Presentation on theme: "OSHA Recordkeeping for Occupational Injuries and Illnesses"— Presentation transcript:
1 OSHA Recordkeeping for Occupational Injuries and Illnesses … a Practical Overview and Application of the New Revised Standard
2 Do... Ask a question when you have one Feel free to share an illustrationRequest an example if...Search for ways to apply principles or ideasThink of ways to pass information on
3 Don’t... Try to develop a problem to the extreme Close your mind by saying this is all fine in theory, but...Assume that all topics covered are equally relevant to your needs
4 History of the Regulations Original regulations completed 1971Proposed changes announced in 2/96 (“The Revision of the Injury & Illness Recordkeeping System”)Revision announced 1/18/01Final rule in CFR 1/19/01Revisions and clarifications 7/3/01 [FR Notice]Final rule effective 1/1/02
5 Purpose and Intent of the Standard To record/ report occupational fatalities, injuries, & illnesses.Aid employers with recognizing workplace hazards & correcting hazardous conditionsAllow OSHA to track safety trendsDoes not indicate fault,Or OSHA violated standard,Or injury is WC compensable
6 Why Were New Regulations Necessary? Process simplificationNew issues to trackCurrent form complex, difficult to understandCurrent guidelines too longToo many interpretationsReflect more accuracy with lost time
7 Occupational Injuries & Illnesses OSHA 2001 Revision within 29 CFR 1904 outlines employers’ responsibilities for recording and reporting work-related injuries and illnessesExemptions (determined by SIC code)
8 Who is Exempt from New Rules? Employers < 10 employees at all times during the year.Certain low hazard retail, service, financial, insurance, or real estate SICs. (See List)If injury records already maintained for another federal agency, (e.g., MSHA)Self employed businessesNOTE- Temporary Staffing - If you supervise day to day, cases go on your log!Determine in your contract
9 Employer/Employee Relationship Who provides day-to day-supervision?Who specifies output, product, or result to be accomplished?Who supervises details, means, methods, and processes by which work is accomplished?
10 What Information is to be Recorded? Within 7 days, each fatality, injury or illness that:Is work related and,Is a new case and,Meets one or more of the recording criteria.DEATH or MULTIPLE (3 or more) HOSPITALIZATIONS(report to OSHA within 8 hours)DAYS AWAY FROM WORKRESTRICTED WORK OR TRANSFERMEDICAL TREATMENT BEYOND FIRST AIDLOSS OF CONSCIOUSNESSILLNESS or INJURY DIAGNOSED BY A PHYSICIAN
11 Recording CriteriaCovered employers to record fatality, injuries or illnesses as defined..Must be work related, orA “new” case, orMeets criteria
12 Recording Criteria (Decision Tree) Did the employee experience an injury or illness?NOYESNOIs the injury or illness work related?YESUpdate the previously recorded injury or illness entry if necessaryIs the injury or illness a new case?YESDoes the injury or illness meet the general recording criteria or the application to specific cases?NOYESRecord the injury or illnessDo not record the Injury or illness
13 What Records Must Be Kept? Injury & Illness Log (300) & Summary (300A)Form 301 (unless state form has same criteria)Form 300A must be posted (except for employee name) 2/1- 4/30Both forms (300/300A) must be signed by responsible company officialAccountable for certifying accuracy and completeness of the Log & SummaryOwner, officer, highest ranking company official or immediate supervisor of highest ranking official of companyAll columns year end totals (includes zeros)
14 The 300A Form This form must be posted each February 1- April 30 Update as needed for 5 years, following the end of the year to which they relateChanges reporting of fatalities and catastrophes to exclude some motor carrier and motor vehicle incidentsOSHA allows all recordkeeping forms and summaries to be kept on computer equipment or at alternate location
15 Form 300A Summary Information # Cases[Deaths, LWD’s, Job transfer/ restriction, other recordables and medical incidents]# DaysJob transfer or restriction, # days away from work# Injuries/ Illnesses by Types [Columns M 1-7]Establishment InformationName and addressIndustry description and SIC codeEmployment informationAnnual average # of employees & total hours worked by all employees
16 OSHA Form 301 Injury and Illness Incident Record Required for each entry on logOther forms (WC, insurance) may be substituted if they contain similar informationMust be completed within seven (7) days of employer receiving notice of the injury or illnessMust be kept for five (5) years following end of calendar year
17 Updating to Stay Current During retention period, employers must revise form 300 to include newly discovered information or changes to previously recorded injuries and illnessesIf description or outcome changes, remove original entry and enter new dataAvoid “white out or erasing entries… line outEmployers must revise form 300 at least quarterly if changes have occurredRetain for 5 years following covered year
18 Determining Work Relatedness If event/ exposure [in the work environment]caused or contributed to the resulting condition orsignificantly aggravated a pre-existing injury or illness.Work Environment is defined as...“the establishment [and other locations] where one or more employees are working or are present as a condition of employment. Includes the equipment or materials used by the employee in the course of his or her work.”
19 What is “Significantly Aggravated”? A pre-existing injury or illness is Significantly aggravated if it results inDEATHLOSS OF CONSCIOUSNESSONE OR MORE DAYS AWAY FORM WORKMEDICAL TREATMENT
20 Determining Work Relatedness; Company Ball Fields Company recreational facilities are not considered part of the employer’s premises. The presumption of work relationship for these activities does not apply, unless the employer has required their use.However, employees engaged in work-related activities at these locations are coveredAttendants or specialists working at the recreational facility employed by that facility
21 Company Parking LotsCompany parking lots are considered part of the employer’s premises; hence, injuries on these lots are presumed to be work related.Employees engaged in work-related activities on parking lots (such as resurfacing commencing on a business trip, etc.) are covered.
22 Travel StatusCoverage includes only those activities necessary for the business trip.Normal living activities are excludedNot related when on a “personal Detour”Hotel as a “home away from home”Left work environment when checked inEmployee is considered “on the clock” until reaching their “home away from home”Detour, for personal reasons, is not work related
23 Determining Work Relatedness: Telecommuting from Home An injury or illness is work related if it occurs while the employee is performing work for pay at the home AND it is directly related to performance of the work rather than to the general home environment or setting.
24 What is a “New” Injury or Case? No previously recorded injury or illness of the same type and part of body, OR...A previously recorded injury or illness of the same type/body part, but recovered* completely and a “new” workplace event caused them to reappear.*(all signs/ symptoms had disappeared)
25 What is “First Aid”?One-time treatment (+ follow-up observation) of minor scratches, cuts, burns, splinters, etc., which don’t require medical careOSHA does not require recordkeeping for first aid treatments as defined in the standard
26 What is Considered 1st Aid? Treatments [A-N] are considered First Aid, even if administered by a physician/ HCP...A) use of a non prescription medicationB) Tetanus immunizationsC) Cleaning, flushing or soaking wounds on the skinD) Using wound coverings I.E.....E) Hot or Cold TherapyF) Non rigid support (ace bandages)G) Temporary immobilization devises
27 What is 1st Aid? (cont.)H) Drilling of a finger / toe nail to relieve pressureI) Eye PatchesJ) Irrigating FO from eye with water or cottonK) Removing splinters by irrigation tweezers cotton etcL) Using finger guardsM) Using massagesN) Drinking fluids for heat stressMost other remedies are considered “medical” treatment and must be recorded!
28 Needle Sticks/ Sharps Incident Recording Record all which might have Bloodborne pathogen potential as an injury caseMust use the privacy provisionIf splashed with blood but not cut, record as an illness case
29 Site Controlling Employer SIC codes 15, 16, 17 must have a Site Controlling Employer (SCE)Employer with control over performance, timing, or coordination of workInitial total contract value $1,000,000+Employer retaining another employer (general contractor)Employer with managerial or supervisory authority (manager)
30 Site Controlling Employer/ SCE (continued) Required to keep a separate OSHA 300 form for each establishment expected in operation over 1 yearMay keep one OSHA 300 form for all establishments (short term duration)Each worker must be linked with an establishment.
31 Site Controlling Employer/ SCE (continued) Must keep subcontractor recordsMust keep separate records for subcontractor employees if there are 11 or moreEmployer of subcontractor employee:Must complete OSHA Form 301Must prepare year-end summaryMust update injury/illness recordsMost often, however, subcontractors will be responsible for their own records as long as they fall under the criteria listed within the scope of this standard
32 Recording a “Fatality” Check the box in the column for “Deaths” (G)Report to OSHA within 8 hours of incidentIf OSHA office is closed, call OSHACheck the injury column or choose the type of illness (M)
33 Recording a “Medical Treatment” Case Check the column under “Remained at work - Other Recordable cases” (J)Check the injury column or choose the type of injury (M)Medical treatment is the management and care of a patient to combat disease or a disorder.
34 Days Away From WorkA “days away from work” case may mean the employee:Cannot work due to injury or illnessIs placed on restricted duty or assigned to another job temporarilyNote that OSHA 300 entry is under separate column from “days away from work”Cannot work full-timeCannot perform all duties on his/her permanent job
35 Days Away From Work (continued) Do NOT count as days away from work:The initial day of injury or illnessDO count days the employee would not normally work including vacation, holidays, weekends, etc. IF they weren’t able to do soIf an injured worker takes vacation during the disability period, that time counts as lost timeDisability management planning STILL vital!
36 Days Away From Work (continued) Day count ceases if employee is terminated for reasons unrelated to injury/illnessWork schedules cannot be manipulated to avoid lost time accumulationExtended cases defined as “180 or >”If treating HC provider diagnoses 2 weeks L.T., and worker recovers sooner, signed verification from provider needed to stop count of LT days.Update the log if you go over year endKeep for 5 years
37 Recording a Lost Time (LWD) Case Check the box under the column for “Days Away From Work ” (H)Check the injury column or choose the type of injury (M)Enter the number of days away from work in column (L)Can be estimated for a long absence and updated when actual number is knownMust count all calendar days including weekends, holidays, vacations days etc. regardless of the employees work schedule.
38 Recording a Job Transfer or Restricted Case Restricted work activity occurs whenan employee is kept from performing one or more routine functions of the job oran employee is kept from working a full dayCheck the column under “Remained at work” - “Job Transfer or Restriction” (I)Check the injury column or choose the type of injury (M)Enter the number of days in column (K)Job Transfers must involve change in duties and tasks for portion of workday
39 Cases of Medical “Removal” Under some OSHA’s standards, cases are recordable for “medical removal”e.g.,... Lead, cadmium, methylene chloride, formaldehyde, benzene, etc.“Poisoning” (M5) if result of a workplace chemical exposure; other illnesses include(2) MSD - On hold until 1/1/2003(3) Skin Disorders(4) Respiratory Conditions(5) Poisoning(6) Hearing Loss - On hold until 1/1/2003(7) All others illnesses
40 Who Keeps The Records?Employers for each “establishment” must keep all recordsAn “establishment” is a single physical location in operation for 1 year or more, where business, services, or industrial operations are performedDoes not include parking lots unless work was being performed there at time of injuryTwo distinct operations at one location are treated as separate establishments
41 Where Should Records Be Kept? Records are kept at the establishment where the employee works:If working offsite, keep records at establishment where they report to workIf injured at another establishment within the company, keep records where the injury/illness took placeIf the employee does not report to a regular worksite, keep records at transient worksite or an established central location
42 Where Should Records be Kept? (continued) Log may be kept at an alternate location or by data processing means, as long as:Alternate location receives information to fill out log within seven (7) daysCopy of updated log is present at the establishmentEmployee receives a copy from employer if s/he does not report to or work at a single establishment
43 Access to RecordsGovernment representatives must be given access to Forms 300 and 301If request is made in person, information must be provided in hard copy within four (4) hoursIf request is made in writing, information must be provided within 21 daysForms 300 and 301 must also be made available to employees upon requestIf employee (or authorized rep) requests form # 300, names must be left onGenerally, only 301 is given to employees or representatives
44 Changes to Employer Requirements Establish procedure for employees to report injuries and illnessesProhibited from discriminating against employees who report injuries & IllnessesWith change of ownership, seller must turn over OSHA records to buyer
45 Changes to Employee Rights Gives employees and their reps. access to portions of Form 301 relevant to the employee they representRequires employers to remove employees’ names before providing data to persons not provided access under the rulePrivacy rightsProhibits individual employee’s name on Form 300 for certain types of injuries/illnessesSexual assaults, HIV infections, Mental illness
46 Annual Summary Must be verified for accuracy and updated Must be certified by a company officialMust be posted (300A) each 2/1-4/30
47 TuberculosisCases recordable when employee is exposed to known active TB source andThat employee subsequently contracts the TB infection.