Downloaded 16 times
![Electromotive 1982
• Lagrange IL
• William Havell, an employee
at had filed a claim against
GM in 1979 under the Illinois
Worker's Comp
• The basis for that claim was
that Havell "injured his body
while working.“
• In March 1982, Havell
submitted to GM, through the
law firm that represented him
in the WC claim, a signed
request for access to "[a]ll
medical and exposure
records" concerning him.
• Electromotive denied this.
• The ALJ rejected GM's
arguments, found a willful
and serious violation in all
three cases, and assessed a
$10,000 penalty in each
case.
• The OSHRC affirmed the
judge's findings of violations,
but find them non-willful and
impose a $1000 penalty in
each case
15](https://image.slidesharecdn.com/gi2017recordkeepingfourhour-170616101109/85/Gi-2017-recordkeeping-four-hour-15-320.jpg)
Uploaded byJohn Newquist
Gi 2017 recordkeeping four hour
This document provides information about OSHA recordkeeping and reporting requirements. It discusses what types of injuries and illnesses must be recorded, how long employers have to report different types of events to OSHA, and penalties for noncompliance. It also summarizes OSHA's site-specific targeting program to inspect workplaces with high injury and illness rates and criminal cases where individuals falsified safety records.
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Gi 2017 recordkeeping four hour
- 1.
- 2. May 2016 • OSHAstill needs a way to walk those in safety roles through what is and isn't a recordable injury. • I continue to see too many people, including those with safety degrees who are convinced if they can get Workers Comp to deny a claim they can take it off the OSHA log (I.e. Positive drug tests). – Pam S 2
- 3. May 2016 • Establishmentswith 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2016 Form 300A by July 1, 2017. • These same employers will be required to submit information from all 2017 forms (300A, 300, and 301) by July 1, 2018. • Beginning in 2019 and every year thereafter, the information must be submitted by March 2. • Establishments with 20-249 employees in certain high-risk industries must submit information from their 2016 Form 300A by July 1, 2017, and their 2017 Form 300A by July 1, 2018. • Beginning in 2019 and every year thereafter, the information must be submitted by March 2 • beginning in 2017. • Employee names will not be collected
- 4. Fatality/Catastrophe Reporting • Reportorally within 8 hours any work-related fatality or incident involving 3 or more in- patient hospitalizations • Do not need to report highway or public street motor vehicle accidents (outside of a construction work zone) • Do not need to report commercial airplane, train, subway or bus accidents • Must report fatal heart attacks •1-800-321-OSHA
- 5. New Rule • Asof January 1, 2015, all employers must report: • All work-related fatalities within 8 hours. • All work-related inpatient hospitalizations, all amputations and all losses of an eye within 24 hours. • You can report to OSHA by: • Calling OSHA’s free and confidential number at 1-800-321- OSHA (6742) • Calling your closest OSHA Area Office during normal business hours – Aurora 630-896-8700 • Using the new online form that will soon be available. “Jordan Barab We will not be inspecting all reports, but we will have some contact with them.”
- 6. Further • Only fatalitiesoccurring within 30 days of the work-related incident must be reported to OSHA. • Further, for an inpatient hospitalization, amputation or loss of an eye, these incidents must be reported to OSHA only if they occur within 24 hours of the work-related incident. The Midwest Region in Chicago is estimating 3000 amputations and 10,000 hospitalization called in in 2015.
- 7. What Information isNeeded? • Employers reporting a fatality, inpatient hospitalization, amputation or loss of an eye to OSHA must report the following information: • Establishment name • Location of the work-related incident • Time of the work-related incident • Type of reportable event (i.e., fatality, inpatient hospitalization, amputation or loss of an eye) • Number of employees who suffered the event • Names of the employees who suffered the event • Contact person and his or her phone number • Brief description of the work-related incident It is considered an ER referral - almost always inspect. Few exceptions that allow a phone and fax that requires an accident investigation, results, and abatement verification.
- 8. Amputation • An amputationis 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 (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, or broken or chipped teeth.
- 9. Hospitalization • No, youdo not have to report an in-patient hospitalization that involves only observation or diagnostic testing. • You must only report each in-patient hospitalization that involves care or treatment.
- 10. Category 1 • OSHAHospitalization, Amputations Reporting Inspection triggers • In OSHA's non released but media published memo, OSHA said these reports by companies to OSHA after an amputation or hospitalization will automatically trigger an onsite inspection. Category 1 reports— any of these trigger an inspection: - a fatality; - at least two hospitalizations; - any injury of a worker 17 years old or younger; - similar events at the worksite involving multiple injures that occurred in the past year; - employer history of repeat, willful, failure-to-abate or egregious violations; - employer previously designated as a severe violator; - employer covered by national or local emphasis program; or - any imminent danger • Answer ‘Yes,’ Get Inspected. 10
- 11. Category 2 • Reportsthat could trigger an inspection if at least TWO of the following questions below are answered ‘‘yes’’ will be recorded as Category 2 reports, The Category 2 questions are: - Were temporary workers or ‘‘other vulnerable populations’’ injured or made ill? - Does the employer participate in a cooperative safety program such as the Voluntary Protection Program or an alliance? - Are employees still exposed to factors underlying the hazards producing the injury or illness? - Was the incident the result of failure of a safety program such as lockout/tagout or process safety management? - Were employees exposed to a serious hazard such as falls, combustible dust or heat? - Is there a pending whistle-blower complaint or inspection? - Does the employer have a history of OSHA inspections? - Did another government agency make a referral? - Were health issues such as chemical exposure and heat stress involved? 11
- 12. OSHA • Department ofLabor to enforce Safety and Health laws • NIOSH • OSHRC • Osha Training Institute • 56 million workers at 3.5 million workplaces in 1971 This Act created OSHA, the agency, which formally came into being on April 28, 1971
- 13. Voluntary Compliance -1979 • In 1979, Senator Richard Schweiker of Pennsylvania sought to exempt from safety inspections all employers, large or small, regardless of industry, who had good safety records. • They would still have to conform to OSHA regulations and be subject to health inspections. • Labor unions objected that his proposal would dilute enforcement. • It was defeated in 1980. • Schweiker originally supported the Act, but believed Congress had mistakenly cast the Labor Department as a “policeman” for all the nation’s workplaces. • He hoped to focus enforcement on the smaller number of workplaces where it was necessary, stimulating cooperation and voluntary compliance in the rest. 13
- 14. Records Review -1981 • In October 1981, OSHA decided to tie its inspection procedures in high hazard manufacturing establishments to “lost workday incident rates” (LWDI) • The policy was intended to further focus the agency’s inspection resources on hazardous workplaces where injuries and illnesses were most likely to occur. • The records review policy directed field staff to calculate the LWDI rate as a key component of targeted safety inspections of general industry workplaces. • LWDI is now DART (Days Away, Restricted and Transfers) 14
- 15. Electromotive 1982 • LagrangeIL • William Havell, an employee at had filed a claim against GM in 1979 under the Illinois Worker's Comp • The basis for that claim was that Havell "injured his body while working.“ • In March 1982, Havell submitted to GM, through the law firm that represented him in the WC claim, a signed request for access to "[a]ll medical and exposure records" concerning him. • Electromotive denied this. • The ALJ rejected GM's arguments, found a willful and serious violation in all three cases, and assessed a $10,000 penalty in each case. • The OSHRC affirmed the judge's findings of violations, but find them non-willful and impose a $1000 penalty in each case 15
- 16. Employee Rights – Asafe and healthful workplace – Know about hazardous chemicals – Information about injuries and illnesses in your workplace – Complain or request hazard correction from employer – Training – Hazard exposure and medical records – File a complaint with OSHA – Participate in an OSHA inspection – Be free from retaliation for exercising safety and health rights
- 17. Access to MedicalRecords • 1910.1020: right to examine & copy medical and exposure records • Examples of toxic substances and harmful physical agents are: – Metals and dusts, such as, lead, cadmium, and silica. – Biological agents, such as bacteria, viruses, and fungi. – Physical stress, such as noise, heat, cold, vibration, repetitive motion, and ionizing and non-ionizing radiation.
- 18. Chemical Company • 1/31/1984 •IL • $1000 Other • Worker fell and broke leg from ladder • Citation deleted 18
- 19. Auto Manufacturer • 2/12/1985 •Toledo OH • $1000 • Company denied any injuries on worker comp. • Motive was to keep money for injuries in the bank. • Try to dry out employees and make them poor. • Hearings postponed to break employees • Put injury under personal insurance vs work company • Made referral to Ohio BWC • 1080 cases not recorded • Co felt it was an oversight. 19
- 20. Union Carbide • 9/17/1985 •First Records case • First egregious RK • $1.30 million for the RK violations, which occurred at two plants in West Virginia. • Union Carbide, which had contested the penalty imposed by the agency, said that it was paying the $408,500 only to avoid much higher legal costs if it contested the decision in court 20
- 21. Food Company • 02/04/1986 •West Chicago IL • CSHO notices the company is one case under the record review exemption. • Records are pulled and one accident report says “This is Yolanda’s second lost time accident this year.” • The first accident was not recorded. • The union adds others that were missing. • Cited $1000 Willful, settled at $1000 serious 21
- 22. Auto Manufacturing • 04/14/1986 •Belvidere IL • Repetitive motion – not record ergo and strain and sprain • $910k reduced to $284K 22
- 23. Equipment Manufacturing • 11/20/1986 •Montgomery IL • Medical doctor were saying back injuries are never work related. • $776,000 reduced to affirmed willful of $25k. • 6 diff categories- like steristrips 23
- 24. General Dynamics • 1986 •Quonset Point RI • $615,000 • Failure to record and failure to fill out accident information. • Reduced to $47,200 24 Therefore, an inaccurate entry on an OSHA form 200 violates the Act until it is corrected, just as a condition that does not comply with a standard issued under the Act violates the Act until it is abated
- 25. Wire Manufacturer • TX •3/19/90 • 385 willful at $3000 each, later reduced to $610 each • Total $1,236,000.00 • Records review, just 0.1 above the rate • Only had back injuries with all these metal handling process was the tip off. • CSHO asked for the first aid log and found 385 cases that would be recordable. 25
- 26. SST - 1999 •1999 • OSHA initiated the Site- Specific Targeting (SST) program – an enforcement plan intended to target general industry (non-construction) worksites reporting the highest injury and illness rates. 26
- 27. Screw Machine Mfr •7/13/2005 • $788,000 • 3 records violations • 49 Willful and Serious for machine guarding and lockout. • Missed SST because of low recordkeeping • Reduced to $175,000 27
- 28. Retail Store 2009 •Cincinnati • 03/12/2009 • Consultant hired to expunge records • Broken leg was deleted. • $30,000 reduced to $10,000 28
- 29. 2010 IL • ROCKFORD,Ill. — The U.S. Department of Labor's Occupational Safety and Health Administration has cited the XXXX regional distribution center in Rockford with $182,000 in proposed penalties for failure to document and report employee injuries and illnesses, as required by OSHA safety and health regulations • Reduced to $95,000 29
- 30. 2010 TX 30 83 willfulcitations for failing to record and improperly recording work- related injuries and illnesses at the company's Houston air conditioning cooling facility. Proposed penalties total $1,215,000.
- 31. Volks Decision -2012 • In 2006, OSHA issued a citation alleging that Volks had failed as long ago as 2002 to record injuries on its Form 300 injury logs and to create Form 301 injury reports. • Volks claimed that the citations were untimely because the Occupational Safety and Health Act has a 6-month statute of limitations. “No citation may be issued … after the expiration of six months following the occurrence of any violation.”
- 32. Criminal 2013 • WalterCardin, former safety manger to 78 months in prison for deliberately falsifying records of workplace injuries • “used the false injury reports to claim bonuses of more than $2.5 million under the contract.” • Located at: Oakdale II FCI • Release Date: 02/10/2019 Oakdale cell
- 33. Criminal 2014 • SeanA. Chase, 32, of Spencer, West Virginia, was sentenced to two years of supervised release. • He was convicted earlier this year of "making false representations and certifications" on mine safety records, and one count of "false statements to a federal agent."
- 34. Criminal 2014 • FrederickPrinz, 38, of Marmora, N.J., pleaded guilty before U.S. District Judge Joseph H. Rodriguez in Camden federal court to an information charging him with making and selling fraudulent construction industry certification forms, known as “OSHA 30” cards. Sentencing is scheduled for Dec. 10.
- 35.
- 36. OSHA In Illinois •5 offices – Des Plaines, • Aurora, Calumet City, Peoria, Fairview Heights • 2800 inspections total National Emphasis Program (NEP) ~15 RECORDKEEPING NEP
- 37. Recordkeeping Scope of Documentsfor Recordkeeping Inspection • OSHA Forms 300, 300A and 301 • Medical records AT the clinic you use • Worker’s compensation records • Insurance records • Payroll/absentee records • Company safety incident reports • Company first aid logs • Disciplinary records relating to injuries and illness 37 | © 2013 Seyfarth Shaw LLP
- 38. 38 Forms • Three recordkeepingforms – OSHA Form 300 – Log of Work-Related Injuries and Illnesses – OSHA Form 301 – Injury and Illness Incident Report – OSHA Form 300A – Summary of Work- Related Injuries and Illnesses 1904.29
- 39. Who Keeps Records? •Employers with only 10 or less employees. • Low hazard industries. (See end slides) 39
- 40.
- 41. Calculation of theDART • DART = Days Away, Restricted or Transferred • DART= #cases x 200,000/ #hours 41
- 42. OSHA 300 • Summary •Review OSHA 300 • Dart Exercise on Sample Prefilled Form • Fatalities are recorded on Column G and M • What is the DART of the company listed on the handout? • Hours = 100,000 42
- 43. DART Comparison • BLSDART 2013 • Private sector 1.7 • Construction 2.2 • Manufacturing 2.2 • Service 1.6 • Education 0.8 • Trucking 3.2 • Warehousing 3.7 • Utilities 1.1 • Agriculture 3.4 43
- 44. TCIR • 3.0 millionwork- related injuries and illnesses • The national TCIR rate for the private sector in 2013 was 3.3 per 100 workers (down from 3.7) • Total Incident Case Rate = TCIR
- 45. DAFW or “LostTime” Rate • DAFW = days away from work cases • Usually only to see physical injuries cases involving lost time. • Used by Ford and several other companies. • Not restricted or transferred counted. • National DAFW is 0.7 45
- 46. Severity Rate • Usesnumber of days vs. number of cases. • Example of a calculation. 46
- 47.
- 48. OSHA 301 • Summary •Exercise using IL45 form 48
- 49.
- 50. OSHA 301 • Summary •Exercise using the prefilled OSHA 300 form 50
- 51. 51 OSHA Audit Recordkeeping •Ask Employer policy for reporting • Determine if employer discourages reporting • Ask about Incentive programs Obtain copies of employer policies
- 52. 52 Recordkeeping Documentation • If employersmaintain records electronically then get them electronically. • Where citations are issued for Recordkeeping violations: – Identify the injury or Illness – Describe the work-relationship – Indicate one or more of the general recording criteria
- 53. 53 Recordkeeping Citations • Whenan employer fails to record an injury or illness case on the OSHA 300 Log or equivalent form: – Cite 1904.4(a) • When an employer fails to record a case correctly (e.g., incorrectly recorded a Days Away from Work case as Restricted Work/Job Transfer or as Other Recordable case) – Cite 1904.7(b)(3) or 1904.7(b)(4)
- 54. 54 Recordkeeping Citations (Continued) • Whenan employer fails to fill out or did not accurately complete an OSHA 301 or equivalent form for each injury or illness case – Cite 1904.29(b)(2) • When an employer fails to complete an OSHA Form 300A – Cite 1904.32(a)(2)
- 55. Work Comp IL •Illinois: What are the time limits for notifying the employer of a workplace accident? • Generally, the employee must notify the employer as soon as practicable, but no later than 45 days after the accident. Any delay in the notice to the employer can delay the payment of benefits. • For injuries resulting from radiological exposure, the employee must notify the employer 90 days after the employee knows or suspects that he or she has received an excessive dose of radiation. • For occupational diseases, the employee must notify the employer as soon as practicable after he or she becomes aware of the condition. 55
- 56. 56 Recording and Reporting OccupationalInjuries and Illnesses Overview of the Rule
- 57. Employee Definition • CoveredEmployees - Employees on payroll - Employees not on payroll who are supervised on day-to- day basis - Temporary help agencies should not record temp workers when supervised by the using firm.
- 58. General Recording Criteria •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 licensed health care professional (even if it doesn’t result in any of the above)
- 59. Days Away Cases •Check the days away box and enter calendar days away from work • Do not include day of injury or illness • Count the number of calendar days the employee was unable to work (include weekend days, holidays, vacation days, etc.) Cap day count at 180 days
- 60. Days Away Cases •May stop day count if employee leaves company for a reason unrelated to the injury or illness • If a medical opinion exists, employer must follow that opinion
- 61. Restricted Work/Job Transfer •Restricted work activity occurs when: – An employee is kept from performing one or more routine functions of his or her job (work activities the employee performs at least once per week); or – An employee is kept from working a full workday; or – The employer, a physician or licensed health care professional recommends either of the above
- 62. • A casedoes not involve restricted work activity if the restriction is limited to the day of the injury or illness • Production of fewer goods or services is not considered restricted work activity Restricted Work/Job Transfer Vague restrictions from licensed health care professional (e.g. take it easy for a week) need to be clarified or recorded as restricted work.
- 63. • Job transferoccurs when: – An injured or ill employee is assigned to a job other than his or her regular job for part of the day. Note: Does not include the day on which the injury or illness occurred. • Both job transfers and restricted work cases are recorded in the same box Restricted Work/Job Transfer
- 64.
- 65. OSHA 2015 65 Grouped withprevious
- 66. Medical Treatment • Medicaltreatment 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 or counseling – Diagnostic procedures – First aid
- 67. First Aid • Onlytreatment listed in 1904.7(b)(5)(ii) is considered First Aid • All other treatment is considered medical treatment and is recordable (Remember: observation, counseling, diagnostic procedures are neither of the above!)
- 68. • Using nonprescription medicationat 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 First Aid – 1904.7(b)(5)(ii)
- 69. • Drilling offingernail or toenail, draining fluid from blister • 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 • Finger guards • Massages • Drinking fluids for relief of heat stress First Aid – 1904.7(b)(5)(ii)
- 70. Exercise • First Aidor Recordable? • Use FA for First Aid and R for Recordable • NONE lost a day of work. 70
- 71. 71 Recording Criteria DecisionTree Did the employee experience an injury or illness? Is the injury or illness a new case? Is the injury or illness work-related? Does the injury or illness meet the generalrecording criteria or the application to specific cases? Update the previously recorded injury or illness entry if necessary. NO YES YES YES YES Record the injury or illness Do not record the injury or illness NO NO NO 1904.4
- 72. 72 1904.5 – WorkEnvironment • 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
- 73. Work-Relatedness • A caseis considered work-related if an event or exposure in the work environment either caused or contributed to the resulting condition • A case is considered work-related if an event or exposure in the work environment significantly aggravated a pre-existing injury or illness • Work-relatedness is presumed for injuries and illnesses resulting from exposures occurring in the work environment 1904.5
- 74. Significant Injury orIllness • A significant injury or illness is recordable even if it does not result in death, days away, restricted days, job transfer, loss of consciousness or medical treatment • Examples are: Work-related cases of cancer, chronic irreversible disease, fractured or cracked bone or punctured eardrum.
- 75. 75 1904.5 – Exceptions •Present as a member of the general public • Symptoms arising in work environment that are solely due to non-work-related event or exposure (Regardless of where signs or symptoms surface, a case is work-related only if a work event or exposure is a discernable cause of the injury or illness or of a significant aggravation to a pre-existing condition.) • Voluntary participation in wellness program, medical, fitness or recreational activity • Eating, drinking or preparing food or drink for personal consumption
- 76. 76 1904.5 – Exceptions Personal tasks outside assigned working hours Personal grooming, self medication for non-work-related condition, or intentionally self-inflicted Motor vehicle accident in parking lot/access road during commute Common cold or flu Mental illness, unless employee voluntarily provides a medical opinion from a physician or licensed health care professional (PLHCP) having appropriate qualifications and experience that affirms work-relatedness
- 77. Travel Status • Aninjury 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 • Detour for personal reasons is not work- related
- 78. Work at Home •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 and they are directly related to the performance of work rather than the general home environment. Lead miniatures
- 79. New Case • Acase is new if: – The employee has not previously experienced a recordable injury or illness of the same type that affects the same part of body; or – The employee previously experienced a recordable injury or illness of the same type that affects the same part of body but had recovered completely and an event or exposure in the work environment caused the signs and symptoms to reappear Hernia
- 80. New Case • Recurringsymptoms of chronic illness are not new cases – Cancer, asbestosis, silicosis, etc. • Each episode caused by a new event or exposure in the work environment is a new case – Occupational asthma, skin disorders • If there is a medical opinion regarding resolution of a case, the employer must follow that opinion
- 81. Needlestick and SharpsInjuries - Record all injuries from needlesticks and sharps that are contaminated with another person’s blood or other potentially infectious material - Update injury case to illness case on log if case later results in bloodborne illness - Record all other cut/laceration cases only if they meet general recording criteria - Record splashes or other exposures to blood or other potentially infectious material if it results in diagnosis of a bloodborne illness or meets the general recording criteria
- 82. Medical Removal Cases •If an employee is medically removed under the medical surveillance requirements of an OSHA standard, you must record the case on the OSHA Form 300 • The case is recorded as either one involving days away from work or days of restricted work activity • If the case involves voluntary removal below the removal levels required by the standard, the case need not be recorded
- 83. Hearing Loss • 1904.10(b)(1) •A Standard Threshold Shift, or STS, is defined in the occupational noise exposure standard as a change in hearing threshold, relative to the baseline audiogram for that employee, of an average of 10 decibels (dB) or more at 2000, 3000, and 4000 hertz (Hz) in one or both ears AND the employee's total hearing level is 25 decibels (dB) or more above audiometric zero
- 84. 84 1904.10 – HearingLoss (cont’d) • Must compute the STS in accordance with OSHA’s noise standard, 1910.95 • Compare employee’s current audiogram to the original baseline audiogram or the revised baseline audiogram allowed by 1910.95(g)(9) • May adjust for aging to determine whether an STS has occurred using tables in Appendix F of 1910.95 • May not adjust for aging to determine whether or not hearing level is 25 dB or more above audiometric zero
- 85. Tuberculosis • If anemployee is exposed to someone with a known case of active tuberculosis, and that employee subsequently develops a tuberculosis infection, record as respiratory condition • A case is not recordable when: – The worker is living in a household with a person who is diagnosed with active TB – The Public Health Department has identified the worker as a contact of an individual with active TB – A medical investigation shows the employee’s infection was caused by exposure away from work
- 86. Musculoskeletal Disorders • Thereare no special recording criteria for musculoskeletal disorders (MSD) . • An MSD case is recorded using the same process used for any other injury or illness. • If a musculoskeletal disorder is work-related, is a new case, and meets one or more of the general recording criteria, the employer must record the MSD on the OSHA 300 Log. 86
- 87. Musculoskeletal Disorders 2011 •Administrative Law Judge Augustine first explained in his decision that for a case to be work-related for purposes of OSHA recordkeeping, the “employee’s work activities do not have to be the cause of an injury or illness, but rather a cause.” • He then found that the company’s ergonomic evaluation of the employee’s work station had been “deficient,” as it did not include an interview of the employee, an examination of the postures, repetition, and force necessary to move parts, or consideration of the various risk factors related to epicondylitis. The Judge pointed out that the The company’s assessment was conducted in one day and the assessment report was just 2 pages and 23 sentences long. He also noted that the company physician was not able to establish any likely cause for the employee’s epicondylitis, such as sports or hobbies performed outside of work.
- 88. Ergonomics • Musculoskeletal disorderscaused by ergonomic hazards are increasing and now account for 34.7% of all serious injuries.
- 89. Recording Workshop • TenCases EXERCISE • For lost time – Column H and M • Days missed – Column K 89
- 90. 90 1904.30 – Multiple BusinessEstablishments • Keep a separate OSHA Form 300 for each establishment that is expected to be in operation for more than a year • May keep one OSHA Form 300 for all short- term establishments • Each employee must be linked with one establishment
- 91. 91 1904.31 – CoveredEmployees • Employees on payroll • Employees not on payroll who are supervised on a day-to-day basis (temps) • Exclude self-employed and partners • Temporary help agencies should not record the cases experienced by temp workers who are supervised by the using firm
- 92. Employee Involvement &Access to Records • Must inform each employee of how to report an injury or illness • Must provide limited access to injury and illness records to employees, former employees and their personal and authorized representatives – Provide copy of OSHA 300 by end of next business day – May not remove names from OSHA 300
- 93. 93 1904.35(b)(1)(i) • You mustestablish a reasonable procedure for employees to report work related injuries and illnesses promptly and accurately. • A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness;
- 94. Drug Testing • OSHA’sinterprets this rule broadly to prohibit mandatory post-accident drug testing, concluding that such tests discriminate against employees on the basis of injury and illness reporting. • OSHA further explains that incentive programs are retaliatory if they offer benefits to employees or workforces who do not report injuries and illnesses • OSHA announced that it was delaying the enforcement date of the new rules to November 1, 2016 Reporting guidance memo allows latency for ergo injury Cannot use drug testing to discourage report injury. Ex in the Fed Register is Carpal tunnel. Only drug testing an injured in a crane incident.
- 95. 95 1904.40 – ProvidingRecords to Government Representatives • Must provide copies of the records within 4 business hours (OSHA) • Use the business hours of the establishment where the records are located
- 96. Access to OSHA300 • Form with Identifiers - Employees - Former Employees - Authorized Representative - Auditor hired by Company - Workers’ Comp Processing - Public Health/Law Enforcement • Remove Identifiers – All other requesters
- 97. 97 Employee Involvement • Requiresemployers to establish a procedure for employees to report injuries and illnesses and tell their employees how to report • Employers are prohibited from discriminating against employees who do report • Employee representatives will now have access to those parts of the OSHA 301 form relevant to workplace safety and health 1904.35 & 36
- 98. 98 Employee Privacy • Prohibitsemployers from entering an individual’s name on Form 300 for certain types of injuries/illnesses • Provides employers the right not to describe the nature of sensitive injuries where the employee’s identity would be known • Gives employee representatives access only to the portion of Form 301 which contains no personal information • Requires employers to remove employees’ names before providing the data to persons not provided access rights under the rule 1904.29(b)
- 99. What is PrivacyConcern Case? • Privacy Concern Cases – 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 – Illness cases where the employee voluntarily requests to keep name off
- 100. Privacy Concerns • Donot enter the name of an employee on the OSHA Form 300 for “Privacy concern cases” • Write “Privacy case” in the name column • Keep a separate confidential list of the case numbers and employee names
- 101. 101 HIPAA • Section 164.512(a)of the privacy regulation allows covered entities to use or disclose protected health information, without authorization, when they are "required" to do so by another law, provided the use or disclosure meets or is limited to the relevant requirements of such law. • HHS has stated this section of the regulation is intended to include the full array of binding legal authority, including statutes, agency orders, regulations, rules, or other Federal, State or local governmental actions having the effect of law. 65 FR 82668. • As a result, the privacy regulation does not allow a covered entity to restrict or refuse to disclose protected health information required by OSHA on the ground that the authorization of individual employees has not been obtained.
- 102. 102 Annual Summary • Requiresthe annual summary to be posted for three months instead of one • February 1 to April 30 • Requires certification of the summary by a company executive 1904.32
- 103. Retention and Updating •Retain forms for 5 years following the year that they cover • Update the OSHA Form 300 during that period • Do not need to update the OSHA Form 300A or OSHA Form 301
- 104. Change of Ownership •Each employer responsible for recording and reporting only for period of the year during which he or she owned the establishment • Old owner must transfer records to new owner • New owner must retain records
- 105. January 2015 • 3118Bakeries and tortilla manufacturing • 4411 Automobile dealers • 4413 Automotive parts, accessories, and tire stores • 4441 Building material and supplies dealers • 4452 Specialty food stores • 4453 Beer, wine, and liquor stores • 4539 Other miscellaneous store retailers • 4543 Direct selling establishments • 5311 Lessors of real estate • 5313 Activities related to real estate • 5322 Consumer goods rental • 5324 Commercial and industrial machinery and equipment rental and leasing • 5419 Other professional, scientific, and technical services • 5612 Facilities support services • 5617 Services to buildings and dwellings • 5619 Other support services • 6219 Other ambulatory health care services • 6241 Individual and family services • 6242 Community food and housing, and emergency and other relief services • 7111 Performing arts companies • 7113 Promoters of performing arts, sports, and similar events • 7121 Museums, historical sites, and similar institutions • 7139 Other amusement and recreation industries • 7223 Special food services • 8129 Other personal services 105 New Sectors keeping records
- 106. January 2015 • 4412Other Motor Vehicle Dealers • 4431 Electronics and Appliance Stores • 4461 Health and Personal Care Stores • 4471 Gasoline Stations • 4481 Clothing Stores • 4482 Shoe Stores • 4483 Jewelry, Luggage, and Leather Goods Stores • 4511 Sporting Goods, Hobby, and Musical Instrument Stores • 4512 Book, Periodical, and Music Stores • 4531 Florists • 4532 Office Supplies, Stationery, and Gift Stores • 4812 Nonscheduled Air Transportation • 4861 Pipeline Transportation of Crude Oil • 4862 Pipeline Transportation of Natural Gas • 4869 Other Pipeline Transportation • 4879 Scenic and Sightseeing Transportation, Other • 4885 Freight Transportation Arrangement • 5111 Newspaper, Periodical, Book, and Directory Publishers • 5112 Software Publishers • 5121 Motion Picture and Video Industries • 5122 Sound Recording Industries • 5151 Radio and Television Broadcasting • 5172 Wireless Telecommunications Carriers (except Satellite) • 5173 Telecommunications Resellers • 5179 Other Telecommunications • 5181 Internet Service Providers and Web Search Portals • 5182 Data Processing, Hosting, and Related Services • 5191 Other Information Services • 5211 Monetary Authorities - Central Bank • 5221 Depository Credit Intermediation • 5222 Nondepository Credit Intermediation • 5223 Activities Related to Credit Intermediation • 5231 Securities and Commodity Contracts Intermediation and Brokerage • 5232 Securities and Commodity Exchanges • 5239 Other Financial Investment Activities • 5241 Insurance Carriers • 5242 Agencies, Brokerages, and Other Insurance Related Activities • 5251 Insurance and Employee Benefit Funds • 5259 Other Investment Pools and Funds • 5312 Offices of Real Estate Agents and Brokers • 5331 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works) 106 Exempted unless asked to keep by OSHA or BLS
- 107. January 2015 • 5411Legal Services • 5412 Accounting, Tax Preparation, Bookkeeping, and Payroll Services • 5413 Architectural, Engineering, and Related Services • 5413 Architectural, Engineering, and Related Services • 5414 Specialized Design Services • 5415 Computer Systems Design and Related Services • 5416 Management, Scientific, and Technical Consulting Services • 5417 Scientific Research and Development Services • 5418 Advertising and Related Services • 5511 Management of Companies and Enterprises • 5611 Office Administrative Services • 5614 Business Support Services • 5615 Travel Arrangement and Reservation Services • 5616 Investigation and Security Services • 6111 Elementary and Secondary Schools • 6112 Junior Colleges • 6113 Colleges, Universities, and Professional Schools • 6114 Business Schools and Computer and Management Training • 6115 Technical and Trade Schools • 6116 Other Schools and Instruction • 6117 Educational Support Services • 6211 Offices of Physicians • 6212 Offices of Dentists • 6213 Offices of Other Health Practitioners • 6214 Outpatient Care Centers • 6215 Medical and Diagnostic Laboratories • 6244 Child Day Care Services • 7114 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures • 7115 Independent Artists, Writers, and Performers • 7213 Rooming and Boarding Houses • 7221 Full-Service Restaurants • 7222 Limited-Service Eating Places • 7224 Drinking Places (Alcoholic Beverages) • 8112 Electronic and Precision Equipment Repair and Maintenance • 8114 Personal and Household Goods Repair and Maintenance • 8121 Personal Care Services • 8122 Death Care Services • 8131 Religious Organizations • 8132 Grantmaking and Giving Services • 8133 Social Advocacy Organizations • 8134 Civic and Social Organizations • 107 Exempted unless asked to keep by OSHA or BLS
- 108.
- 109. Does an employerhave to keep a log of the temp worker injuries? • Yes. • “ The log is to be kept for an establishment. • Under Section 1904.46 Definitions, an establishment is a single physical location where business is conducted or where services or industrial operations are performed. • The controlling employer (using firm) may sub-divide the OSHA 300 Log to provide separate listings of temporary workers”. • http://www.osha.gov/pls/oshaweb/owadisp.show_docum ent?p_table=INTERPRETATIONS&p_id=24518 109
- 110. Parking Lots • "while both employees' sustained injuries in the company parking lot, neither case involved a motor vehicle accident. • Instead, the two employees were injured when they fell out of their parked vehicle and struck the parking lot surface (work environment). • As a result, neither case meets the exception in Section 1904.5(b)(2)(vii), and, therefore, must be recorded on the establishment's log, if they meet the other recording criteria listed in the regulation (e.g., medical treatment, days away from work, etc.). “ • The parking lot is recordable. 110
- 111. Feb 2014 • Ona related topic: In the past we had an employee on her lunch break, outside but still on our property, become startled by a bee, tripped and sustained some minor injuries beyond first aid. • Would this be considered work-related and therefore recordable? • We do not punch-in or out for lunch periods. 111
- 112. Lunch • Lunch accidentwould be recordable. • The work environment includes any location where one or more employees are working or are present as a condition of their employment. 112
- 113. IV Fluid • Recordable? 113 Intravenous(IV) administration of glucose and saline: ...In the final rule ...OSHA has decided not to include the IV administration of fluids on the first aid list because these treatments are used for serious medical events, such as post- shock, dehydration or heat stroke. The administration of IVs is an advanced procedure that can only be administered by a person with advanced medical training, and is usually performed under the supervision of a physician.
- 114. Chipped Tooth • Recordable? 114 Yes,under section 1904.7(b)(7), these cases are considered a significant injury or illness when diagnosed by a physician or other health care professional. As discussed in the preamble of the final rule, work-related fractures of bones or teeth are recognized as constituting significant diagnoses and, if the condition is work-related, are appropriately recorded at the time of initial diagnosis even if the case does not involve any of the other general recording criteria.
- 115. Antibiotics Drops • Ifthe antibiotic was a prescription medication, the case is recordable regardless of whether the medication was given solely as a preventive measure). 115
- 116. April 2015 • Workergoes to clinic on Saturday after getting hurt. • Clinic said follow up w regular doctor. • Company doctor sees him Monday. • Says return to work that day. • How is this handled? 116
- 117. Trend Example UsingDART • Warehouse operators • 2000 = 17.6 • 2001 = 21.5 • 2002 = 35.1 • 2003 = 32.9 • W.O. Upper Extremity Injuries • 2000 = 4.7 • 2001 = 6.3 • 2002 = 7.0 • 2003 = 8.2
- 118. What is theErgo Stressor Here? Driver facing forward for driving Driver is supposed to drive backwards
- 119. Trend Example UsingDART Rate • Facility • 2001 7.4 • 2002 38.8 • 2003 35.6 • Warehouse Operator Injuries • 2001 = 21.5 • 2002 = 38.6 • 2003 = 54.7
- 120. What is theErgo Stressor Here?
- 121. BP 2010-2013 • DART0.27 vs. Construction 2.0 • $37,000 an injury. • 11 injuries vs. 80 expected per year • 8 million hours a year. • Savings in four years $10 million.
- 122.