recordkeeping 2016 - diosh day handouts/recordkeeping_diosh … · sec. of labor v. volks...
TRANSCRIPT
Recordkeeping 2016
Topics and fun •What’s new? •Quick takes •Reporting •And Your Questions
Sec. of Labor v. Volks Constructors
• Recordkeeping violations were "continuing violations" in the sense that every day an OSHA 300 Log was inaccurate constituted a continuing violation
• injury/illness must be recorded within 7 calendar days of receiving information that a recordable case occurred
• U.S. Court of Appeals for the DC Circuit ruled OSHA only has 6 months to cite.
Change to Purpose - 1904.0 • The purpose of this rule (part 1904) is to require
employers to make and maintain accurate records of and report work-related fatalities, injuries, and illnesses, and to make such records available to the Government and to employees and their representatives so that they can be used to secure safe and healthful working conditions.
• For purposes of this part, accurate records are records of each and every recordable injury and illness that are made and maintained in accordance with the requirements of this part.
New proposed language 1904.4(a)
• This obligation to make and maintain an accurate record of each and every recordable fatality, injury, and illness continues throughout the entire record retention period described in Sec. 1904.33.
Forms - 1904.29(b)(3) • How quickly must each injury or illness be recorded?
• You must enter each and every recordable injury or illness
on the OSHA 300 Log and on a 301 Incident Report within seven (7) calendar days of receiving information that the recordable injury or illness occurred.
• A failure to meet this deadline does not extinguish your continuing obligation to make a record of the injury or illness and to maintain accurate records of all recordable injuries and illnesses in accordance with the requirements of this part.
• This obligation continues throughout the entire record retention period
Year-end review and annual summary. 1904.32
• (a) Basic requirement. At the end of each calendar year, you must:
• (1) Review that year's OSHA 300 Log to verify that it contains accurate entries for all recordable injuries and illnesses that occurred during the year, and make any additions or corrections necessary to ensure its accuracy;
• (2) Verify that each injury and illness recorded on the 300 Log, including any injuries and illnesses added to the Log following your year-end review pursuant to Sec. 1904.32(a)(1), is accurately recorded on a corresponding 301 Incident Report form;
What else is new?
Proposed electronic submission of injury and illness records to OSHA. 1904.41
• Quarterly electronic submission of Part 1904 records by establishments with 250 or more employees.
• If your establishment is required to keep records under Part 1904 and had 250 or more employees (including full-time, part-time, temporary, and seasonal workers) at any time during the previous calendar year, you must electronically send to OSHA or OSHA’s designee, on a quarterly basis, all of the information from the records that you keep under Part 1904
20 employees & required to keep the log
• Annual electronic submission of OSHA annual summary form (Form 300A) by establishments with 20 or more employees in designated industries.
• If your establishment had 20 or more employees (including full-time, part-time, temporary, and seasonal workers) at any time during the previous calendar year, and is classified in any of the industries listed in Appendix A to Subpart E of Part 1904, you must electronically send to OSHA or OSHA’s designee, once a year, the information from your completed annual summary form (Form 300A). The information must be submitted no later than March 2 of the year after the calendar year covered by the form.
How would I know about these proposed standards?
Expanded reporting requirements The rule expands the list of severe work-related injuries and illnesses that all covered employers must report to OSHA.
Starting January 1, employers must report to OSHA: • All work-related fatalities within 8 hours (no change) • All work-related in-patient hospitalizations of one or
more employees within 24 hours • All work-related amputations within 24 hours • All work-related losses of an eye within 24 hours
www.osha.gov
• By telephone to the nearest OSHA office during normal business hours.
• By telephone to the 24-hour OSHA hotline – (1-800-321-OSHA or 1-800-321-6742).
• Online - available soon at: www.osha.gov/report_online.
www.osha.gov
How can employers report to OSHA?
What if the fatality or event occurs later? If a fatality occurs within 30 days of the work-related incident, or if an in-patient hospitalization, amputation, or loss of an eye occurs within 24 hours of the work-related incident, then you must report the event to OSHA. If the fatality occurs after more than 30 days of the work-related incident, or if the in-patient hospitalization, amputation, or loss of an eye occurs after more than 24 hours after the work-related incident, then you do not have to report the event to OSHA. You must record these events on your OSHA injury and illness forms.
www.osha.gov
What is an amputation?
An amputation is the traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; amputations of body parts that have since been reattached.
www.osha.gov
Amputations do not include Avulsions (tissue torn away from the body), Enucleations (removal of the eyeball), Deglovings (skin torn away from the underlying tissue), Scalpings (removal of the scalp), Severed ears, Broken or chipped teeth.
www.osha.gov
Heart attack - 1904.39(b)(5) • Do I have to report a work-related fatality
or in-patient hospitalization caused by a heart attack?
• Yes, your local OSHA Area Office director will decide whether to investigate the event, depending on the circumstances of the heart attack.
vehicle accident - 1904.39(b)(3) • Do I have to report the fatality, inpatient hospitalization,
amputation, or loss of an eye if it resulted from a motor vehicle accident on a public street or highway?
• If the motor vehicle accident occurred in a construction work zone, you must report the fatality, in-patient hospitalization, amputation, or loss of an eye.
• If the motor vehicle accident occurred on a public street or highway, but not in a construction work zone, you do not have to report the fatality, inpatient hospitalization, amputation, or loss of an eye to OSHA.
• However, the fatality, in-patient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records.
www.osha.gov/recordkeeping/tutorial
www.osha.gov
For directions and training on How to keep the log, visit
How do I report a fatality, hospitalization, amputation or loss of an eye? Call the nearest OSHA office during normal business hours, or call the 24-hour OSHA hotline 1-800-321-6742. *Soon employers will also be able to report online at www.osha.gov/report_online.
www.osha.gov
Compliance assistance materials
Questions?
Forms - 1904.29 • OSHA 300 form –
– Log of Work-Related Injuries/Illnesses
• OSHA 300-A form – – Summary of Work-Related Injuries/Illnesses
• OSHA 301 form –
– Injury and Illness Incident Report.
Forms - 1904.29
• Complete 300 & 301 within 7 calendar days
• May use equivalent form if it has the same information, readable, and understandable.
• Electronic forms
• Can be kept at another location as long as they can be produced when they are needed
OSHA 300A Form
Company Exec. Certification 1904.32
• Examined the log
• Based on their knowledge of the recordkeeping process, that the summary is accurate and complete
• Company executive – Owner – Officer of the Corporation – Highest ranking management official at facility – Supervisor of highest ranking official on the site
Annual Summary 1904.32
• Review OSHA Form 300 for completeness and accuracy, correct deficiencies
• Complete OSHA Form 300A - estimates
• Certify summary
• Post annual summary between February 1 and April 30
OSHA 301 Form
Purpose - 1904.0 • Employers are required to record work-
related injuries, illnesses and fatalities.
• This does not mean… – the employer or employee was at fault – an OSHA rule has been violated – the employee is eligible for workers'
compensation • From note in standard
Partially exempt
• Size of the company? 11
• If the company had ten (10) or fewer employees at all times during the last calendar year, they do not keep records – Employment for the whole company – Peak employment last calendar year – Include temporary employees
supervised on a day-to-day basis
• The rule also updates the list of industries that are partially exempt from the requirement to routinely keep OSHA injury & illness records (e.g. the OSHA 300 log), due to relatively low occupational injury & illness rates.
• The new rule retains the exemption for any firm with ten or fewer employees, regardless of their industry classification, from the requirement to routinely keep records.
• Reminder: All employers, even those exempt from recordkeeping requirements, must report a work-related fatality, in-patient hospitalization, amputation, or loss of an eye to OSHA.
www.osha.gov
Industry exemptions
www.osha.gov
New list of exempt industries
www.osha.gov
New list of exempt industries
Multiple Establishments 1904.30
• Keep a separate 300 for each establishment that is expected to be in operation for a year
• May keep one OSHA Form 300 for all short-term (less than a year) establishments
• Each employee must be linked with an establishment.
Covered Employees 1904.31
• Employees on payroll
• Employees not on payroll who are supervised (specify output, product or result of the work or supervises the details, means, methods or processes) on a day-to-day basis
• Temporary agencies should not record the cases experienced by workers who are supervised by the using firm
NAM Settlement • A work event must be a discernible
cause of the injury or illness or a significant aggravation of a pre-existing condition
• The burden of proof is on OSHA to show the injury or illness is work-related
General Recording Criteria 1904.7
• An injury or illness is recordable if it results in one or more of the following:
– Death – Days away from work – Restricted work activity – Medical treatment beyond first aid – Loss of consciousness – Significant injury or illness diagnosed by a
physician or other LHCP
Recording Criteria 1904.4
• Covered employers must record each fatality, injury or illness that:
– Is work-related and – Is a new case and – Meets one or more of the criteria contained in
sections 1904.7 through 1904.12
Work relationship 1904.5
• Event or exposure in the work environment caused or contributed to the condition
or • Significantly aggravated a pre-existing injury
or illness.
Nine Exceptions
1. Present as a member of the general public.
2. Symptoms arising in work environment that are solely due to non-work-related event or exposure.
3. Voluntary participation in wellness program, medical, fitness or recreational activity.
4. Eating, drinking or preparing food or drink for personal consumption.
Nine Exceptions 5. Personal tasks outside assigned working
hours. 6. Personal grooming, self medication for
non-work-related condition, or intentionally self-inflicted.
7. Motor vehicle accident in parking lot/access road during commute.
8. Common cold or flu. 9. Mental illness unless medical opinion states work related.
Medical treatment is the management and care of a patient to combat disease or disorder.
It does not include: • Visits to licensed health care professional
solely for observation • Diagnostic procedures • First Aid
First Aid
• Using nonprescription medication at nonprescription strength
• Tetanus immunizations
• Cleaning, flushing, or soaking surface wounds
• Wound coverings, butterfly bandages, Steri-Strips; glue?
• Hot or cold therapy • Non-rigid means of
support – braces? • Temporary immobilization device used to transport accident victims
First Aid • Eye patches • Removing foreign
bodies from eye using irrigation or cotton swab
• Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means
• Drilling of fingernail or toenail, draining fluid from blister
• Finger guards • Massages • Drinking fluids for relief of heat stress
Single dosages considered prescription strength for common
over-the-counter drugs: • Ibuprofen (Advil™) –
– Greater than 467 mg • Diphenhydramine (Benadryl™) –
– Greater than 50 mg • Naproxen Sodium (Aleve™) –
– Greater than 220 mg • Ketoprofen (Orudus KT™) –
– Greater than 25mg
Restricted Work / Job Transfer 1904.7(b)(4)
• Employee is kept from performing one or more of the routine functions (at least once a week) that he or she would otherwise have been scheduled to work.
• or • An employee is kept from working a full
workday
Day counts
• Day zero = day of injury or diagnosis
• Any day off work or restricted is a day.
• Day of release does not count.
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 – Needlestick and sharps injuries
that are contaminated with another person’s blood or other potentially infectious material
Privacy Concern Cases
• Do not enter the name of an employee on the OSHA Form 300 for “Privacy concern cases”.
• Write “Privacy concern” in the name column. • Keep a separate confidential list of the case
numbers and employee names. • Other types of injuries or illnesses cannot be
classified as privacy concern cases • Employer may use discretion in describing the
privacy concern case if he or she believes the worker may be identified
Employee Involvement 1904.35
• Must inform each employee of how to report an injury or illness –Set up system for reporting –Inform each employee of system The employer must establish a procedure for
the reporting of injuries and illnesses and train employees to use the procedure
Prohibition Against Discrimination
1904.36
• Section 11(c) of the OSH Act
• Cannot discriminate against an employee for…
• reporting a work-related fatality, injury, or illness • filing a safety and health complaint • asking for access to the records • exercises any rights afforded by the OSH Act
Penalties • Unadjusted penalty of $1,000 for each year
the OSHA 300 was not properly kept
• Unadjusted penalty of $1,000 for each OSHA 301 that was not filled out at all - $7,000 max
• Unadjusted penalty of $1,000 for each OSHA 301 that was not accurately completed - $3,000 max
OSHA 300A
• An other-than-serious citation will normally be issued for failure to post, certify, or keep it posted for 3 months.
• Unadjusted penalty for this violation will be $1,000.
Failure to report fatalities
• An other-than-serious citation will normally be issued for failure to report such an occurrence.
• The unadjusted penalty will be $5,000.
Answer • an employer can decline to record the case based
on a contemporaneous second provider’s opinion. However, once medical treatment is provided for a work-related injury or illness, or days away from work or work restriction have occurred, the case is recordable.
• OSHA considers evaluations to be contemporaneous if they are conducted within a time frame so that the underlying condition does not change.
• OSHA considers a contemporaneous medical opinion that is best documented, best reasoned and most persuasive as the most authoritative.
