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OSHA Recordkeeping

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by

Ryan Barks

on 1 April 2015

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Transcript of OSHA Recordkeeping

OSHA Injury & Illness Recordkeeping
At the end of this short presentation:

1. Employers will be able to

understand,
identify, and
classify

an OSHA recordable incident

2. Employers will be able to fill out the Form 300 & 300A

Objectives:
Injury and Illness
Recordkeeping Criteria:
5 Step process
Did the employee experience a workplace injury or illness?
O
S
H
A
ccupational
afety &
ealth
dministration
What is OSHA?
The administration created by the Williams- Steiger Occupational Safety & Health Act of 1970 with "the authority both to set and enforce workplace health and safety standards" (regulations)
General Industry Regulations regarding recordkeeping
29 CFR 1904.1 - 1904.46
Who is covered by OSHA?
Most private sector employers and employees in all 50 states, the District of Columbia, and other U.S. jurisdictions either directly through Federal OSHA or through an OSHA-approved state program.

Workers not covered include:
self-employed workers,
immediate family members of farm employers,
and workers whose hazards are regulated by another federal agency
(for example, the Mine Safety and Health Administration, the Department of Energy, Federal Aviation Administration, or Coast Guard).
Who has to record Injuries?
All Employers Except:
An Employer is a "person engaged in a business affecting commerce who has employees, but does not include... [government employees]."
29 CFR 1904.46

Injury or illness:
An injury or illness is an abnormal condition or disorder.

Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation.

Illnesses include ...things..., such as, but not limited to, a skin disease, respiratory disorder, or poisoning.

Is it work Related?
1904.5
...You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.

Work-relatedness is presumed ... unless an exception in § 1904.5(b)(2) specifically applies.
1904.5(b)(1)
What is the "work environment"?
"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."


At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee.

The injury or illness involves signs or symptoms that surface at work but result solely from a non-work-related event or exposure that occurs
outside the work environment.

The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption

The injury or illness is solely the result of personal grooming, self medication for a non-work-related condition, or is intentionally self-inflicted.

The common cold or flu
Is it a new case?
1904.6(a)
Basic requirement. You must consider an injury or illness to be a "new case" if:

1904.6(a)(1)
The employee has not previously experienced a recorded injury or illness of the same type that affects the same part of the body, or

1904.6(a)(2)
The employee ...had recovered completely (all signs and symptoms had disappeared) from the previous injury or illness and... the signs or symptoms... reappear.

Does it meet Recording Criteria?
1904.7(b)(1)(i)
Death. See § 1904.7(b)(2).

Days away from work. See § 1904.7(b)(3).

Restricted work or transfer to another job. See § 1904.7(b)(4).

Medical treatment beyond first aid. See § 1904.7(b)(5).

Loss of consciousness. See § 1904.7(b)(6).

A significant injury or illness diagnosed by a LHCP. See § 1904.7(b)(7)
.
What is First Aid?
You must Record the case
Did the case result in?
If the answer to any of those was "Yes"
No? - You're good!
Yes? - Better go to the next step...
HOW?
On the OSHA 300 Log
Case #
New case number for each case, must be unique, cannot be reused. For Example: 2013-1
Date of Onset of injury or illness
The next 4 columns are fairly self explanatory
Where did the injury occur
Describe injury or illness
"Burned left forearm"
Now here is where it can get tricky!
Using an X check only the most serious result of the injury or illness

Death... that is THE most serious result of injury.

Days away from work


Restricted or transferred
duty

Other Recordable Case
If an authorized LHCP (licensed healthcare provider) determines an employee is UNABLE to work, this is what is checked
It is important to note, that a case may have both Days Away...AND Restricted or Transferred duty (R&T), and that case is a DAYS AWAY case, because that is the most SERIOUS result of the injury.
If a Designated LHCP puts restrictions on the employee's physical abilities,

AND those restrictions impact the essential functions of that employees job, OR that employee must be transferred from their normal job, this is the result of the case.

i.e. "sit down work only" probably wouldn't keep a receptionist from doing the essential functions of their job.

But

"No lifting, pushing, or pulling over 5 lbs, no grasping with either hand, sit down work only" would probably create restricted or transferred duty for a maintenance worker
Simply put, this case meets one of the other recording criteria, but did not result in a Days Away, Restricted or Transferred Case
If the case resulted in Days Away, Or Restricted or Transferred Duty (if there is an "X" in either of these columns)
You also have to record the number of days they were on D.A.R.T. status here:
You begin counting Days Away the DAY AFTER the Incident or the day the employee was first taken off of work
You must count Days Away for each day the employee was UNABLE to work (weekends, etc)

You must count R&T days for each day the employee was UNABLE to work their normal job

These counts go for a combined max of 180 days.
What are employees?
As they say...
But wait there's more!
The OSHA 300A summary is completed at the end of the year, signed by top level executive at your location and posted in your workplace in a breakroom, etc from Feb 1st to April 30th
OSHA Recordability
$ WC Compensability
These two things ALMOST touch but they DO NOT.
They can influence one another, but
They are NOT THE SAME and it is very important to remember this!
You must also indicate whether the case was the result of an "injury" or an occupational "illness" as indicated in this section. Only place an X in the most appropriate column.
Questions?
Lively Discussion Time!
What's In it For me?
Keeping proper records is your first line of defense when it comes to an inspection.
It makes a good first impression
Keeping accurate records is a valuable tool for later analysis
Recordkeeping information is used to calculate certain rates which determine, in part, OSHA inspection priorities.
Examples of exceptions begin at 1904.5(b)(2)
notable exceptionns include:
One Last Point:
1904.1(a)(1)
If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep [an osha log] unless OSHA or the BLS informs you in writing that you must keep records under § 1904.41

BUT § 1904.42.

all employers covered by the OSH Act must report ... any workplace incident that results in a fatality or the hospitalization (admission) of 3 or more employees.
Full transcript