Recordkeeping Overview of 29CFR Part 1904

1
Recordkeeping Overview of 29CFR Part 1904
2
Subpart A -- Purpose
1904.0 Purpose. The purpose of this rule (Part
1904) is to require employers to record and
report work-related fatalities, injuries and
illnesses.
Note to 1904.0 Recording or reporting a
work-related injury, illness, or fatality does
not mean that 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. 66 FR 6122, Jan.
19, 2001
X
3
1904.3 If you create records to comply with
another government agency's injury and illness
recordkeeping requirements, OSHA will consider
those records as meeting OSHA's Part 1904
recordkeeping requirements if OSHA accepts the
other agency's records under a memorandum of
understanding with that agency, or if the other
agency's records contain the same information as
this Part 1904 requires you to record. You may
contact your nearest OSHA office or State agency
for help in determining whether your records meet
OSHA's requirements. 42 FR 65165, Dec. 30, 1977
66 FR 6122, Jan. 19, 2001
4
Subpart C
1904.4(a) Basic requirement. Each employer
required by this Part to keep records of
fatalities, injuries, and illnesses must record
each fatality, injury and illness that
1904.4(a)(1) Is work-related and
1904.4(a)(2) Is a new case and
1904.4(a)(3) Meets one or more of the general
recording criteria of 1904.7 or the
application to specific cases of 1904.8
through 1904.12.
X
5
1904.4(b) Implementation
X
Criteria for Recording Work-Related Injuries and
Illnesses
6
Injury/Illness
An abnormal condition or disorder
Injuries include
Cuts
Fractures
Sprains
Amputations
Illnesses include both acute and chronic
illnesses such as
Poisoning
Skin diseases
Respiratory disorders
x
7
Work-Related
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 for injuries and illnesses resulting
from events or exposures occurring in the work
environment, unless an exception in
1904.5(b)(2) specifically applies.
8
1904.5 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

X
9
1904.5 Work-relatedness

• 9 Exemptions

• Present as a member of the general public

• Symptoms arising in work environment that are
  solely due to non-work-related event or exposure

• Voluntary participation in wellness program,
  medical, fitness or recreational activity

• Eating, drinking or preparing food or drink for
  personal consumption

• 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 medical opinion states work
  related

10
Working at Home
Injuries and illnesses that occur while an
employee is working at home, including work in a
home office, will be considered work-related if
the injury or illness occurs while the employee
is performing work for pay or compensation in the
home, and the injury or illness is directly
related to the performance of work rather than to
the general home environment or setting.
11
Working at Home Examples
x
If an employee drops a box of work documents and
injures his or her foot, the case is considered
work-related.
If an employee's fingernail is punctured by a
needle from a sewing machine used to perform
garment work at home, becomes infected and
requires medical treatment, the injury is
considered work-related.
If an employee is injured because he or she trips
on the family dog while rushing to answer a work
phone call, the case is not considered
work-related.
If an employee working at home is electrocuted
because of faulty home wiring, the injury is not
considered work-related
12
Employees in Travel Status
Injuries and illnesses that occur while an
employee is on travel status are work-related if,
at the time of the injury or illness, the
employee was engaged in work activities "in the
interest of the employer."
Examples of such activities include
X
Travel to and from customer contacts
Conducting job tasks
Entertaining or being entertained to transact,
discuss, or promote business
(work-related entertainment includes only
entertainment activities being engaged in at the
direction of the employer)
13
Employees in Travel Status
Injuries or illnesses that occur when the
employee is on travel status do not have to be
recorded if they meet one of the following
exceptions
If the employee has established a temporary
residence i.e. checked into a hotel or motel
for one or more days.
AND
The employee was not engaged in work related tasks
The injuries or illness occurred while the
employee was on a personal detour from a
reasonably direct route of travel (e.g, has taken
a side trip for personal reasons).
x
14
Which injuries and illnesses are considered
pre-existing conditions?
An injury or illness is a preexisting condition
if it resulted solely from a non-work-related
event or exposure that occured outside the work
environment.
X
15
How do I know if an event or exposure in the work
environment "significantly aggravated" a
preexisting injury or illness?
A preexisting injury or illness has been
significantly aggravated, for purposes of OSHA
injury and illness recordkeeping, when an event
or exposure in the work environment results in
any of the following
X
16
Preexisting Injury/Illness Event
Death
Loss of Consciousness
Medical Treatment
Job transfer, days away from work or days of
restricted activity
Provided that the preexisting injury or illness
would likely not have resulted in death, loss of
consciousness, job transfer, days away from work
or restricted work activity, or need for medical
treatment, but for the occupational event or
exposure.
X
17
New Case or Recurrence
The employee has not previously experienced a
recorded injury or illness of the same type that
affects the same part of the body
NEW
The employee previously experienced a recorded
injury or illness of the same type that affected
the same part of the body but had recovered
completely
NEW
18
New Case or Recurrence
The employee exhibits signs or symptoms of a
previously diagnosed chronic work related
disease.
Recurrence
The employee experiences signs or symptoms of
injury or illness as the result of an event or
exposure in the workplace.
NEW
19
Recordable
New Injury or Illness resulting in
Death
Days away from work
Days of restricted work activity or transfer to
another job
Loss of consciousness
Medical treatment beyond first aid
Significant Injury or Illness diagnosed by
physician or health care professional
20
Significant Diagnosed Injury or Illness
Work-related cases involving cancer, chronic
irreversible disease, a fractured or cracked
bone, or a punctured eardrum
21
Recordable
Needlestick injuries and cuts from objects
contaminated with blood or other potentially
infectious material
Medical removal under OSHA standards
Occupational hearing loss
Tuberculosis infection related to occupational
exposure
Musculoskeletal disorders
x
22
OSHA Form 300
23
OSHA Form 300A
24
OSHA Form 301