Complying with OSHA’s New Recordkeeping and Mandatory Reporting Requirements David A. Glynn

New Recordkeeping and Mandatory Reporting Requirements 2 Effective January 1, 2015 Two key changes 1.Updated list of industries partially exempted from the rule 2.Expansion of list of severe work-related injuries and illnesses that must be reported to OSHA

Change Number 1 – List of Industries Partially Exempted (a)(1) If your business establishment is classified in a specific industry group listed in appendix A to this subpart, you do not need to keep OSHA injury and illness records unless the government asks you to keep the records under §§ or However, all employers must report to OSHA any workplace incident that results in an employee's fatality, inpatient hospitalization, amputation, or loss of an eye (see § ). New list based on NAICS codes vs SIC codes

Change Number 2 – Reporting of Severe Injuries/Illnesses 4 Existing requirement which continues in effect (a)(1) Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor (a)(2) Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA. New Requirement effective January 1, 2015

Change Number 2 – Reporting of Severe Injuries/Illnesses 5 Effective January 1, 2015 All work-related fatalities within eight (8) hours All work-related: –Inpatient hospitalizations of one or more employees –Amputations –Loss of an eye –These MUST be reported within 24 hours

Change Number 2 – Reporting of Severe Injuries/Illnesses 6 Nuances Must report fatalities within eight (8) hours IF the fatality occurs within thirty (30) days of the work-related incident Must report amputations, loss of an eye, and in-patient hospitalizations IF they occur within twenty four (24) hours of the work-related incident

How to Report to OSHA 7 Previously 2 choices – now expanded to 3 1.Call OSHA’s free and confidential number OSHA (6742) 2.Call the closest OSHA area office – Jackson, MS office = Use the new on-line form (still under development)

What Happens After I Report? 8 OSHA will call the employer Opens the dialog OSHA wants to know: –What caused the injury –What the employer intends to do to remedy the situation OSHA may follow up with an inspection or take no further action Reported information may be posted on the OSHA website –OSHA believes this will encourage employers to ensure a safe work environment

New Reporting Requirements Flow Chart 9

10 Example Cases Fingertip amputation –August 5, 2015 –John Doe and a co-worker were setting a fan unit into position when the tip of Doe’s left fifth digit (“pinky” finger) became pinched between the fan unit and the foundation resulting in a fingertip amputation (approx 1/8”) without bone loss. –Doe was treated and released by the local hospital and returned to work light duty –Does this require an OSHA notification?

11 Example Cases Hospital admission – heat injury –August 11, 2015 –John Doe was on his second day on the job in the Training Center when he began feeling nauseous and dizzy. Doe was offered medical aid, but refused. He completed his shift and went home. Later that night Doe reported to the Hospital E/R where he was admitted for heat exhaustion and impaired kidney function. –Doe recovered and was later released from the hospital and returned to work full duty on August 25, –Does this require an OSHA notification?

12 Example Cases Employee found deceased in the work place –September 4, 2015 –At approximately 5:30 am on September 4, 2015, Jane Doe (a second shift employee) was found unresponsive in her work area by a co-worker who was reporting to work to begin first shift. –Emergency services responded immediately and found the employee unresponsive, with no pulse, and early stages of rigor mortis. –The local coroner was notified, responded, and pronounced Doe deceased of “apparent” natural causes. –Does this require an OSHA notification?

13 Frequently asked questions (FAQs) If my OSHA area office is closed, can I just leave the information on their voice mail/answering machine? What information do I have to report? What about incidents with employee’s involved in motor vehicle accidents on public streets or highways? What about incidents with employee’s which occur on commercial or public transportation systems? Do I have to report a work-related fatality or in-patient hospitalization caused by heart attack? What if I don’t learn about the incident right away? How does OSHA define in-patient hospitalization? How does OSHA define amputation?

14 Questions? New Recordkeeping and Mandatory Reporting Requirements