2 OSHA Recordkeeping Update Jim Shelton, CAS, HNAO
3 Topics New Proposals National Emphasis Program Significant Cases Incentive ProgramsRecent InterpretationsRecordkeeping and Offshore WorkRecordkeeping ResourcesLooking towards 2012
4 New Proposals NPRM June 22, 2011 Change reporting requirement to workplace fatalities and all in-patient hospitalizations within 8 hours and all work-related amputations within 24 hoursChange list of partially exempt industries from SIC system to NAICS and add and delete sectors
5 New Proposals NPRM January 29, 2010 Proposal to restore a column on the OSHA 300 Log to record work related musculoskeletal disorders (MSDs)2001 recordkeeping final rule included the column but was removed before the rule was implementedProposal was withdrawn and was re-instated this year for additional comments
6 Proposed Rules/Out for Comment NPRM May 5, 2010Modernization of OSHA Injury and Illness Data Collection Process. Comments sought on:Modernized electronic record keeping system (Scope, Uses, Methods, Economic Impact…)Linking records to medical records? Workers Compensation?Collect from every employer for every case or subset of employers? Ect……
7 National Emphasis Program CPL Effective Sept 28, 2010Focused on industries with low rates in traditionally high rate industriesBut records are getting closer scrutiny during all inspectionsIn FY inspects done with 91 companies being cited. 332 violations with an average of 3.6 violations eachNot on the FY12 plan. But……
8 National Emphasis Program Top violations included:Unrecorded casesMis-recorded cases involving restricted workIncomplete case descriptionMis-recorded case involving days awayOSHA 300 not certifiedIncomplete OSHA 300 entryIncomplete or missing OSHA 301
9 Recordkeeping Inspections of Note Baton Rouge AO – O&G company and its five subsidiaries issued 38 recordkeeping citations for proposed penalty of $337,500Cincinnati AO – Home improvement company’s two stores issued 11 recordkeeping citations for proposed penalty of $110,000Houston North AO – Manufacturing company issued 83 recordkeeping citations for proposed penalty of $1,215,000
10 Incentive ProgramsSafety incentive program that discourage the reporting of injuries and illnesses could be discriminationIn the VPP, program an incentive program that focuses on injury and illness numbers could be an incentive to not report/record injuries..Incentives should promote safety awareness and worker participationLook at the ‘expectation’ of the rewardVPP memo 5 applies to EE incentives, not manager bonuses
11 Recent Interpretations LOI February 16, 2010Scenario – An employee works from 7 AM to 12 PM and 12:30 PM to 5:30 PM. At 12:20 PM (off the clock) he falls exiting a restroom and receives lacerationsQuestion - Is this an exception for injuries that result solely from employee doing personal tasks outside assigned work hours?
12 Recent Interpretations Answer – Its recordable because it occurred in the work area and it’s within time the employee is normally expected to be present in the work environment. Pay status at time of accident or the fact they punch in or out isn’t relevant. The injury occurred during the normal work schedule (lunch break) and exception only applies if injury occurs when the employee is conducting personal tasks at a time either before or after the normal work schedule
13 Recent Interpretations LOI February 25, 2011Scenario – Employee reports subjective work related aches and pains to co. doctor who treats w 400 mg of ibuprofen and returns employee to work. Employee goes to a doctor who writes a prescription and gives employee a few days offQuestion – Can employer rely on first providers opinion as most authoritative in regards to medical treatment and days away and not record?
14 Recent Interpretations Yes – However once medical treatment is provided (once a prescription is issued treatment has been provided) or the days away or restricted work have occurred the case is recordable. If there are conflicting contemporaneous opinions but medical treatment, days away ect. have not occurred the employer may determine which opinion is most authoritarian and record on that basis. OSHA considers a contemporaneous opinion that is the best documented, best reasoned and most persuasive as the most authoritative
15 Recent Interpretations LOI March 22, 2011Scenario – EE incurred a work related injury on Saturday but didn’t think it was serious enough to see a doctor. Reported to work on scheduled day Monday. Worked 6 hours and left and sought treatment at the ER. He was treated and released with restrictions. He was scheduled to work on Tuesday. On Tuesday before work he said he was in pain and wanted see Dr again. Requested a bonus holiday. Saw doctor and released back to work with restrictions. Since he was on pre-approved holiday and returned on Wednesday. Is Tuesday recordable as day away or restricted?
16 Recent Interpretations Answer – Yes. LHCP recommended a return to work with restrictions. EE decided not to return till Wednesday so it’s recordable. If the LHCP had recommended a return to work but the employee decided not to then it’s not recordable.
17 Recordkeeping and Offshore Work LOI September 1, 2005Question – Is an employee fatality that occurred in a foreign country recordable?No – The OSHA Act only applies within the jurisdictional boundaries of the United States and certain locations listed in Section 4(a), 29 USC 653(a) of the Act
18 Recordkeeping and Offshore Work Recordkeeping applies to employees…U.S Inland watersState territorial seas which is 3 nautical miles from coastline except for 9 nautical miles for Gulf Coast of Florida, Texas, and Puerto RicoOuter Continental Shelf (OCS) for structures permanently affixed to the bottom on OCS lands
19 Recordkeeping and Offshore Work LOI February 6, 2007 (#1)Question – EE working on offshore platform and living on a separate platform and travel back and forth by boat. EE is injured during the transfer in a personnel basket. Recordable?Yes – Furnishing of housing is a condition of employment when EEs are required to use them or are compelled to use due to practical… necessity. Not a home away from home and considered a work activity (travel in interest of the employer)
20 Recordkeeping and Offshore Work LOI February 6, 2007 (#1)Question - EEs working on offshore platform and living on a boat. After work EEs are transferred by basket onto the boat. If injured during the transfer is it recordable?Yes. If living on boat as condition of employment the ‘home away from home’ exception does not apply. The personnel basket attached to the platform is also considered part of the work environment
21 Recordkeeping and Offshore Work LOI February 6, 2007 (#2)FYI - Host employers are required to record injuries of contract employees who are supervised day to day even if not on the employers payroll. Day to day supervision occurs when ‘in addition to specifying the output, product or result to be accomplished by the person’s work, the employer supervises the details, means, methods, and process by which the work is to be accomplished’
27 FY12 On OSHAs Radar PSM in chemical plants Primary metals Nursing homesSilicaIsocyanatesDistracted drivingWorkplace violenceHexavalent chromium
28 FY12 On OSHAs RadarThe NPRM for the Injury and Illness Prevention Program (I2P2) is high priorityManagement dutiesEmployee participationHazard ID and AssessmentHazard Prevention and ControlEducation and TrainingProgram Evaluation and Improvement
29 FY12 On R-VI OSHAs Radar Oil & Gas Cranes in construction Metal fabricationWork ZoneHeatMaritimeDistracted drivingHydrogen Sulfide (new)Confined Spaces (new)
30 Periodic safety classes Facebook HNAO FY12 OutreachPipe handlingPeriodic safety classesSHMS, Intro to OSHA, OSHA Cnst 10-HourFacebookAlso the activities related to the National and Regional emphasis areas
31 Where is OSHA Located? Jim Shelton Compliance Assistance Specialist Houston North Area Office507 N. Sam Houston Pkwy E. Ste. 400Houston, TX
33 DisclaimerThis information has been developed by an OSHA Compliance Assistance Specialist and is intended to assist employers, workers, and others as they strive to improve workplace health and safety. While we attempt to thoroughly address specific topics [or hazards], it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer’s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA’s website at