osha’s updated recordkeeping standard
TRANSCRIPT
Jack Fearing, CPEA
OSHA’s UpdatedRecordkeeping Standard:What to Report & Record in 2019….
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
*Effective January 1, 20152
+1.908-303.8359 | FLEMINGTON, NJ
• Purpose and Scope*
• Forms and Records
• The Recording Criteria
• Employee Access & Involvement
• Record Retention & Updating
• 2019 Electronic Submission Requirements
• “Bulletproofing” your records
• Summary / Q&A
Presentation Outline
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
3 +1.908-303.8359 | FLEMINGTON, NJ
DisclaimerDue to the constantly changing nature of governmentregulations, it is impossible to guarantee the total andabsolute accuracy of the material contained herein orpresented. Fearing International Group LLC™ (FIG) cannotand does not assume any responsibility for omissions, errorsor ambiguity contained and will not be held liable in anydegree for any loss, damage or injury caused by any suchomission, error or ambiguity present. It is made available withthe understanding that FIG is not engaged in rendering legal,accounting or professional service in this presentation. If legaladvice is required, the services of such a professional shouldbe sought.
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
To require employers to record
and report work-related
fatalities, injuries and illnesses:
•All Employees on payroll
•Employees not on payroll but
who are supervised on a day-
to-day basis
Purpose & Scope
4
Note: Recording or reporting a work-related injury, illness, or fatality does not mean the employer or employee was at fault, an OSHA rule has been violated, or that the employee is eligible for Workers’ Compensation or other benefits.
+1.908-303.8359 | FLEMINGTON, NJ
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
5 +1.908-303.8359 | FLEMINGTON, NJ
Contractors & Temporary Workers• Contractor supervises employee on a
day-to-day basis:
• Contractor records
• You supervise contractor on a day-to-
day basis:
• You record on your Form 300
One or the other, never both!
1904.5 – Work Environment
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
• All industries in construction, manufacturing, transportation,
maritime, agriculture, utilities and wholesale trade sectors
are still required to complete all three required forms
• The revised rule updates the industries that are exempt
from the requirements due to relatively low I&I rates (State
Plans may differ)
*Effective January 1, 2015
Industry Exemptions*
6 +1.908-303.8359 | FLEMINGTON, NJ
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
Partially Exempt*
*Effective January 1, 2015**North American Industry Classification System
NAICS** Title of NAICS Code
4431 Electronics and Appliance Stores
4481 Clothing Stores
5412 Accounting & Tax Preparation Services
5417 Scientific Research & Development Services
6214 Outpatient Care Centers
6215 Medical & Diagnostic Laboratories
7213 Rooming and Boarding Houses
Table 1: New List of Partially Exempt Industries
7a
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
No Longer Exempt*
*Effective January 1, 2015**North American Industry Classification System
NAICS** Title of NAICS Code
4411 Automotive Dealers
4453 Beer, Wine & Liquor Stores
5311 Lessors of Real Estate
5324 Commercial & Industrial Machinery Rental
6219 Other Ambulatory Healthcare Services
7121 Museums, Historical Sites & Similar Institutions
7139 Other Amusement & Recreation Industries
Table 2: Industries Newly Required to Keep Records
7b
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
8 +1.908-303.8359 | FLEMINGTON, NJ
• OSHA Form 300, Log of Work-
Related Injuries and Illnesses
• OSHA Form 300A, Summary of
Work-Related Injuries and Illnesses
• OSHA Form 301, Injury and Illness
Incident Report
Recordkeeping Forms1904.29 - Forms
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
9 +1.908-303.8359 | FLEMINGTON, NJ
Covered employers must record each fatality, injury or illness
that:
• Is work-related, and/or
• Is a new case, and/or
• Meets one or more of the criteria contained in
1904Note: Employers must enter each recordable case on the form within 7
calendar days of receiving information that a recordable case occurred
The Recording Criteria1904.7 – General Criteria
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
10 +1.908-303.8359 | FLEMINGTON, NJ
The Recording Criteria
1904.7 – General Criteria
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
Medical treatment is the management and care of a patient to combat
an injury, disease or disorder
•It does not include:
• Visits to a PLHCP* solely for observation or counseling
• Diagnostic procedures
• First aid
*Physician or Licensed Health Care Professional
Medical Treatment
+1.908-303.8359 | FLEMINGTON, NJ11
1904.7 – General Criteria
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
+1.908-303.8359 | FLEMINGTON, NJ
• Using nonprescription medication at nonprescription
strength
• Tetanus immunizations
• Cleaning, flushing, or soaking surface wounds
• Wound coverings, butterfly bandages, Steri-Strips
• Hot or cold therapy
• Non-rigid means of support
• Temporary immobilization device used to transport
accident victims
• Many others
First Aid
12
1904.7 (b) (5)
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
The Recording Criteria
13+1.908-303.8359 | FLEMINGTON, NJ
1904.7 – General Criteria
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
14 +1.908-303.8359 | FLEMINGTON, NJ
• The Work Environment is defined as the establishment and
other locations where one or more employees are working
or present as a condition of employment.
• The Work Environment includes not only physical locations,
but also the equipment or materials used by employees
during the course of their work.
Work Environment1904.5
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
The following work-related conditions must always be
recorded at the time of diagnosis by a PLHCP:
• Cancer
• Chronic irreversible disease
• Punctured eardrum
• Fractured or cracked bone or tooth
Significant Diagnosed Injury/Illness
15+1.908-303.8359 | FLEMINGTON, NJ
1904.7 – General Criteria
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
Injuries and illnesses that occur while an employee is working at
home are work-related if they:
• Occur while the employee is performing work for pay or
compensation in the home
• Are directly related to the performance of work rather than the
general home environment
Work at Home
16
1904.7 – General Criteria
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
• An injury or illness that occurs while
an employee is on travel status is
work-related if it occurred while the
employee was engaged in work
activities in the interest of the
employer
• Home away from home
Travel Status
17
Note: Detours for personal reasons are not work-related.
+1.908-303.8359 | FLEMINGTON, NJ
1904.5
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
• Present as a member of the general public
• Symptoms arising in work environment that are
solely due to non-work-related event or exposure
• Voluntary participation in wellness program,
medical, fitness or recreational activity
• Eating, drinking or preparing food or drink for
personal consumption
• Motor vehicle accident in parking lot/access road
during commute
Recording Exceptions:
18 +1.908-303.8359 | FLEMINGTON, NJ
1904.5 – Work-Relatedness
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
19 +1.908-303.8359 | FLEMINGTON, NJ
The Recording Criteria
1904.7 – General Criteria
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
20+1.908-303.8359 | FLEMINGTON, NJ
• If there is a medical opinion regarding
resolution of a case, the employer must
follow that opinion
• If an exposure triggers the recurrence, it
is a new case (e.g., asthma, rashes)
• If signs and symptoms recur even in the
absence of exposure, it is not a new
case (e.g., silicosis, tuberculosis,
asbestosis)
New Cases1904.7 – General Criteria
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
21 1.908-303.8359 | FLEMINGTON, NJ
A pre-existing injury or illness is significantly aggravated when
an event or exposure in the work environment results in any of
the following (which otherwise would not have occurred):
• Death
• Loss of consciousness
• Days away, days restricted or job transfer
• Medical treatment
Significant Aggravation
1904.7 – General Criteria
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
22+1.908-303.8359 | FLEMINGTON, NJ
The Recording Criteria
1904.7 – General Criteria
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
23+1.908-303.8359 | FLEMINGTON, NJ
• Loss of Consciousness
• Medical Removal
• Job Transfer
• Bloodborne Pathogens
• Tuberculosis
• Hearing Loss
Additional Criteria
1904.7 – General Criteria
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
+1.908-303.8359 | FLEMINGTON, NJ
You must record all work-related hearing loss cases where:
• Employee has experienced a Standard Threshold Shift
(STS), and
• Employee’s hearing level is 25 decibels (dB) or more
above audiometric zero [averaged at 2000, 3000, and
4000 hertz (Hz)] in the same ears as the STS
Note: An STS is defined in OSHA’s noise standard at 29 CFR 1910.95(g)(10)(i) as a change in hearing threshold, relative to the baseline audiogram, of an average of 10 dB or more at 2000, 3000, and 4000 Hz in one or both ears
Hearing Loss1904.7 – General Criteria
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
+1.908-303.8359 | FLEMINGTON, NJ
Filling Out the “Log”
(A) (B) (C)Case No.EE NameJob Title
(D) (E) (F)Date of Event
LocationDescription
(G) (H) (I) (J)ChooseONLY
one
(K) (L)Enter
Calendar DaysRecommend
By the PLHCP. Note: A combination of either or both caps at 180 days.
(M) (1-6)ChooseONLY
one
1904.29 - Forms
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
+1.908-303.8359 | FLEMINGTON, NJ
Recording a Fatality1904.29 - Forms
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
+1.908-303.8359 | FLEMINGTON, NJ
Days Away from Work Case1904.29 - Forms
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
+1.908-303.8359 | FLEMINGTON, NJ
Restricted Activity Case 1904.29 - Forms
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
+1.908-303.8359 | FLEMINGTON, NJ
Medical Treatment Case 1904.29 - Forms
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
30 +1.908-303.8359 | FLEMINGTON, NJ
OSHA Form 301 1904.29 - Forms
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
+1.908-303.8359 | FLEMINGTON, NJ
OSHA Form 300 1904.29 - Forms
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
+1.908-303.8359 | FLEMINGTON, NJ
From 300 (Cont..)1904.29 - Forms
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
• Completed & certified by an authorized member of
management
• Posted no later than February 1st
• Kept in place until April 30th
Certifying & Posting the Annual Summary
+1.908-303.8359 | FLEMINGTON, NJ
1904.29 - Forms
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
+1.908.303.8359|FLEMINGTON, NJ
• An equivalent form may be used if it
has the same information, is as
readable and understandable, and
uses the same instructions as the OSHA
form it replaces
• Forms can be kept on a computer as
long as they can be produced when
they are needed (i.e., meet the access
provisions of 1904)
Use of Technology1904.29 - Forms
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
35 +1.908-303.8359 | FLEMINGTON, NJ
Severe Injury/Illness Reporting• Employers must report:
• All work-related fatalities:Within 8 hours
• All work-related in-patient hospitalization:Within 24 hours
• Amputations• Losses of an eye• Report will be made public and OSHA may inspect
Note: Failure to report can bring fines up to $12, 675. per instance.
1904.39
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
Electronic Submission Requirements
+1.908-303.8359 | FLEMINGTON, NJ
SubmissionYear
Establishmentswith 250 or more
employees
Establishmentswith 20-249 employees
SubmissionDeadline
2017 Form 300A Form 300A July 1, 2017
2018 Forms 300, 300A & 301
Form 300A July 1, 2018
2019 300AAnnual Summary
Form 300A March 2, 2019
Note: State plans must adopt identical rules.
1904.41 –Electronic Submission
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
+1.908-303.8359 | FLEMINGTON, NJ
OSHA Injury & Illness Metrics• TCIR = Total Case Incidence Rate:
(N / EH) x 200,000 = TCIRN = Columns G-J on OSHA 300 Log
• DART = Days Away From Work, Restricted Work Activity, and/or Job Transfer:
(N* / EH) x 200,000 = DARTN* = Columns H&I on OSHA 300 Log
N = The total number of recordable cases (injuries & illnesses)N* = The total number of lost, restricted and job transfer daysEH = The total number of exposure hours (hours worked)200,000 = 100 employees working 40 hours per week for 50 weeks (OSHA standard for all industries)
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
Note: According to OSHA the recordkeeping rule supersedes HIPPA regulations
• Employees, former employees
and/or their personal or
authorized employee
representatives have the right to
access the OSHA Form 300 Log.
• The employer must provide
access to the entire Form 300
and may not delete employee
names except for privacy
concern cases.
Access & Retention Requirements1904.35 – Employee Access
• Retain forms for 5 years following
the year that they cover
• Only update the OSHA Form 300
during that period
• Updates on the OSHA Form 300A or
OSHA Form 301 not required
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
Privacy concern cases are:
• An injury or illness to an intimate body part or
reproductive system
• An injury or illness resulting from sexual
assault,
• Mental illness
• HIV infection, hepatitis, tuberculosis
• Needle stick and sharps injuries that are
contaminated with another person’s blood or
other potentially infectious materialNote: Employees can voluntarily request to keep name off for other
illness cases
Employee Privacy Protection
40
1904.29 (b) (6)
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
+1.908-303.8359 | FLEMINGTON, NJ
Common Errors in OSHA Recordkeeping• Checking off more than one type of classification
• Incorrectly identifying the type of injury or illness
• Not providing enough detail about the location of
the injury or illness
• Failure to identify the precise body part when
there is more than one part involved
• Failure to sign the 300A Annual Summary and/or
the incorrect signature
• The accuracy of the lost & restricted days
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
Current Citations & Penalties
VIOLATION TYPEPREVIOUS PENALTY CURRENT PENALTY
OTHER THAN SERIOUSSERIOUS
POSTING REQUIREMENTS
Mandatory penalty for serious violations which may be up to $7,000.
$12,500. per violation
FAILURE TO ABATE $7,000. per day beyond the abatement date
$12,500. per day beyond the abatement date
WILLFUL & REPEAT $70,000. per violation $125,000. per violation
Bipartisan Budget Act of 2015 – Effective Aug 2016
+1.908-303.8359 | FLEMINGTON, NJ
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
+1.908-303.8359 | FLEMINGTON, NJ
• Training employees and encouraging Employee Involvement
• Ensuring Employee Privacy Protection
• Completing, Certifying and Posting the Annual Summary
• Timely submission of the OSHA Form 300A (Annual Summary)
• Establishing a System for Retention and Updating
• Completing OSHA/BLS Surveys
• Conducting & Documenting an Annual Audit
“Bulletproofing” Your Records
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
Questions?
Jack Fearing, CPEAManaging Partner
Fearing International Group LLC+1.908.303.8359 / [email protected]
THANK YOU!
www.fearing-international.com
FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts
4 +1.908-303.8359 | FLEMINGTON, NJ
About the SpeakerJack a Certified Professional Environmental Auditor (CPEA)and the Managing Partner for Fearing International GroupLLC, a Veteran-owned Small Business (VOSB) globaloccupational and aviation safety consulting firm.
He has more than 30 years of experience in occupational safety andhealth management and DOD aviation safety and is a professionalmember of the New Jersey chapter of the American Society of SafetyProfessionals (ASSP). He was the CoPS Safety Professional of the Year(SPY) in 2008.He has extensive hands-on experience in developing OSHA complianceprograms, employee and management training and coordinating withstate and Federal regulatory agencies in both union and non-unionenvironments. He is an OSHA-Authorized 10/30 instructor (501-GeneralIndustry). Jack has a BS from the University of Massachusetts and anM.Ed. from Boston University in Environmental Science. He is a retiredUS Army Lt Colonel and served as a utility helicopter pilot and AviationSafety Officer in a Combat Aviation Brigade.