OSHAs New Recordkeeping Standard

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OSHAs New Recordkeeping Standard

• Gayle W. Fratto
• Manager, Safety Engineering Branch

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History of the Regulations

• In place since 1971
• Proposed changes announced in February 1996 (The
  Revision of the Injury Illness Recordkeeping
  System)
• Revision announced on January 18, 2001
• Final rule published in Federal Register on
  January 19, 2001
• Final rule effective January 1, 2002

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What prompted revisions to the regulations?

• Industry complaints
• Former recordkeeping requirements were
  complicated
• Former recordkeeping forms were cumbersome
• Confusing regulations
• Former regulations included only requirements
• Interpretations were found in many forms

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Why is OSHA Recordkeeping Important??

• Provides information to employers employees on
  injuries/illnesses related hazards in their
  workplaces
• Employers Management tool for administration of
  company safety health programs
• Employees Raises awareness level
• Provides OSHA compliance staff with information
  to facilitate inspections
• Produces statistical data, thereby measuring
  magnitude of nation's injury illness problem

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OSHA VS. WRKR. COMP.

• OSHA RECORDKEEPING REQUIREMEENTS ARE NOT THE SAME
  AS WORKERS COMPENSATION REQUIREMENTS!!!!

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New Forms

• 300 Log
• 301 Supplemental Form
• 300A Summary

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1904.2 - Newly Covered Industries

• 553 Auto and home supply stores
• 555 Boat dealers
• 556 Recreational vehicle dealers
• 559 Automotive dealers not elsewhere classified
• 571 Home furniture and furnishing stores
• 572 Household appliance stores
• 593 Used merchandise stores
• 596 Nonstore retailers
• 598 Fuel dealers
• 651 Real estate operators and lessors

• 655 Land subdividers and developers
• 721 Laundry, cleaning, and garment services
• 734 Services to dwellings and
• other buildings
• 735 Miscellaneous equipment rental and leasing
• 736 Personnel supply services
• 833 Job training and vocational rehabilitation
  services
• 836 Residential care
• 842 Arboreta and botanical or zoological gardens

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1904.2 - New Partially-Exempted Industries

• 525 Hardware stores
• 542 Meat and fish markets
• 544 Candy, nut, and confectionary stores
• 545 Dairy products stores
• 546 Retail bakeries
• 549 Miscellaneous food stores
• 764 Reupholstery and furniture repair
• 791 Dance studios, schools, and halls

• 792 Producers, orchestras, entertainers
• 793 Bowling centers
• 801 Offices and clinics of medical doctors
• 802 Offices and clinics of dentists
• 803 Offices of osteopathic physicians
• 804 Offices of other health care practitioners
• 807 Medical and dental laboratories
• 809 Health and allied services, NEC

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Recording Criteria

• Injuries and Illnesses
• Work Related
• New Case
• Meet one or more of Gen. Requirements
• Additional Criteria

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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 events or exposures
  occurring in the work environment

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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

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Additional Recording Criteria

• Needlestick and Sharp
• Tuberculosis
• Hearing Loss 10dba threshold shift/25dba loss
• Medical Removal
• MSD Cases Hold until Jan. 1, 2004

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Exceptions to Work Environment

• EE member of the general public
• Symptoms at work but source isnt
• Results voluntarily from wellness/recreation
  programs
• Eating/Preparing foods
• Performing personal tasks outside of normal work
  hours
• Personal grooming, self medication (for non work
  related illness), self inflicted.
• Motor vehicle accident in co. parking lot
• Common cold/flu

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Exceptions (continued)

• Common cold/flu
• Mental Illness

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Travel Status

• Hotel
• Detours

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General Recording Criteria

• For Injuries and Illnesses
• Death
• Loss of consciousness
• Lost work day
• Restricted work time/Job transfer
• Medical treatment
• Significant injury or illness diagnosed by
  physician or licensed health care professional

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Lost Work Days

• Count Calendar Days
• Doctor/Licensed Health Care Providers Opinion
• Counting Cap 180 days

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Restricted Work Days/Job Transfer

• Count Calendar Days
• Capp 180 Days
• Permanent Transfer

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Medical Treatment - Exceptions

• Visits to Medical Professional Solely for Medical
  Observation
• First Aid (ex. Butterfly Dressings)
• Diagnostic Procedures
• Prescription Medication (ex. eyes drops)

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First Aid

• Enclosed list of First Aid Treatments
• No other treatment!

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1904.7(b)(5) - First Aid

• 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

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1904.7(b)(5) - First Aid

• 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

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Significant Diagnosed Injury or Illness

• Diagnosed by Physician or Licensed Health Care
  Specialist
• Cancer
• Chronic Irreversible Disease
• Fractured or Cracked Bone (ex. Broken Toe, Broken
  Rib)
• Punctured Eardrum

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Hearing Loss

• STS of 10db or more at 2000, 3000, and 4000 htz.
• 25db Hearing Loss measured from Audiometric Zero
• Adjusted for Age
• Retesting STS not Recorded if New Test
  Performed Within 30 days (with negative results)

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1904.12 - Musculoskeletal Disorders

• From January 1, 2002 until December 31, 2003
• 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

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Recording

• Within 7 Calendar Days
• Centralized Records
• Recorded within 7 calendar days
• Make copies available
• Employees
• Former employees
• Government Reps.
• Employees Reps

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Privacy Concern

• Privacy Case In Place of EE Name
• Injury or illness to intimate part of the body
• Sexual assault
• Mental illness
• HIV, hepatitis, tuberculosis
• Contaminated needlestick/sharps cut
• Other illness If employee voluntarily requests
  it

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Privacy Concern (cont.)

• No Other Cases Classified as Privacy Case
• Additional Allowed Discretion in Describing
  Injury

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300A - Summary

• Separate Page
• February 1, through April 30
• Signed by Company Executive
• Company Owner If sole proprietorship
• Officer of Corporation
• Highest ranking company official at worksite
• Immediate supervisor of the highest ranking
  company official at the establishment

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300 Disclosure

• Disclosed by the End of the Next Business Day
• Employee or Former Employee
• Authorized Rep.
• Personal Rep.
• Designated by the employee or former employee in
  writing
• Legal rep. of a deceased or mentally
  incapacitated employee or former employee

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301 Disclosure

• Within 7 Calendar Days
• Authorized employee rep.
• Only supply section entitled Tell Us About the
  Case
• Next Business Day
• Personal rep.
• Employee or former employee

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Retain/Maintain

• 300, 301, 300A Must be Retained for 5 Years
  Minimum
• 300 Must be Maintained for the 5 Years

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Other Reporting

• Fatalities/Mass Hospitalization (3 or More
  Employees)
• Reported orally (to the Area Office nearest the
  incident)
• Must be reported within 8 hours
• Central number 1-800-321-0SHA

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Other Reporting (cont.)

• Exception (Fatality/Mass Hospitilization)
• Motor vehicle accident on public street or
  highway.
• Public Transportation
• More than 30 days past accident
• Still needs to be recorded

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Government Representatives

• Required to Supply Copies of Records
• Must Be Supplied Within 4 Business Hours
• Reps. Include
• Rep. of Secretary of Labor
• Rep. of Secretary of Health and Human Services
  (including NIOSH) conducting and investigation
• Rep. of State agency responsible for admin. of
  state plan

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OSHA Office of Statistics Recordkeeping Division

• The address and phone number of OSHA's
  Recordkeeping Division areOffice of
  StatisticsDivision of Recordkeeping
  Requirements200 Constitution Avenue, N.W.Room
  N-3507Washington, D.C. 20210(202) 219-6463

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Contact Information

• Gayle W. Fratto (Manager, Safety Engineering
  Branch Ga. Tech)
• Ph404-894-3589
• Fax[phone]
• gayle.fratto_at_gtri.gatech.edu
• www.oshainfo.gatech.edu