Updates to OSHA’s Recordkeeping and Reporting Rule by OSHA
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Updates to OSHA’s Recordkeeping and Reporting Rule
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Updates to OSHA’s Recordkeeping and Reporting Rule by OSHA
- 1. www.osha.gov Updates to OSHA’s Recordkeeping and Reporting Rule: What events must be reported to OSHA and which employers have to keep records Occupational Safety and Health Administration
- 2. Effective date For workplaces under Federal OSHAFederal OSHA jurisdiction •Final rule becomes effective January 1, 2015 For workplaces in State Plan StatesState Plan States •States encouraged to implement new coverage provisions on January 1, 2015, or as soon after as possible. •Check with your State Plan for their implementation date of the new requirements. www.osha.gov
- 3. 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 the following to OSHA: •All work-related fatalities within 8 hours (same as current requirement) •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
- 4. • Example: • A worker crushes a finger on Monday. • Physicians determine that the finger requires amputation on Tuesday. • The employer has until Wednesday (24 hours from when the amputation occurred) to report to OSHA • Employer has 24 hours from when they learn the amputation has occurred.
- 5. • Provisions That Did Not Change: • Do not need to report fatalities, amputations & hospitalizations that occur as a result of over the road traffic accidents (unless in a work zone) • Admission for observation does not make a case reportable • Do need to report fatal heart attacks
- 6. • How Does OSHA Define 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. • Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth.
- 7. • Loss of eye cases (enucleations): • This reporting requirement applies only when the loss of the eye occurs within 24 hours of the work-related incident.
- 8. • Estimated this rule will lead to 117,000 reports to OSHA per year • On line database will be accessible to public • OSHA will not inspect all reports, OSHA will use other interventions to contact employers about protective measures
- 9. What Will OSHA Do With the Information? www.osha.gov • OSHA will make the information available on a public database that will be searchable by employer name. • OSHA information is available at either osha.gov or data.gov
- 11. • 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: OSHA is developing a new means of reporting events electronically, which will be available soon at www.osha.gov/report_online. www.osha.gov How can employers report to OSHA?
- 12. • 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
- 13. • The previous list of exempt industries was based on the old Standard Industrial Classification (SIC) system, as well as injury & illness data from the Bureau of Labor Statistics (BLS) from 1996, 1997 & 1998. • The new list is based on the North American Industry Classification System (NAICS 2002), as well as BLS data from 2007, 2008 & 2009. www.osha.gov Industry exemptions
- 14. If I have not previously been required to keep records, do I need to start keeping records? •First find your NAICS code at www.census.gov/eos/www/naics •Then visit OSHA’s page at www.osha.gov/recordkeeping2014 to determine if your industry is exempt. www.osha.gov Finding your industry code (NAICS)
- 16. www.osha.gov New list of exemptexempt industries
- 17. How do I keep records? For employers who are new to keeping records, download OSHA’s recordkeeping forms at www.osha.gov/recordkeeping/RKforms www.osha.gov Compliance assistance materials
- 18. How do I fill out the OSHA 300 log? For directions and training on how to keep the log, visit http://www.dol.gov/elaws/OSHARecordke eping.htm www.osha.gov/recordkeeping/tutorial www.osha.gov Compliance assistance materials
- 19. How can I get more information on keeping records? OSHA has answers for many frequently asked questions. Find them by visiting our searchable FAQ page at: www.osha.gov/recordkeeping/faq_search www.osha.gov Compliance assistance materials
- 20. 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
- 22. We Can HelpWe Can Help www.osha.gov 800-321-OSHA (6742))
Editor's Notes
- All covered employers must report all work related fatalities to OSHA within 8 hours: All work related in patient hospitalizations to OSHA within 24 hours (previous requirements were to report only 3 inpatient hospitalizations) All work related amputations to OSHA within 24 hours All related losses of any eye to OSHA within 24 hours Please note: In-patient hospitalization is defined as a formal admission to the in-patient service of a hospital or clinic for care or treatment. Only fatalities occurring within 30 days of the work-related incident must be reported. Only in-patient hospitalizations, amputations, or losses of an eye occurring within 24 hours of the work-related incident must be reported. Employers do not have to report an event if: It resulted from a motor vehicle accident on a public street or highway, except in a construction work zone (employers must report the event if it happened in a construction work zone). It occurred on a commercial or public transportation system (e.g. airplane, subway, bus, ferry, street car, light rail, train). It occurred more than 30 days after the work-related fatality or more than 24 hours after the work-related in-patient hospitalization, amputation, or loss of an eye. If the in-patient hospitalization was for diagnostic testing or observation only. We will not respond to every report with an on-site inspection. We expect to address many of the reports through other types of investigations, but we will engage with employers whose workers have been hurt. We are developing the process to determine which incidents to inspect and which to handle using other types of investigations and interventions.
- All covered employers must report all work related fatalities to OSHA within 8 hours: All work related in patient hospitalizations to OSHA within 24 hours (previous requirements were to report only 3 inpatient hospitalizations) All work related amputations to OSHA within 24 hours All related losses of any eye to OSHA within 24 hours Please note: In-patient hospitalization is defined as a formal admission to the in-patient service of a hospital or clinic for care or treatment. Only fatalities occurring within 30 days of the work-related incident must be reported. Only in-patient hospitalizations, amputations, or losses of an eye occurring within 24 hours of the work-related incident must be reported. Employers do not have to report an event if: It resulted from a motor vehicle accident on a public street or highway, except in a construction work zone (employers must report the event if it happened in a construction work zone). It occurred on a commercial or public transportation system (e.g. airplane, subway, bus, ferry, street car, light rail, train). It occurred more than 30 days after the work-related fatality or more than 24 hours after the work-related in-patient hospitalization, amputation, or loss of an eye. If the in-patient hospitalization was for diagnostic testing or observation only. We will not respond to every report with an on-site inspection. We expect to address many of the reports through other types of investigations, but we will engage with employers whose workers have been hurt. We are developing the process to determine which incidents to inspect and which to handle using other types of investigations and interventions.
- Note: We recommend you make copies of the OSHA fact sheet: “Updates of OSHA’s Recordkeeping Rule: An Overview” (available at www.osha.gov/recordkeeping2014) to bring to your presentation. The fact sheet contains the list of NAICS codes in the finance, insurance, real estate, and parts of the retail and service industries that are newly included for keeping records. Regarding the new list of employers that are exempt from routinely keeping records (e.g. OSHA 300 log), employers in these industries are exempt because the industries have relatively low occupational injury and illness rates. Since 1982, this list has included establishments in retail trade, finance, insurance and real estate and the service industry from the requirements. The new list of exempt industries are listed in the Non-mandatory Appendix A to Subpart B of 29 CFR Part 1904, available at http://www.osha.gov/recordkeeping/ppt1/RK1exempttable.html. To find the list of those industries new to keeping records, please go to http://www.osha.gov/recordkeeping2014/reporting_industries.html. Exempt employers are not required to routinely keep OSHA injury and illness records, unless asked in writing by OSHA, the Bureau of Labor Statistics, or a state agency operating under the authority of OSHA or BLS. Remember – firms with less than ten employees – regardless of what NAICS code or industry they are in – are also exempt from routinely keeping OSHA injury and illness records.
- NAICS = North American Industry Classification System SIC = Standard Industrial Classification The selection of the industries is based on 2007-2009 BLS DART data and on the same formula used in the 1983 and 2001 rulemakings. Industries in NAICS 44-92 with a DART rate of 75% or less of the overall three-year-average DART rate for private industry are partially exempted from recordkeeping requirements.
- To find out if you are required to prepare and maintain records under the updated rule, first determine your NAICS code by: Using the search feature at the U.S. Census Bureau NAICS main webpage. In the search box for the most recent NAICS, enter a keyword that describes your business. Choose the primary business activity that most closely corresponds to you, or refine your search to get more choices. Viewing the most recent complete NAICS tables on the U.S. Census Bureau NAICS main webpage. Select the two-digit sector code and choose a six-digit industry code to read its definition. Using an old SIC code to find your NAICS code using the detailed conversion tables on the U.S. Census Bureau Concordances page. Contacting your nearest OSHA office or State agency for help. Once you have found your NAICS code, you can use the following table to determine if your industry is exempt from the recordkeeping rule. New list of industries exempt from OSHA recordkeeping requirements
- The updated list of exempt industries and the list of newly included are available in the Overview fact sheet and the “Who has to keep records” fact sheet. The updated list of exempt industries is also available at: http://www.osha.gov/recordkeeping/ppt1/RK1exempttable.html. To find a list of newly exempt industries (industries that were not exempt before, but are now), view page 116 of the final rule at http://www.osha.gov/recordkeeping2014/NAICSReporting.pdf.
- The updated list of exempt industries and the list of newly included are available in the Overview fact sheet and the “Who has to keep records” fact sheet. The updated list of exempt industries is also available at: http://www.osha.gov/recordkeeping/ppt1/RK1exempttable.html. To find a list of newly exempt industries (industries that were not exempt before, but are now), view page 116 of the final rule at http://www.osha.gov/recordkeeping2014/NAICSReporting.pdf.