OSHA Recordkeeping Requirements

1
OSHA Recordkeeping Requirements

• Revised Recordkeeping rule effective on January
  1, 2002
• Updates 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
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OSHA Form 300
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OSHA Form 301
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(No Transcript)
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Recording Criteria

• Eliminates different criteria for recording
  work-related injuries and work-related illnesses
• Former rule required employers to record all
  illnesses, regardless of severity
• Letter of interpretation on reporting dates

1904.4
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Recording Criteria Decision Tree
1904.4
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Work-Relatedness

• Cases are work-related if
• An event or exposure in the work environment
  either caused or contributed to the resulting
  condition
• An event or exposure in the work environment
  significantly aggravated a pre-existing injury or
  illness

1904.5
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Work-Relatedness

• Work-relatedness is presumed for injuries and
  illnesses resulting from events or exposures
  occurring in the work environment
• A case is presumed work-related if, and only if,
  an event or exposure in the work environment is a
  discernible cause of the injury or illness or of
  a significant aggravation to a pre-existing
  condition. The work event or exposure need only
  be one of the discernible causes it need not be
  the sole or predominant cause

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Work-Related Exceptions

• Adds additional exceptions to the definition of
  work relationship to limit recording of cases
  involving
• eating, drinking, or preparing food or drink for
  personal consumption
• common colds and flu
• voluntary participation in wellness or fitness
  programs
• personal grooming or self-medication

1904.5(b)(2)
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General Recording Criteria

• Requires records to include any work-related
  injury or illness resulting in one of the
  following
• Death
• Days away from work
• Restricted work or transfer to another job
• Medical treatment beyond first aid
• Loss of consciousness
• Diagnosis of a significant injury/illness by a
  physician or other licensed health care
  professional

1904.7(a)
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General Recording Criteria (continued)

• Includes new definitions of medical treatment and
  first aid to simplify recording decisions
• Clarifies the recording of light duty or
  restricted work cases
• Letter of Interpretation on Temporary Employees

1904.7(b)(5)
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Recording Needlesticks

• Requires employers to record all needlestick and
  sharps injuries involving contamination by
  another persons blood or other potentially
  infectious material

1904.8
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Hearing Loss

• Starting January 1, 2003, record all work-related
  hearing loss cases where
• Employee has experienced a Standard Threshold
  Shift (STS)1, and
• Employees total hearing level is 25 decibels
  (dB) or more above audiometric zero averaged at
  2000, 3000, and 4000 hertz (Hz) in the same ears
  as the STS
• 1 A STS is defined in OSHAs noise standard at 29
  CFR 1910.95(g)(10)(i) as a change in hearing
  threshold, relative to the baseline audiogram, of
  an average of 10 dB or more at 2000, 3000, and
  4000 Hz in one or both ears.

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Musculoskeletal Disorders

• Applies the same recording criteria to
  musculoskeletal disorders (MSDs) as to all other
  injuries and illnesses
• Employer retains flexibility to determine whether
  an event or exposure in the work environment
  caused or contributed to the MSD

15
Tuberculosis Medical Removal

• Includes separate provisions describing the
  recording criteria for cases involving the
  work-related transmission of tuberculosis
• Requires employers to record cases of medical
  removal under OSHA standards

1904.11 1904.9
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Accident Scenarios

• Scenario 1
• An employee drives into the company parking lot
  at 730 a.m., exits his car, and proceeds to
  cross the parking lot to clock-in to work. A
  second employee, also on the way to work,
  approaches the first employee, and the two
  individuals get into a physical altercation in
  the parking lot. The first employee breaks an arm
  during the altercation. The employee goes to the
  doctor and receives medical treatment for his
  injury.
• Company Response The company deems this
  non-work related, and therefore non-recordable,
  since the employees had not yet reported to work
  and a work task was not being performed at the
  time of the altercation.
• OSHA Response The recordkeeping regulation
  contains no general exception for purposes of
  determining work-relationship for cases involving
  acts of violence in the work environment. Company
  parking lots/access roads are part of the
  employer's premises and therefore part of the
  employer's establishment. Whether the employee
  had not clocked in to work does not affect the
  outcome for determining work-relatedness. The
  case is recordable on the OSHA log, because the
  injury meets the general recording criteria
  contained in Section 1904.7.

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Accident Scenarios

• Scenario 2
• An employee reports to work. Several hours
  later, the employee goes outside for a "smoke
  break." The employee slips on the ice and
  injures his back.
• Company Response Since the employee was not
  performing a task related to the employee's work,
  the company has deemed this incident non-work
  related and therefore not recordable.
• OSHA Response Under Section 1904.5(b)(2)(v), an
  injury or illness is not work-related if it is
  solely the result of an employee doing personal
  tasks (unrelated to their employment) at the
  establishment outside of the employee's assigned
  working hours. In order for this exception to
  apply, the case must meet both of the stated
  conditions. The exception does not apply here
  because the injury or illness occurred within
  normal working hours. Therefore, your case in
  question is work-related, and if it meets the
  general recording criteria under Section 1904.7
  the case must be recorded.

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Counting days

• Eliminates the term lost workdays and focuses
  on days away or days restricted or transferred
• Includes new rules for counting that rely on
  calendar days instead of workdays

1904.7(b)(3)
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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
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Employee Privacy

• Prohibits employers from entering an individuals
  name on Form 300 for certain types of
  injuries/illnesses
• Provides employers the right not to describe the
  nature of sensitive injuries where the employees
  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
• Letter of Interpretation

1904.29(b)
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Annual Summary

• Requires the annual summary to be posted for
  three months instead of one
• Requires certification of the summary by a
  company executive

1904.32
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Reporting to OSHA

• Reporting of fatalities and catastrophes to
  exclude some public transportation and motor
  vehicle accidents
• All employers must still comply with OSHA
  standards, display the OSHA poster, and report to
  OSHA within 8 hours
• Any accident that results in one or more
  fatalities or
• The hospitalization of three or more employees.
• Orally report the fatality/multiple
  hospitalization by telephone or in person to the
  Area Office of the Occupational Safety and Health
  Administration (OSHA).
• Letter of Interpretation on the recordability of
  motor vehicle accidents!

1904.39
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Hazard Communication

• 1926.59
• Identical to 1910.1200
• Conduct chemical inventory
• Collect MSDSs
• Identify chemicals/materials that fall under
  OSHAs Hazard Communication Standard
• Physical Hazard
• Health Hazard
• Toxic
• Carcinogenic
• Written program
• Employee Training
• Labeling