OSHA Recordkeeping Compliance Update

Jo Beth CholmondeleyRegional Safety Engineer

Doug FletcherCompliance Assistant Specialist

VPPPA

Topics• Most Common Recordkeeping Deficiencies at

VPP sites

• OSHA’s NEP on Recordkeeping

• New Developments– Update on MSD Column– Modernization of Data Collection Process

Comment Period

• IF time:– Metric– Review

Most Common DeficienciesRecordkeeping

1904.30 – MultipleBusiness Establishments

• Contractors

– Can keep records at central location

– Must keep a separate OSHA Form 300 for each establishment that is expected to be in operation for more than a year

• Common Deficiency– Contractor do not keep separate log and separate

hours at VPP sites

Common Deficiencies• Calculation of DART

– Days Away & Restricted (column H & I) X 200,000 / Total Hours Worked

– Information that goes on the yearly report– Will be recalculated at the audit

• More than one • Quick Check

– Total in Column G-J equals Column M

x x

Confusion

• Work compensation vs. OSHA recordable

• Parking Lots• Quit or Fired

• Your Questions

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

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 not on clock• Common cold or flu• Mental illness, unless employee voluntarily

provides a medical opinion health care professional (PLHCP) having appropriate qualifications and experience that affirms work-relatedness

RECORDKEEPING National Emphasis Program

NEP

VPP sites are exempt

OSHA’s Recordkeeping NEP

• National Emphasis Program (NEP)– Response to criticism from GAO audit

• Employer’s not keeping accurate records

– Records re-creation / verification inspections to be scheduled

• Both GI and Construction sector

– Very resource intensive inspection Process• Special software• All employer records reviewed to “catch” data• Intensive employee interview process

OSHA’s Recordkeeping NEP

• Results so far– Switching of K & L columns

• Still using old form

– Some under recording

– Expansion into other inspections• Ergo• Machine Guarding

– Resource intensive• CPL expanded to 2 years.

Common Citations

1904.32 – Annual Summary

• Review OSHA Form 300 for completeness and accuracy, correct deficiencies

• Complete OSHA Form 300A• Certify summary• Post summary

1904.33 – Retentionand Updating

• Retain forms for 5 years following the year that they cover

• Update the OSHA Form 300 during that period

• Need not update the OSHA Form 300A or OSHA Form 301

New Developments

• Addition Musculoskeletal Disorder (MSD) Column

• Modernization of Collection Process Comments Requested

Musculoskeletal Disorder Column

MSD Column History– January 1, 2002 Final Rule published with comments

requested on MSD column– June 30, 2003, OSHA has decided MSD’s captured

without a separate column for musculoskeletal disorders (MSD) (1904.12 vacated)

– Still must record work-related injuries and illnesses involving muscles, nerves, tendons, ligaments, joints, cartilage and spinal discs in accordance with the requirements applicable to any injury or illness

– On the OSHA 300 log, check either the entry for “injury” or “all other illnesses”

Present• Addition MSD Column to Log

– Comment Period Closed

– Changes going forward• Fairly certain that MSD column will be

added to log

– Recording Criteria ?

– Out Soon• Effective date?

Comment Period for Modernization of OSHA’s Injury & Illness Data Collection Process

(Electronic)

Comments must be submitted by June 18, 2010

Comment Period for Modernization of OSHA’s Injury & Illness Data Collection

Process (Electronic)

• Informal stakeholder meetings– First meeting today in DC– Chicago, IL - June 3

• Written Comment submitted by June 18, 2010• Comments submitted

– Electronically (OSHA website)– Faxed, mailed or courier

IssuesCollection of Electronic Data

• Open Government Initiative– Ability of public to get information

• OSHA Date Initiative (ODI) – Currently provides only summary data– Data 3 yrs old when released

• BLS Data– Data for industry but not for specific

establishments

Topics Collection of Electronic

Recordkeeping Data

• Scope of data collected

• Use of Data collected

• Methods of data collection

• Economic impacts

• Additional topics

Questions

• What data should the system collect?

• Linking data to other sources? – medical records, work compensation…

• Collect data from every employer?

• What purpose would it serve to OSHA and others

• How data be used to make national or sector specific estimates?

Questions Continued

• Strengths and limitations of collected data• Would publishing data indicating # of ee’s and

ee’s hours disclose confidential commercial or trade secret information?

• How can OSHA others experience be used in developing program

• How to design effective quality assurance program for data entered?

• How often should data be collected?

Questions continued

• How to design effective quality assurance program for data entered?

• How often should data be collected?• What training and outreach will be necessary?• How ensure that small business employers are

able to comply?• What analytical tools developed?• How can OSHA improve the accuracy of

recordkeeping data?

Your Questions?

Jo Beth Cholmondeley

Regional Safety Engineer

Regional Recordkeeping Coordinator

(816) 283-0545 ext. 265

Cholmondeley.jobeth@dol.gov

More Information

• OSHA Website– www.osha.gov (left column Recordkeeping)

– CPL 02-00-135

– OSHA Recordkeeping Handbook• OSHA 3245-09R 2005

– Latest interpretations

Safety and Health Management Performance Metrics

How The OSHA-300 Data Should Be Used

• Accident trends• Accident rates: (rate per 100 employee years)

– {(# cases) X (200,000)} / (# hours worked) = rate

• Accident demographics– Source of hazard

– Type injury/illness

– Victim demographics

– Body part affected

BLS Model

Hazardous conditions/practices

Perception Perception SurveySurvey

Incident Incident DataData

Management Management System System

Audit FindingsAudit Findings

Analyze ResultsAnalyze Results

Management System DriversManagement System Drivers

ACTIVE LEADERSHIPACTIVE LEADERSHIPEXPECTATIONS AND INVOLVEMENTEXPECTATIONS AND INVOLVEMENT GOAL SETTING AND GOAL SETTING AND

ACTION PLANNINGACTION PLANNING

COMMUNICATIO NSCOMMUNICATIO NS

PLANNING FOR SAFE CONDITIONSPLANNING FOR SAFE CONDITIONS

EMPLOYEE ACCOUNTABILITYEMPLOYEE ACCOUNTABILITY

EMPLOYEE INVOLVEMENTEMPLOYEE INVOLVEMENT

HAZARD IDENTIFICATION AND HAZARD IDENTIFICATION AND ELIMINATION, AND SAFE PRACTICESELIMINATION, AND SAFE PRACTICES

INCIDENT INVESTIGATIONINCIDENT INVESTIGATION BEHAVIORAL FEEDBACKBEHAVIORAL FEEDBACK

TRAINING ANDTRAINING ANDEDUCATIONEDUCATION

STEP 1:STEP 1:

STEP 2:STEP 2:

STEP 3:STEP 3:

STEP 4:STEP 4:

Behavioral Behavioral ObservationObservation

DataData

Tailoring Safety and HealthMetrics to Your Organization

Time

Inci

den

t ra

te

Technology

and standards

HSE

Management

Systems

Improved

culture

• Engineering improvements• Hardware improvements• Safety emphasis• E&H Compliance

• Integrated HSE-MS

• Reporting• Assurance• Competence• Risk

Management

• Behaviour• Visible leadership /

personal accountability• Shared purpose &

belief• Aligned performance

commitment & external view

• HSE delivers business value

Successful Safety ManagementSuccessful Safety Management

HSE Performance over timeHSE Performance over time

Questions?

Jo Beth Cholmondeley

Regional Safety Engineer

Regional Recordkeeping Coordinator

(816) 283-0545 ext. 265

Cholmondeley.jobeth@dol.gov