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Fatality/Catastrophe Reporting• Report orally 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
New Rule• As of 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.”
Further• Only fatalities occurring
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.
What Information is Needed?• 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
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 (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.
Hospitalization• No, you do 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.
8
Category 1
• Fatality• 2 hospitalized• 17 and younger• Past history• Emphasis Programs
9
Category 2
• Temp or vulnerable• VPP• Not fix• Lockout or psm• Falls, combustible dust, heat• Whistlebloer• History• Gov referral• Chemical or heat
OSHA• Department of Labor
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
11
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.
12
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)
13
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
Employee Rights
– A safe 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
Access to Medical Records• 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.
16
Chemical Company• 1/31/1984 • IL• $1000 Other• Worker fell and broke
leg from ladder• Citation deleted
17
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.
18
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
19
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
20
Auto Manufacturing• 04/14/1986 • Belvidere IL • Repetitive motion –
not record ergo and strain and sprain
• $910k reduced to $284K
21
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
22
General Dynamics• 1986• Quonset Point RI• $615,000• Failure to record and
failure to fill out accident information.
• Reduced to $47,200
Therefore, an inaccurate entry on an OSHA form 200 violates the Act until it is corrected, just as a conditionthat does not comply with a standard issued under the Act violates the Act until it is abated
23
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.
24
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.
25
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
26
Retail Store 2009• Cincinnati• 03/12/2009 • Consultant hired to
expunge records• Broken leg was
deleted. • $30,000 reduced to
$10,000
27
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
28
2010 TX
83 willful citations 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.
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.”
Criminal 2013• Walter Cardin, 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
Criminal 2014• Sean A. 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."
Criminal 2014• Frederick Prinz, 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.
OSHA In Illinois• 5 offices – Des Plaines, • Aurora, Calumet City,
Peoria, Fairview Heights• 2800 inspections total
National Emphasis Program (NEP)~15 RECORDKEEPING NEP
RecordkeepingScope of Documents for
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
34 | © 2013 Seyfarth Shaw LLP
35
Forms
• Three recordkeeping forms– 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
36
Who Keeps Records?
• Employers with only 10 or less employees.• Low hazard industries. (See end slides)
37OSHA Form 300
38
Calculation of the DART
• DART = Days Away, Restricted or Transferred
• DART= #cases x 200,000/ #hours
39
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
40
DART Comparison• BLS DART 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
TCIR• 3.0 million work-
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
42
DAFW or “Lost Time” 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
43
Severity Rate• Uses number of days
vs. number of cases.
• Example of a calculation.
44OSHA Form 301
45
OSHA 301• Summary• Exercise using IL45
form
46OSHA Form 300A
47
OSHA 301• Summary• Exercise using the
prefilled OSHA 300 form
48
OSHA Audit Recordkeeping
• Ask Employer policy for reporting • Determine if employer discourages
reporting• Ask about Incentive programs
Obtain copies of employer policies
49
Recordkeeping Documentation• If employers maintain 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
50
Recordkeeping Citations• When an 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)
51
Recordkeeping Citations(Continued)
• When an 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)
52
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.
53
Recording and Reporting Occupational Injuries and Illnesses
Overview of the Rule
Employee Definition• Covered Employees
- 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.
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)
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
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
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
• A case does 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.
• Job transfer occurs 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
Medical Treatment
• Medical treatment 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
First Aid• Only treatment 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!)
• Using nonprescription medication at 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)
• Drilling of fingernail 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)
65
Exercise
• First Aid or Recordable?• Use FA for First Aid and R for Recordable• NONE lost a day of work.
66
Recording Criteria Decision TreeDid 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 general recording 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
67
1904.5 – Work Environment
• 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
Work-Relatedness• A case is 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
Significant Injury or Illness• 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.
70
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
71
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
Travel Status
• An injury 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
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
New Case• A case 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
New Case
• Recurring symptoms 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
Needlestick and Sharps Injuries- 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
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
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
79
1904.10 – Hearing Loss (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
Tuberculosis
• If an employee 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
81
Musculoskeletal Disorders• There are 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.
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.
Ergonomics• Musculoskeletal disorders caused by ergonomic hazards are
increasing and now account for 34.7% of all serious injuries.
84
Recording Workshop
• Ten Cases EXERCISE
• For lost time – Column H and M• Days missed – Column K
85
1904.30 – MultipleBusiness Establishments
• 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
86
1904.31 – Covered Employees
• 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
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
88
1904.40 – Providing Records 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
Access to OSHA 300
• Form with Identifiers- Employees- Former Employees- Authorized Representative- Auditor hired by Company- Workers’ Comp Processing- Public Health/Law Enforcement
• Remove Identifiers– All other requesters
90
Employee Involvement
• 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
• Employee representatives will now have access to those parts of the OSHA 301 form relevant to workplace safety and health
1904.35 & 36
91
Employee Privacy• Prohibits employers 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)
What is Privacy Concern 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
Privacy Concerns
• Do not 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
94
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.
95
Annual Summary
• Requires the 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
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
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
98
January 2015• 3118 Bakeries 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
New Sectors keeping records
99
January 2015• 4412 Other 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)
Exempted unless asked to keep by OSHA or BLS
100
January 2015• 5411 Legal 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•
Exempted unless asked to keep by OSHA or BLS
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OSHA Recordkeeping Page
Does an employer have 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_document?p_table=INTERPRETATIONS&p_id=24518
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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.
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Feb 2014• On a 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.
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Lunch• Lunch accident would be
recordable. • The work environment
includes any location where one or more employees are working or are present as a condition of their employment.
IV Fluid• Recordable?
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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.
Chipped Tooth
• Recordable?
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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.
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Antibiotics Drops • If the antibiotic was a
prescription medication, the case is recordable regardless of whether the medication was given solely as a preventive measure).
Trend Example Using DART
• 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
What is the Ergo Stressor Here?
Driver facing forward for driving
Driver is supposed to drive backwards
Trend Example Using DART Rate
• Facility
• 2001 7.4• 2002 38.8• 2003 35.6
• Warehouse Operator Injuries
• 2001 = 21.5• 2002 = 38.6• 2003 = 54.7
What is the Ergo Stressor Here?
BP 2010-2013• DART 0.27 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.
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Questions?
