Top 10 OSHA Recordkeeping “Head-

Scratchers” Presented by: Steve Bisson

MOSH Research & Statistics

Division of Labor and Industry

Biography Steve Bisson, Administrator Maryland Occupational Safety and Health 24 Years Manager, Bureau of Labor Statistics OSHS

Programs for Maryland BissonS@states.bls.gov 410-527-4463

Why Do we have this Regulation?

The Occupational Safety and Health Act and the OSHA Recordkeeping System The mission of the OSH Act is to assure safe

and healthful working conditions for America’s workforce through the reduction of occupational injuries and illnesses.

The OSHA recordkeeping system was created

to provide a means of measuring the progress toward achieving that goal.

State nonfatal occupational injury and illness incidence rates*compared to the national rate, private industry, 2012

Source: U.S. Bureau of Labor Statistics, U.S. Department of Labor, November 2013* Total recordable case (TRC) incidence rate per 100 full-time workers

State rate not availableState rate statistically greater than national rate

State rate not statistically different from national rateState rate statistically less than national rate

AL(3.3)

AK(4.6)

AZ(3.2) AR

(3.2)

CA(3.5) CO

CT(3.9)

DE(2.8)

DC(1.6)

FL

GA(2.8)

HI(3.8)

ID

IL(3.2)

IN(3.9)

IA(4.5)

KS(3.6) KY

(4.1)

LA(2.3)

ME(5.6)

MD(3.1)

MA(3.1)MI

(4.0)

MN(3.8)

MS

MO(3.3)

MT(5.0)

NE(3.9)

NV(4.1)

NH

NJ(3.1)

NM(3.9)

NY(2.5)

NC(2.9)

ND

OH(3.2)

OK(3.6)

OR(3.9)

PA(3.9)

RI

SC(3.0)

SD

TN(3.5)

TX(2.7)

UT(3.4)

VT(5.0)

VA(2.7)

WA(4.8)

WV(4.1)

WI(4.0)

WY(3.5)

PR

Among the 42 states and the District of Columbia for which estimates of nonfatal injuries and illnesses are available for 2012, 21 states experienced a higher incidence of injuries and illnesses than the national rate (3.4 cases per 100 full-time workers); 15 states plus the District of Columbia experienced lower rates; and 6 states had rates that were not statistically different from the national rate. 5

Head-Scratcher #10 “We were told if it’s Workers’ Comp

compensable it’s OSHA recordable.

Workers’ Comp denied the claim so we

took the case off the Log.” Answer: Differences in scope,

defining terms and intended purpose

for each system makes this statement

problematical.

OSHA Recordkeeping and Workers Compensation ARE

different.

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Subpart A -1904.0, Purpose

To require employers to record and report work-related fatalities, injuries and illnesses

Note: Recording or reporting a work-related injury, illness, or fatality does not mean the employer or employee was at fault, an OSHA rule has been violated, or that the employee is eligible for workers’ compensation or other benefits.

OSHA injury and illness recordkeeping and Workers’ Compensation are independent of each other

Head-Scratcher # 9 “Everyone has to keep an OSHA log. Right?”

Answer: No.

Subpart B, Scope – Who keeps records? 1904.1- partial exemption based on employment

10 or fewer employees during previous calendar year.

1904.2 – partial exemption for certain industries based on establishment’s SIC code

What’s meant by partial exemption? Note to Subpart B - Scope: all employers

covered by the OSH Act are also covered by these Part 1904 regulations. However, most don’t need to keep the Log 300 unless notified in writing by the government to keep records – see 1904.41 & .42, also…

1904.39 Reporting fatalities and multiple hospitalizations to MOSH or OSHA

# 8 “Oh, he was hurt during an off-site

teambuilding activity so I didn’t record it… besides, someone told us the hotel should have recorded it”.

Ans. – Recordable. Team building events are considered work activities. See OSHA’s letters of interpretation, Feb. 24, 2009

1904.5 (b) What is the work environment? OSHA defines the work environment as “the

establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work.

#7 “We don’t record injuries to temporary

workers, after all, they’re not our employees. I think the temp agency handles that.”

Ans. - If you obtain employees from a temporary help service, employee leasing service, or personnel supply service, you must record these injuries and illnesses if you supervise these employees on a day-to-day basis, see 1904.31(b)(2).

# 6 “It’s company policy….we don’t record

days away from work cases. Unfortunately, we have to let them go if they can’t work”.

See 1904.7(b)(ii)(3)(viii) …if the employee leaves the company because of the injury or illness you must estimate the number of days away, or days of restriction and enter the day count on the log.

# 5 “We’ve got several locations, but it’s easier to

keep one log for everybody. Besides, I was told the regulation allows for this”.

Establishment specific records are a key component of the recordkeeping system, see 1904.30 & 1904.46

# 4 “She was bitten by a spider during her smoke

break. I’m not recording that!”

Answer: This case needs more information. We’ve got an event but were any of the criteria in 1904.7 met like medical treatment or days away from work?

# 3 “We’re a nonprofit so we don’t keep those

kinds of records...”

Partial exempt status is based on industries

reporting low injury and illness rates published by the Bureau of Labor Statistics. It has no

bearing on profit versus non-profit status.

#2 “I’m not recording that injury. It was his fault.

He was told the proper procedures and ignored them.”

See Note to 1904.0 - Recording or reporting a work-related injury, illness or fatality does not mean the employer or employee was at fault, that an OSHA rule has been violated or that the employee is eligible for workers’ compensation or other benefits.

“We play it safe, we just record everything!”

See subpart C – Recordkeeping Forms and Criteria 1904.4 – recording criteria 1904.5 – work relationship 1904.6 – new case 1904.7 – general recording criteria

Head-Scratcher # 1

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