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OSHA Accident/Injury Recordkeeping

• Present system has been in place since OSHA’s inception

• Applies to most private sector employers

• Is different from Worker’s Compensation recordkeeping and reporting in some respects

• Present system will probably be replaced with the new system that will start in January of 2002

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•Employers required to keep records

–Private sector employers–With 11 or more employees– In certain industries (according to SIC code)

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•Employers normally exempt from recordkeeping–Employers who had no more than 10 employees (full & part-time) during the previous year

–Employers who conduct business in certain SIC codes - regardless of # of employees

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•Employers periodically required to keep records–Employers who are normally exempt but have been selected by the bureau of labor statistics to participate in the annual survey of occupational injuries and illnesses

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Records that must be kept

• OSHA Form 200

• OSHA Form 101 or equivalent– Substitute forms must contain all

required information – Worker’s compensation forms are

usually used for this

6OSHA 200

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OSHA 101

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Other Recordkeeping

• OSHA 200-S

• Sent to selected employers who must complete and return

• Used for the annual Bureau of Labor Statistics Survey

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Location of Records

• Separate records must be kept for each establishment

• An establishment is:– A single physical location, or– A distinctly separate activity at a

single physical location

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Posting of Records

• The summary portion of the OSHA 200 must be posted no later than February 1 of the following year

• The summary must remain posted for at least 30 days

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Retention of Records

• The OSHA 200 and the OSHA 101 (or equivalent) must be retained in each establishment for 5 calendar years following the the end of the year to which they relate

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Access to Records

•Records must be made available upon request, for inspection and copying by representatives of:–Secretary of Labor–Secretary of Health and Human Services (including NIOSH) conducting an investigation

–State agency responsible for administration of state plan

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Recordkeeping Entries

• The OSHA 200 log must be maintained on a calendar year basis - not fiscal year

• Entries must be made within 6 working days after information was received that a recordable case has occurred unless log is maintained at another location

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Determining Recordability•An injury must be recorded if:

–An employee is injured, and–The injury results from a work accident or exposure to the work environment, and

–The injury involves:•Medical treatment (not first aid)•Loss of consciousness•Restriction of work or motion•Transfer to another job

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Recordable Cases

•Fatalities

•Illnesses

•Injuries

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Fatality

• Occurs in the work environment or results from an event or exposure that occurred there

• Must be reported to the nearest OSHA office within 8 hours

• Is entered on the OSHA 200 with the date of death

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Occupational Illness• Any abnormal condition or disorder, other

than one resulting from an occupational injury

• Caused by exposure to environmental factors associated with employment

• Includes acute and chronic illnesses or diseases which may be caused by inhalation, absorption, or direct contact

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Injury

• Requires medical treatment other than first aid

• Depending on the severity of the injury, the employee may:– Return to work with no restrictions– Return to work but be unable to

perform normal duties of job– Be unable to return to work for the

next regularly scheduled shift

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Multiple Injuries

• If 3 or more employees are hospitalized due to a single incident, the nearest OSHA office must be notified within 8 hours

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Lost Workday Incidence Rate

Lost Workday Cases X 200,000 = LWDI Total Hours Worked

Example: A company has 6 lost workday cases for the year. The total hours worked (by all employees) was 123,544. The LWDI would be;

6 X 200,000 = 9.7 123,544

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Lost Workday Incidence Rate

• May be used to compare the injury rates for companies of different sized on an equal basis

• A Company can compare their incidence rate with the national average rate for other companies in the same SIC code group

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Revised Recordkeeping System

• Unless withdrawn or changed, will go into effect January 1, 2002

• Changes a number of the provisions of the present system

• New rule (29 CFR 1904)

– Completely rewritten• Different guidelines

– Existing letters of interpretation cannot be used

– Simplifies system

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• Simplification• Improve the quality of the records• Meet the needs of many users• Improve access for workers• Minimize burden for the regulated

community• Reduce gray areas-give clear guidance• Promote use of the data in workplace

safety & health programs

Goals of the Revised Recordkeeping System

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Major Changes• Updates three recordkeeping forms:

– OSHA Form 300 (Log of Work-Related Injuries and Illnesses); simplified and printed on smaller legal sized paper

– OSHA Form 301 (Injury and Illness Incident Report); includes more data about how the injury or illness occurred

– OSHA Form 300A (Summary of Work-Related Injuries and Illnesses); a separate form updated to make it easier to calculate incidence rates

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• Eliminates different criteria for recording work-related injuries and work-related illnesses; one set of criteria will be used for both– The former rule required employers to

record all illnesses, regardless of severity

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• Requires records to include any work-related injury or illness resulting in one of the following: – Death– Days away from work– Restricted work or transfer to another job– Medical treatment beyond first aid– Loss of consciousness– Diagnosis of a significant injury/illness by

a physician or other licensed health care professional.

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• Includes new definitions of medical treatment, first aid, and restricted work to simplify recording decisions

• Requires a significant degree of aggravation before a preexisting injury or illness becomes recordable

• Adds additional exemptions to the definition of work-relationship to limit recording of cases involving the eating and drinking of food and beverages, common colds and flu, blood donations, exercise programs, mental illnesses, etc.

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• Clarifies the recording of "light duty" or restricted work cases – Requires employers to record cases when

the injured or ill employee is restricted from their "normal duties" which are defined as work activities the employee regularly performs at least once weekly

– Calendar days counted instead of work days

– Cap of 180 days

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• Requires employers to record all needlestick and sharps injuries involving contamination by another person's blood or other bodily fluids

• Requires employers to record standard threshold shifts (STS) in employees' hearing– An STS is a change of 10db at 2,000, 3,000,

4,000 hertz in one or both ears in an employee's hearing threshold, relative to his/her most recent audiogram

– Provides a separate column on the OSHA Form 300 to capture statistics on hearing loss

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• Applies the same recording criteria to musculoskeletal disorders (MSDs) as to all other injuries or illnesses– Employer retains flexibility to determine whether

an event or exposure in the work environment caused or contributed to the MSD

– Forms include columns dedicated to MSD cases

• Includes separate provisions describing the recording criteria for cases involving the work-related transmission of tuberculosis or medical removal under OSHA standards

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• Eliminates the term "lost workdays" and focuses on days away or days restricted or transferred– Calendar days counted instead of workdays– Cap of 180 days

• Requires employers 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.

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• Protects employee privacy by:– Prohibiting employers from entering an individual's name on Form

300 for certain types of injuries/illnesses (e.g., sexual assaults, HIV infections, mental illnesses, etc.)

– Providing employers the right not to describe the nature of sensitive injuries where the employee's identity would be known

– Giving employee representatives access only to the portion of Form 301 which contains no personal identifiers

– Requiring employers to remove employees’ names before providing the data to persons not provided access rights under the rule

• Requires the annual summary to be posted for three months instead of one.

• Requires certification of the summary by a company executive.

• Changes the reporting of fatalities and catastrophes to exclude some motor carrier

• and motor vehicle accidents.

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• Requires the annual summary to be posted for three months instead of one

• Requires certification of the summary by a company executive

• Changes the reporting of fatalities and catastrophes to exclude some motor carrier and motor vehicle accidents

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Government Representatives• Required to Supply Copies of Records• Must Be Supplied Within 4 Business Hours• Representatives Include:

– Representatives of Secretary of Labor– Representatives of Secretary of Health and

Human Services (including NIOSH) conducting an investigation

– Representatives of State agency responsible for administration of state plan