update to osha’s recordkeeping and reporting rule & … handouts/diosh recordkeeping 2… ·...
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www.osha.gov
Update to OSHA’s Recordkeeping and Reporting Rule & BLS update
Occupational Safety and Health Administration
Topics and fun • Bureau of Labor Statistics
• What’s new - Reporting
• All things not recordable
• Trish answers your questions
Expanded reporting requirements
The rule expands the list of severe work-related injuries and illnesses that all covered employers must report to OSHA.
Starting January 1, employers must report to OSHA: • All work-related fatalities within 8 hours (no change) • All work-related in-patient hospitalizations of one or
more employees within 24 hours • All work-related amputations within 24 hours • All work-related losses of an eye within 24 hours
• By telephone to the nearest OSHA office during normal business hours.
• By telephone to the 24-hour OSHA hotline – (1-800-321-OSHA or 1-800-321-6742).
• Online - available soon at: www.osha.gov/report_online.
How can employers report to OSHA?
Effective date
For workplaces under Federal OSHA jurisdiction • Final rule becomes effective January 1, 2015 For workplaces in State Plan States • States encouraged to implement new coverage
provisions on January 1, 2015, or as soon after as possible.
• Check with your State Plan for their implementation date of the new requirements.
More on Reporting… If a fatality occurs within 30 days of the work-related incident or if an in-patient hospitalization, amputation, or loss of an eye occurs within 24 hours of the work-related incident, then you must report the event to OSHA. If the fatality occurs after more than 30 days of the work-related incident, or if the in-patient hospitalization, amputation, or loss of an eye occurs after more than 24 hours after the work-related incident, then you do not have to report the event to OSHA. You must record these events on your OSHA injury and illness forms.
What is an amputation?
An amputation is the traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; amputations of body parts that have since been reattached.
Amputations do not include Avulsions (tissue torn away from the body), Enucleations (removal of the eyeball), Deglovings (skin torn away from the underlying tissue), Scalpings (removal of the scalp), Severed ears, Broken or chipped teeth.
Letter of Interpretation
• Question 3: If an employee loses the very tip of his finger, would this have to be reported to OSHA within 24 hours of the work-related event? What if the employee loses any part of the finger above the first joint?
• Response: If the tip of the finger is
amputated, the work-related event must be reported. An amputation does not require loss of bone.
LOI – How do you distinguish between an amputation and an avulsion?
• If and when there is a health care professional's diagnosis available, the employer should rely on that diagnosis.
• If there is no available diagnosis by a health care professional, the employer should rely on the definition and examples of amputation included in the regulatory text of Section 1904.39(b)(11).
Letter of Interpretation • Question 4: Does loss of an eye include loss of
sight?
• Response: Loss of an eye is the physical removal of the eye, including enucleation and evisceration.
• Loss of sight without the removal of the eye is not reportable under section 1904.39, but…
• A case involving loss of sight that results in the in-patient hospitalization of the worker within 24 hours of the work-related incident is reportable.
• The rule also updates the list of industries that are partially exempt from the requirement to routinely keep OSHA injury & illness records (e.g. the OSHA 300 log), due to relatively low occupational injury & illness rates.
• The new rule retains the exemption for any firm with ten or fewer employees, regardless of their industry classification, from the requirement to routinely keep records.
• Reminder: All employers, even those exempt from recordkeeping requirements, must report a work-related fatality, in-patient hospitalization, amputation, or loss of an eye to OSHA.
Industry exemptions
New list of exempt industries
www.osha.gov
New list of exempt industries
How do I report a fatality, hospitalization, amputation or loss of an eye? Call the nearest OSHA office during normal business hours, or call the 24-hour OSHA hotline 1-800-321-6742. *Soon employers will also be able to report online at www.osha.gov/report_online.
Compliance assistance materials
OSHA 300A Form
OSHA 301 Form
Company Exec. Certification 1904.32
• Examined the log
• Based on their knowledge of the recordkeeping process, that the summary is accurate and complete
• Company executive – Owner – Officer of the Corporation – Highest ranking management official at facility – Supervisor of highest ranking official on the site
Partially exempt
• Size of the company? 11
• If the company had ten (10) or fewer employees at all times during the last calendar year, they do not keep records – Employment for the whole company – Peak employment last calendar year – Include temporary employees
supervised on a day-to-day basis
General Recording Criteria 1904.7
• An injury or illness is recordable if it results in one or more of the following:
– Death – Days away from work – Restricted work activity – Medical treatment beyond first aid – Loss of consciousness – Significant injury or illness diagnosed by a
physician or other LHCP
Covered Employees 1904.31
• Employees on payroll
• Employees not on payroll who are supervised (specify output, product or result of the work or supervises the details, means, methods or processes) on a day-to-day basis
• Temporary agencies should not record the cases experienced by workers who are supervised by the using firm
Work relationship 1904.5
• Event or exposure in the work environment caused or contributed to the condition
or • Significantly aggravated a pre-existing injury
or illness.
Nine Exceptions
1. Present as a member of the general public.
2. Symptoms arising in work environment that are solely due to non-work-related event or exposure.
3. Voluntary participation in wellness program, medical, fitness or recreational activity.
4. Eating, drinking or preparing food or drink for personal consumption.
Nine Exceptions 5. Personal tasks outside assigned working
hours. 6. Personal grooming, self medication for
non-work-related condition, or intentionally self-inflicted.
7. Motor vehicle accident in parking lot/access road during commute.
8. Common cold or flu. 9. Mental illness unless medical opinion states work related.
Medical treatment is the management and care of a patient to combat disease or disorder.
It does not include: • Visits to licensed health care professional
solely for observation • Diagnostic procedures • First Aid
First Aid
• Using nonprescription medication at nonprescription strength
• Tetanus immunizations
• Cleaning, flushing, or soaking surface wounds
• Wound coverings, butterfly bandages, Steri-Strips; glue?
• Hot or cold therapy • Non-rigid means of
support – braces? • Temporary immobilization device used to transport accident victims
First Aid • 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
• Drilling of fingernail or toenail, draining fluid from blister
• Finger guards • Massages • Drinking fluids for relief of heat stress
Restricted Work / Job Transfer 1904.7(b)(4)
• Employee is kept from performing one or more of the routine functions (at least once a week) that he or she would otherwise have been scheduled to work.
• or • An employee is kept from working a full
workday
Privacy Concern Cases are: – An injury or illness to an intimate
body part or reproductive system – An injury or illness resulting from
sexual assault – Mental illness – HIV infection, hepatitis,
tuberculosis – Needlestick and sharps injuries
that are contaminated with another person’s blood or other potentially infectious material
Privacy Concern Cases
• Do not enter the name of an employee on the OSHA Form 300 for “Privacy concern cases”.
• Write “Privacy concern” in the name column. • Keep a separate confidential list of the case
numbers and employee names. • Other types of injuries or illnesses cannot be
classified as privacy concern cases • Employer may use discretion in describing the
privacy concern case if he or she believes the worker may be identified
