Resources for Your Business. OSHA Recordkeeping: Requirements & Best Pracices

Transcription

1 Resources for Your Business OSHA Recordkeeping: Requirements & Best Pracices

2 Essentials Risk Management

3 Resources from Key Risk This presentation provides general information and suggestions related to workplace safety programs. It is not intended and cannot be assumed that every legally required and/or acceptable safety procedure is included herein or that it addresses issues applicable to your particular workplace conditions or circumstances, and it cannot replace or substitute for the services of trained professionals. Although the information contained herein was obtained from sources believed to be reliable, Key Risk (a W. R. Berkley Company) makes no guaranty and assumes no liability or responsibility for the correctness, sufficiency, or completeness of such information and any errors or omissions in the content of this publication or any damages incurred resulting from the use of the information contained herein.

4 Asking Questions

5 Presenter Elesa Hurley, AIC, ALCM, CPCU Manager, Risk Management Operations

6 Resources for Your Business OSHA Recordkeeping: Requirements and Best Practices

7 Agenda OSHA s Specific Recordkeeping Requirements 2017 updates to the Recordkeeping and reporting requirements OSHA 300 log OSHA 300-A. OSHA 301

8 One Step at a Time These agenda items apply to Everyone: Reporting vs. Recording Reporting of accidents/fatalities Emphasis on anti-retaliation provisions

9 One Step at a Time These agenda items apply to many businesses, depending on the NAICS code: Requirements for keeping logs Recording criteria Special rules Electronic Recordkeeping Requirements

10 OSHA vs. Workers Comp Two separate systems Recordable for OSHA Reportable to Key Risk

11 Reporting Incidents Accidents & Fatalities

12 Reporting Incidents: Fatalities Report to OSHA Any workplace incident that results in a fatality Exclusions Death occurs on public street or highway UNLESS in a construction zone Death occurs on a commercial train, subway or bus

13 Reporting Incidents: Hospitalization Hospitalization of ANY employee

14 Reporting Incidents: Amputations & Loss of an Eye Amputations Traumatic loss of limb or other external body part Fingertips with or without bone loss Medical amputations Loss of an eye

15 How to Report? Call the nearest OSHA area office OSHA 24-hour hotline: Electronically for Federal Plan states:

16 What Information Do They Want? Establishment name Location and time of the incident Type of reportable event Number of employees involved Names of employees involved Contact person and phone number Brief description of the incident

17 Anti-Retaliation Provisions

18 Employee Right to Report Free from Retaliation Reporting procedure must be reasonable and not discourage reporting Employers must inform employees of their right to report work-related injuries free from retaliation No retaliation allowed!

19 Recordkeeping Requirements Requirements: Keeping Logs & Electronic Submission

20 Recordkeeping Requirements More than 10 employees Not on the partially exempt list Otherwise requested

21 NAICS Codes

22 Reporting Requirements - Historical Providing records to government representatives ( ) An OSH, DHHS or NIOSH representative while conducting an authorized inspection Annual OSHA survey ( ) Requests from the Bureau of Labor Statistics (BLS) ( )

23 Electronic Reporting 250+ employees AND currently required to keep OSHA logs Electronically submit OSHA 300, 300A, and employees in certain industries Electronically submit OSHA 300A Based on Physical Location

24 Electronic Reporting Based on NAICS Code 68 different codes are involved Major classes include Construction Manufacturing Stores Lots More!

25 Electronic Reporting Form 300: Log of work-related injuries and illnesses Form 300A: Summary of work-related injuries and illnesses Form 301: Injury and illness incident report

26 Electronic Reporting

27 Questions?

28 Recordkeeping Process

29 The Forms Form 300: Log of work-related injuries and illnesses Form 300A: Summary of work-related injuries and illnesses Form 301: Injury and illness incident report Privacy case list and/or sharps injury log

30 Form 300

31 To Record or Not to Record? Does it matter? Can I record everything? How do I decide?

32 To Record or Not to Record? NO Did the employee die or experience an injury or illness? YES NO Is the injury or illness work-related? YES Is the injury or illness a new case? YES NO Update the previously recorded injury or illness entry if necessary NO Does the injury or illness meet the general recording criteria or the application to specific cases? YES Do not record the injury or illness Record the injury or illness

33 What is Recordable? Fatality, injury or illness Work-related New case Meets one or more of the general recording criteria

34 Work-Related Event or exposure in work environment caused or contributed to condition The event/exposure significantly aggravated a pre-existing condition Work-related presumed while on employer s premises, unless

35 Non-Work-Related When injury/illness is solely a result of Non-work related exposure Voluntary participation in wellness, medical, fitness or recreation program Eating, drinking or preparing food Personal tasks outside of working hours Personal grooming, self medication or self inflicted Motor vehicle accident in parking lot, or company access road while commuting Common cold or flu Or, if injury or illness occurs while an employee is on premises as member of general public

36 New Case vs. Old Case No previous record of injury or illness of same type, affecting same body part, or All signs and symptoms had disappeared and work environment caused reappearance If advice is sought from a physician or other licensed health care professional (OLHCP), it must be followed

37 To Record or Not to Record? NO Did the employee die or experience an injury or illness? YES NO Is the injury or illness work-related? YES Is the injury or illness a new case? YES NO Update the previously recorded injury or illness entry if necessary NO Does the injury or illness meet the general recording criteria or the application to specific cases? YES Do not record the injury or illness Record the injury or illness

38 General Recording Criteria Death Days away from work Restricted work or transfer to another job Medical treatment beyond first aid Loss of consciousness Diagnosed as significant

39 Days Away From Work Do not count day of event Count calendar days 180 day cap Estimate and update Count stops when employee leaves company Record on one year s log only

40 Example John tripped and fell on December 15; fractured arm; out of work; next appointment December 30 Enter on 2015 OSHA 300 log, estimate days out (14) December 30 out until January 5; return to work restricted duty

41 Restricted Work or Transfer to Another Job Employer keeps employee from performing one or more routine functions or working a full workday; or Physician or healthcare provider recommends the same Counted same as days away from work

42 What is First Aid? Non-prescription medications at non-prescription strength Tetanus immunizations Cleaning, flushing, or soaking wounds on the skin surface Using wound coverings, such as bandages, BandAids, gauze pads, etc., or using SteriStrips or butterfly bandages Hot or cold therapy Using any totally non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc. Finger guards Massages

43 What is First Aid? Drilling a fingernail or toenail to relieve pressure, or draining fluids from blisters Eye patches Irrigation or a cotton swab to remove foreign bodies not embedded in or adhered to the eye Irrigation, tweezers, cotton swab or other simple means to remove splinters or foreign material from areas other than the eye Drinking fluids to relieve heat stress Temporary immobilization devices while transporting an accident victim (splints, slings, neck collars, back boards)

44 Significant Injuries & Illnesses Do not have to meet recording criteria Diagnosed by licensed health care professional Cancer, chronic irreversible diseases, fractured or cracked bones, and punctured ear drums are always significant and recordable

45 Loss of Consciousness Complete loss of consciousness, not a sense of disorientation, or diminished level of awareness Duration of time not a factor Must be work-related

46 Privacy Case List Not an established form Used only with privacy concern cases Enter privacy case on Form 300 Make a separate list with these names and case numbers

47 Privacy Concern Cases Injury to an intimate body part or the reproductive system Sexual assault Mental illnesses HIV infection, hepatitis or tuberculosis Needle sticks or sharps injuries Other illnesses upon employee request

48 Special Recording Criteria Needlesticks and Sharps Injuries Involves contaminated sharp objects Protect employee s privacy Use engineering and work practice controls

49 Special Recording Criteria Cases Involving Medical Removal Medically removed from work under the medical surveillance requirements of an OSHA standard Either days away or restricted duty Chemical exposure = poisoning

50 Special Recording Criteria Work-related Tuberculosis Exposure to active TB Positive skin test or diagnosis Respiratory condition

51 Questions?

52 Case Studies

53 To Record or Not to Record? NO Did the employee die or experience an injury or illness? YES NO Is the injury or illness work-related? YES Is the injury or illness a new case? YES NO Update the previously recorded injury or illness entry if necessary NO Does the injury or illness meet the general recording criteria or the application to specific cases? YES Do not record the injury or illness Record the injury or illness

54 To Record or Not to Record? NO Did the employee die or experience an injury or illness? YES NO Is the injury or illness work-related? YES Is the injury or illness a new case? YES NO Update the previously recorded injury or illness entry if necessary NO Does the injury or illness meet the general recording criteria or the application to specific cases? YES Do not record the injury or illness Record the injury or illness

55 OSHA 300 Entry

56 Form 300A Summarizes information on Form 300 Must be completed and certified at the end of each year Must be posted February 1 through April 30 of following year Retain and provide access for five years

57 Form 301 Must be completed within seven days Complete one for each Form 300 entry An equivalent form may be used Retain and provide access for five years

58 OSHA 301 Information about the employee Name & Address Date Hired Gender Date of Birth Medical Care Physician & Facility Emergency Treatment Hospitalization

59 OSHA 301 Information about the case Case # Date of injury/illness Time began work Time of event Specific Questions

60 OSHA 301 Specific Questions What was the employee doing just before the incident occurred? What happened? What was the injury or illness? What object or substance directly harmed the employee? If the employee died, when did death occur?

61 Questions?

62 Upcoming Webinars Upcoming Events January 26 OSHA Recordkeeping: 2017 Changes April 4 Distracted Driving 2017 Topics Distracted Driving OSHA Changes: Update Combating an Opiod Epidemic: A Prescription for Success Key Risk Resources OSHA Top 10 Maritime USL&H: Construction s Focus Four Register on line at ww.w. keyrisk.com; Click the resources hyperlink or contact riskmanagement@keyrisk.com

63 Thank you for joining us today!