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

Resources for Your Business OSHA Recordkeeping: Requirements & Best Pracices

Essentials Risk Management

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.

Asking Questions

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

Resources for Your Business OSHA Recordkeeping: Requirements and Best Practices

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

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

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

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

Reporting Incidents Accidents & Fatalities

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

Reporting Incidents: Hospitalization Hospitalization of ANY employee

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

How to Report? Call the nearest OSHA area office OSHA 24-hour hotline: 1.800.321.6742 Electronically for Federal Plan states: www.osha.gov

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

Anti-Retaliation Provisions

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!

Recordkeeping Requirements Requirements: Keeping Logs & Electronic Submission

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

http://www.census.gov/eos/www/naics NAICS Codes

Reporting Requirements - Historical Providing records to government representatives (1904.40) An OSH, DHHS or NIOSH representative while conducting an authorized inspection Annual OSHA survey (1904.41) Requests from the Bureau of Labor Statistics (BLS) (1904.42)

Electronic Reporting 250+ employees AND currently required to keep OSHA logs Electronically submit OSHA 300, 300A, and 301 20-249 employees in certain industries Electronically submit OSHA 300A Based on Physical Location

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

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

Electronic Reporting

Questions?

Recordkeeping Process

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

Form 300 www.osha.gov

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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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

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

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

Special Recording Criteria 1904.8 Needlesticks and Sharps Injuries Involves contaminated sharp objects Protect employee s privacy Use engineering and work practice controls

Special Recording Criteria 1904.9 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

Special Recording Criteria 1904.11 Work-related Tuberculosis Exposure to active TB Positive skin test or diagnosis Respiratory condition

Questions?

Case Studies

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

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

OSHA 300 Entry

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

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

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

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

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?

Questions?

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