illnesses at its Houston air conditioning cooling facility. Apart from this particular investigation, OSHA has implemented a National Emphasis Program on Recordkeeping to assess the accuracy of injuries and illnesses recorded by employers.” Source: OSHA Quicktakes 6/12/2016Ohio BWC Employer Management2

3. 6/12/2016Ohio BWC Employer Management3 Answers To Recordkeeping Questions Contact the local office of the Division of Safety & Hygiene Contact the local OSHA office 1. Toledo 419-259-7542 2. Cleveland 216-522-3818 3. Columbus 614-469-5582 4. Cincinnati 513-841-4132 Contact the Bureau of Labor Statistics in Washington DC at 202-693-1702 Dave Schmidt OSHA Office of Statistical Analysis 202-693-1886 or Schmidt.dave@dol.govSchmidt.dave@dol.gov Rex Tingle OSHA Office of Statistical Analysis (202-693-1926) or Tingle.rex@dol.govTingle.rex@dol.gov Brian Zachetti 330-904-7754 or brian.zachetti@bwc.state.oh.us

4. 6/12/2016Ohio BWC Employer Management4 OSHA Recordkeeping Recordability vs. Compensability Part 1904 Does Not Mention OHIO BWC

5. 6/12/2016Ohio BWC Employer Management5

6. 6/12/2016Ohio BWC Employer Management6

7. 6/12/2016Ohio BWC Employer Management7

8. 6/12/2016Ohio BWC Employer Management8 DART Incident Rate

9. 6/12/2016Ohio BWC Employer Management9 DART Incident Rate

10. 6/12/2016Ohio BWC Employer Management10 Annual Survey (1904.41) Survey for OSHA – If you have been selected to participate in the OSHA injury and illness survey, you must respond within 30 days or you may be subject to inspection and citation

11. 6/12/2016Ohio BWC Employer Management11 http://www.bls.gov/respondents/iif/forms/soii2007.pdf

12. 6/12/2016Ohio BWC Employer Management12 http://www.bls.gov/iif/#record

13. 6/12/2016Ohio BWC Employer Management13 Determination of Recordability 29 CFR 1904,Subpart C (1904.4 – 1904.6)

14. 6/12/2016Ohio BWC Employer Management14 Determination of Recordability (1904.4) The following criteria must be met for a case to be recordable – The employee experienced a work-related injury or illness, and – The case is new, and – The case meets one or more of the general or specific recording criteria

15. Injury/Illness Recordability Criteria Flowchart Did the employee experience an injury or illness? NO Is the injury or illness work-related? YES Is the injury or illness a new case? YES Does the injury or illness meet the general recording criteria or the additional criteria? YES Do not record the injury or illness NO Record the injury or illness Update the previously recorded injury or illness entry if necessary YES Determining Recordability

16. 6/12/2016Ohio BWC Employer Management16 Determination of Recordability Work Relatedness (1904.5)

17. 6/12/2016Ohio BWC Employer Management17 Work-Relatedness You must consider an injury/illness to be work related if an event or exposure in the work environment either caused or contributed to the injury/illness If it is not obvious whether or not the causal event or exposure occurred in the work environment, you must evaluate the work duties and environment in which the event/exposure occurred to make the determination Determining Recordability

18. 6/12/2016Ohio BWC Employer Management18 Work-Relatedness “The establishment and other locations where one or more employees are working or are present as a condition of their employment.” “The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work.” Determining Recordability The Work Environment is:

19. 6/12/2016Ohio BWC Employer Management19 Work-Relatedness If an injury/illness results from an event or exposure in the work environment, work-relatedness is “presumed” However, an injury or illness occurring in the work environment that falls under one of the following nine exceptions is not work-related and therefore not recordable Determining Recordability Presumption of Work-Relatedness

20. 6/12/2016Ohio BWC Employer Management20 Work-Relatedness Exceptions to Presumed Work- Relatedness. The Injury or illness: 1.Occurs when the employee is present in the work environment as a member of the general public 2.Results solely from voluntary participation in a wellness program, or in a medical, fitness, or recreational activity Determining Recordability

21. 6/12/2016Ohio BWC Employer Management21 Work-Relatedness 3.Involves signs and symptoms that surface at work, but result solely from a non-work-related event or exposure 4.Is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption Determining Recordability Exceptions to presumed work- relatedness (cont.) :

22. 6/12/2016Ohio BWC Employer Management22 Work-Relatedness 5.Is solely the result of an employee doing personal tasks at the establishment outside of the employee’s assigned working hours 6.Is solely the result of personal grooming, self-medication for a non-work-related condition, or is intentionally self-inflicted Determining Recordability Exceptions to presumed work- relatedness (cont.) :

23. 6/12/2016Ohio BWC Employer Management23 Work-Relatedness 7.Is caused by a vehicle accident and occurs on a company parking lot or access road while the employee is commuting 8.Is the common cold or flu 9.Is a mental illness (unless specific situations apply) Determining Recordability Exceptions to presumed work- relatedness (cont.) :

24. 6/12/2016Ohio BWC Employer Management24 Work-Relatedness If the employee was engaged in work activities in the interest of the employer at the time of the exposure, the resulting injury or illness is considered work-related Determining Recordability Travel Status

25. 6/12/2016Ohio BWC Employer Management25 Work-Relatedness Injuries/illnesses are not work-related in travel status if they occur while: 1.At the temporary lodging location and not conducting official business (hotel room = “home away from home”) 2.Commuting to/from temporary lodging and the job location 3.Taking a personal detour from the direct route of business travel Determining Recordability Three Exceptions to Work-Relatedness in Travel Status

26. 6/12/2016Ohio BWC Employer Management26 Work-Relatedness The case is work-related if the injury or illness occurs while the employee is performing work for pay or compensation in the home and the case is directly related to the performance of work rather than the general home environment Determining Recordability Working At Home

27. 6/12/2016Ohio BWC Employer Management27 Work-Relatedness You must consider an injury or illness to be work related if an event or exposure in the work environment significantly aggravated a non-work-related pre- existing injury or illness Significant Aggravation Determining Recordability

28. 6/12/2016Ohio BWC Employer Management28 Determination of Recordability New Cases (1904.6)

29. 6/12/2016Ohio BWC Employer Management29 New Cases In order for an injury/illness to be considered recordable it must be new, or a significant aggravation of a pre-existing non-work-related condition If this is a continuation of a previous work- related condition – update the previous record, do not create a new case Determining Recordability

30. 6/12/2016Ohio BWC Employer Management30 Determination of Recordability General Recording Criteria (1904.7)

31. 6/12/2016Ohio BWC Employer Management31 General Recording Criteria An injury or illness is recordable if it results in one or more of the following: – Death – Days away, Job Transfer or Restriction (DART) – Medical attention beyond first aid – Loss of consciousness – Significant injury/illness diagnosed by a PLHCP Determining Recordability

32. 6/12/2016Ohio BWC Employer Management32 General Recording Criteria Work-related fatalities are recordable Record work-related fatalities by entering a check mark in the death column on the OSHA 300 Log Death Determining Recordability

33. 6/12/2016Ohio BWC Employer Management33 General Recording Criteria Work-related cases involving “days away from work” are recordable. A case is a days away from work case: – If the employee could not have worked on any day after the injury or onset of illness – whether or not there was scheduled work – A PLHCP recommends the employee stay at home but the employee comes to work anyway Days Away From Work Determining Recordability

34. 6/12/2016Ohio BWC Employer Management34 Determine the proper number of days away from work: – Count the number of calendar days the employee was unable to work regardless of the schedule – Begin counting from the day after the injury/onset of illness – Cap at 180 days General Recording Criteria Days Away From Work (cont.) Determining Recordability

35. 6/12/2016Ohio BWC Employer Management35 How do I record days away? – Enter the actual number of calendar days in the appropriate space – Put in an estimate whenever the outcome is unknown – Update the system whenever new information becomes available General Recording Criteria Days Away From Work (cont.) Determining Recordability

36. 6/12/2016Ohio BWC Employer Management36 Job transfer and restriction cases are recordable A “Job Restriction” occurs when, because of the injury or illness, the employer or a PLHCP keeps the employee from performing one or more of the “routine functions” of their job, or from working the full work day A “Job Transfer” occurs when an injured or ill employee is assigned to a job other than his/her regular job General Recording Criteria Job Transfer or Restriction Determining Recordability

37. 6/12/2016Ohio BWC Employer Management37 An employee’s “routine functions” are those work activities the employee regularly performs at least once a week. General Recording Criteria Job Transfer or Restriction (cont.) Determining Recordability

38. 6/12/2016Ohio BWC Employer Management38 General Recording Criteria Conflicting Medical Opinions If there are two different medical opinions that conflict, the employer must make a decision as to which recommendation is the most authoritative Generally, the PLHCP with more knowledge and experience is the most authoritative Job Transfer or Restriction (cont.) Determining Recordability

39. 6/12/2016Ohio BWC Employer Management39 General Recording Criteria How do I record? – Enter the actual number of calendar days in the appropriate space – Put in an estimate whenever the outcome is unknown – Update the system whenever new information becomes available Job Transfer or Restriction (cont.) Determining Recordability

40. 6/12/2016Ohio BWC Employer Management40 General Recording Criteria If an injury/illness results in medical treatment it is recordable “Medical Treatment” is the management and care of a patient to combat disease or disorder If medical treatment is recommended, the case is recordable even if the employee does not follow the recommendation Determining Recordability Medical Treatment

41. 6/12/2016Ohio BWC Employer Management41 General Recording Criteria Medical treatment does not include: – Visits to a PLHCP solely for observation or counseling, or – The conduct of diagnostic procedures, or – First Aid Determining Recordability Medical Treatment (cont.)

42. 6/12/2016Ohio BWC Employer Management42 General Recording Criteria First aid treatment is first aid regardless of the person providing the treatment, thus the most highly qualified doctor can provide first aid and a lay person can provide medical treatment Medical Treatment (cont.) Determining Recordability

43. 6/12/2016Ohio BWC Employer Management43 General Recording Criteria If the only treatment provided to the employee is first aid, it is not recordable First aid is limited to the 14 specific treatments listed in the regulation. The following list is all inclusive: First Aid

44. 6/12/2016Ohio BWC Employer Management44 General Recording Criteria 1.Using a non-prescription medication at non-prescription strength 2.Administering Tetanus immunizations 3.Cleaning, flushing or soaking wounds on the surface of the skin 4.Using wound coverings such as bandages, Band-Aids™, gauze pads, etc., or using SteriStrips™, or butterfly bandages First Aid

45. 6/12/2016Ohio BWC Employer Management45 General Recording Criteria 5.Using hot or cold therapy 6.Using any totally non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc. 7.Using temporary immobilization devices while transporting an accident victim (splints, slings, neck collars, or back board). First Aid (cont.)

46. 6/12/2016Ohio BWC Employer Management46 General Recording Criteria 8.Drilling a fingernail or toenail to relieve pressure, or draining fluid from blisters. 9.Using eye patches 10.Using simple irrigation or a cotton swab to remove foreign bodies not embedded in or adhered to the eye First Aid (cont.)

47. 6/12/2016Ohio BWC Employer Management47 General Recording Criteria 11.Using irrigation, tweezers, cotton swab or other simple means to remove splinters or foreign material from areas other than the eye 12.Using finger guards 13.Using massages 14.Drinking fluids to relieve heat stress First Aid (cont.)

48. 6/12/2016Ohio BWC Employer Management48 General Recording Criteria Any work-related injury or illness which involves a loss of consciousness, no matter how short, must be recorded Loss of Consciousness (1904.7) Determining Recordability

49. 6/12/2016Ohio BWC Employer Management49 General Recording Criteria Significant Injuries or Illnesses are always recordable OSHA’s definition of Significant Injury/illness is limited to the following work-related conditions: – Fractured or cracked bones (including teeth) – Punctured ear drum – Chronic irreversible disease – Occupational cancer Significant Injury/Illness (1904.7) Determining Recordability

50. 6/12/2016Ohio BWC Employer Management50 Determination of Recordability Specific Recording Criteria (1904.8 – 1904.11)

51. 6/12/2016Ohio BWC Employer Management51 Specific Recording Criteria The following sections deal with these special circumstances: – Needlestick and sharps injuries (1904.8) – Medical Removal (1904.9) – Hearing Loss (1904.10) – Tuberculosis (1904.11) Determining Recordability

52. 6/12/2016Ohio BWC Employer Management52 Specific Recording Criteria Work-related needlesticks and cuts from sharp objects that are contaminated with blood or potentially infectious material are recordable as an injury If the employee is later diagnosed with a bloodborne disease, the system must be updated to reflect the new outcome and changed to an illness Determining Recordability Needlesticks & Sharps (1904.8)

53. 6/12/2016Ohio BWC Employer Management53 Specific Recording Criteria Blood splashes are not recordable unless they meet the general recording criteria: – Days Away, Restriction/Transfer, Medical treatment beyond first aid, or – Diagnosis of a bloodborne disease If diagnostic tests reveal that the employee contracted a bloodborne disease, then the case would be recordable as an illness Determining Recordability Needlesticks & Sharps (cont.)

54. 6/12/2016Ohio BWC Employer Management54 Specific Recording Criteria If an employee is medically removed under the medical surveillance requirements of a specific OSHA standard, you must record the case If the case involves voluntary medical removal before the criteria are met, you do not need to record the case Determining Recordability Medical Removal (1904.9)

55. 6/12/2016Ohio BWC Employer Management55 Specific Recording Criteria Is the hearing loss work-related? Has the employee suffered a Standard Threshold Shift (an average 10dB loss relative to the most current baseline at 2000, 3000, and 4000 Hz) in one or both ears corrected for aging? Is the employee’s overall hearing level at 25dB or more from audiometric zero? If yes to all above - RECORD Determining Recordability Hearing Loss (1904.10)

56. 6/12/2016Ohio BWC Employer Management56 Specific Recording Criteria If the employee has been occupationally exposed to anyone with a known case of active TB, and the employee subsequently develops a TB infection (positive skin test or diagnosis) record the case. Determining Recordability Tuberculosis (1904.11)

57. 6/12/2016Ohio BWC Employer Management57 General Recording Criteria Review An injury or illness is recordable if it results in one or more of the following: – Death – Days away, Job Transfer or Restriction (DART) – Medical attention beyond first aid – Loss of consciousness – Significant injury/illness diagnosed by a PLHCP Determining Recordability

58. 6/12/2016Ohio BWC Employer Management58 QUESTIONS?