OR-OSHA 108 OSHA 300 Recordkeeping Taking the guesswork out of OSHA recordkeeping…(well almost!) INSTRUCTOR GUIDE Non-Recordable Recordable Who knows! Presented by the Public Education Section Department of Business and Consumer Business Oregon OSHA 1005
OR-OSHA Mission Statement To advance and improve workplace safety and health for all workers in Oregon. • Consultative Services • • Offers no-cost on-site safety and health assistance to help Oregon employers recognize and correct safety and health problems in their workplaces. • • Provides consultations in the areas of safety, industrial hygiene, ergonomics, occupational safety and health programs, new-business assistance, the Safety and Health Achievement Recognition Program (SHARP), and the Voluntary Protection Program (VPP). • Enforcement • • Offers pre-job conferences for mobile employers in industries such as logging and construction. • • Provides abatement assistance to employers who have received citations and provides compliance and technical assistance by phone. • • Inspects places of employment for occupational safety and health rule violations and investigates workplace safety and health complaints and accidents. • Appeals, Informal Conferences • • Provides the opportunity for employers to hold informal meetings with OR-OSHA on workplace safety and health concerns. • • Discusses OR-OSHA’s requirements and clarifies workplace safety or health violations. • • Discusses abatement dates and negotiates settlement agreements to resolve disputed citations. • Standards & Technical Resources • • Develops, interprets, and provides technical advice on safety and health standards. • • Provides copies of all OR-OSHA occupational safety and health standards. • • Publishes booklets, pamphlets, and other materials to assist in the implementation of safety and health standards and programs. • • Operates a Resource Center containing books, topical files, technical periodicals, a video and film lending library, and more than 200 databases. • Public Education & Conferences • • Conducts conferences, seminars, workshops, and rule forums. • • Presents many workshops that introduce managers, supervisors, safety committee members, and others to occupational safety and health requirements, technical programs, and safety and health management concepts. • Additional Public Education Services • Safety for Small Business workshops • Interactive Internet courses • Professional Development Certificates • On-site training requests • Access workshop materials • Spanish training aids • Training and Education Grants • Continuing Education Units/Credit Hours For more information on Public Education services, please call (888) 292-5247 Option 2 Go online to check out our Professional Development Certificate Program! Portland Field Office (503) 229-5910 Salem Field Office (503) 378-3274 Eugene Field Office (541) 686-7562 Medford Field Office (541) 776-6030 Bend Field Office (541) 388-6066 Pendleton Field Office (541) 276-9175 Salem Central Office: (800) 922-2689 or (503) 378-3272 Web Site: www.orosha.org
INSTRUCTOR NOTESThis workbook is organized to assist employers in their efforts to develop self-sufficiency in the area of training. You are provided ideas on how to prepare for presentations on this topic, answers you might expect from participants, possible activities and examples to get you started individualizing the material to your presentation style. Do not try to use these materials as a verbatim script, or try to do the presentation in the way you believe the developer might do it. Everyone has their own strengths when it comes to training and you will want to build on yours. Recommended Advance Preparation for Instructors: -- Attend an OR-OSHA workshop on this topic if possible to see how someone else approaches this topic.-- Read and provide participants with a copy of the Recordkeeping rules which can be printed from the OR-OSHA external website.-- Review and provide copies of forms packet in legal size format which can be obtained from OR-OSHA Resource library.-- Review the entire workbook and instructor notes.-- Use the OR-OSHA website at (www.orosha.org) to access current information about this standard, review Q&A documents regarding Recordkeeping and obtain any other new interpretations issued after this material was developed. You will also find links to the federal websites with related information.-- Decide how you will present each section of the workbook keeping in mind that you will get better retention if you change the presentation method at least every 20 minutes. You may want to lecture for a period of time, have participants complete an activity, spend a few minutes debriefing what they came up with, etc. The important thing is that you not do any one thing for an extended period of time or the audience will drift off mentally.-- Think of examples or analogies that may help your audience understand what you are presenting.-- Call OR-OSHA Training for answers to your presentation questions or OR-OSHA Technical Section when you have questions about the interpretation of the rule. Staff in both sections can be reached at 503-378-3272.
Welcome! Introduction The purpose of this workshop is to introduce the requirements and procedures related to the OSHA 300 log. This class will help develop skills to accurately report occupational injuries and illnesses. Resources and reference materials will be identified for recordkeeping concerns or questions affecting the workplace. To get the most out of the workshop, please participate fully in all the activities. We hope you have fun and learn something of value today. Objectives 1. Introduce the rule requirements. 2. Determine if an injury or illness is work related and meets the criteria for a recordable case. 3. Make correct entries on the OSHA 300 log. Please...take copious notes! Please Note: This material or any other material used to inform employers of compliance requirements of Oregon OSHA standards through simplification of the regulations should not be considered a substitute for any provisions of the Oregon Safe Employment Act or for any standards issued by Oregon OSHA.
NOTESIntroduce class participants, emergency procedures, whatever generic information you need to share based upon the audience and location of the training. Review the objectives for the course. The course is designed for individuals who will be completing the new OSHA 300 forms and individuals who will be supervising those people. It is technical in nature and the intended outcome is the preparation of people to make accurate decisions regarding what is and is not recorded on the 300 log and supplemental forms and make correct entries on those forms. This rule is a federally issued rule that is consistent throughout the country. For that reason, the decisions made regarding what does and does not get entered should be the same whether the employer is completing a form for a location in Florida or Oregon. One difference which applies to Oregon that is NOT in the Federal language: Establishments that are partially exempt and are not required to keep the 300 log ARE required to keep the sharps log required under the Bloodborne Pathogens rules in Oregon. A partial exemption from Recordkeeping does not change any requirements of any other OR-OSHA rule.
WHY HAVE A RECORDKEEPING REQUIREMENT? --Obtain accurate information regarding workplace injuries and illnesses --Provide a management tool for administering company safety and health programs --Raise employer and employee awareness of workplace hazards --Provide compliance staff with information to facilitate inspections WHY IS A “NEW” RULE NEEDED? --Improve data --Protect privacy of the injured or ill worker --Improve employee involvement --Reduce unnecessary paperwork
NOTESUse overhead to review why there is a recordkeeping requirement. Point out issues that are the most important such as the need to obtain national and local statistics, identify trends, and types of injuries that are occurring, increase awareness on part of employers and employees, etc.Why was a new rule needed?There was a need for Improved statistics, opportunity to provide better and more accessible training to address the many different interpretations regarding what was “recordable” under the old rules, address privacy issues, increase employee and management involvement in the process, and reduce paperwork.
IMPLEMENTATION DATES --Rule effective January 1, 2002 --Hearing loss changes were made effective January 1, 2003. WHO DO THE RULES APPLY TO? --All employers covered by the Oregon Safe Employment Act, however: --Most employers will not be keeping the 300 log unless directed in writing to do so. KEEP IN MIND --Page 1 of the 80l is the only part used for Recordkeeping purposes. It is important that workers NOT sign or complete Page 2 of the 801 form if it is only being used for Recordkeeping and the worker does not want to file a Workers’ Compensation claim. --A decision to deny Workers’ Compensation benefits does not necessarily mean that the case should be removed from the 300 Log. OSHA Recordkeeping rules are not the same as Workers’ Compensation rules.
NOTESImplementation dates: The stay on categorizing hearing loss expired December 31, 2002. The criteria is now included in the rules.Who rules apply to: Clarifies that ALL employers are covered by the rules, however, some employers are “Partially Exempt” in that they do not have to keep a 300 log or the supplemental forms unless they are asked to do so in writing.Reinforce that the OR-OSHA Recordkeeping process and the Workers’ Compensation Insurance process are TOTALLY different. The only thing they have in common is that they both use Page 1 of the 80l for information gathering and documentation purposes and they both start with an injury to a worker. Just because a Workers’ Compensation case is accepted or denied does not necessarily mean there is or is not a recordable injury. Compensability is determined by Insurers. Recordability is determined by Employers who are expected to make decisions based reasonable judgement and supported by the rule language.
DEFINITIONS --PARTIAL EXEMPTION (Does not eliminate requirement to report serious injuries, fatalities and catastrophes to Oregon OSHA) --PARTIALLY EXEMPT EMPLOYERS ARE: --Employers with 10 or fewer employees during the last calendar year. (count peak employment including temporary employees) --Employers with the Standard Industrial Classification (SIC) codes listed in Table 1 on the following page need not keep OR-OSHA injury and illness records for any establishment in the list (regardless of size) unless OR-OSHA asks them in writing to do so. (Primarily retail & service sectors) --If your company has several business establishments engaged in different business activities, some of the establishments may be required to keep records while others may be exempt.
NOTESNote the use of the word “Partial Exemption” as opposed to “Exemption”. It is intended to point out that just because an employer does not have to keep the 300 log, they are still required to respond to survey requests, report fatalities within 8 hrs. and serious injuries requiring overnight hospitalization because of the injuries within 24 hrs. to OR-OSHA.The next section identifies those who is partially exempt.1. Ten or fewer employees during last calendar year.2. Standard Industrial Classifications listed on next page (These are intended to be the industries with the lowest injury rates. The audience may question why some types of work are or are not included. These were identified by federal OSHA based upon previously compiled statistics. It is not a list over which OR-OSHA has control or influence.)3. If your company has more than one establishment and some are on the list and some not, you will be required to keep records only on those establishments which are not exempt.You may want to provide some time for participants to review the list of partially exempt industries. Those who are on the list will probably choose not to stay for the remainder of the presentation as this is detailed, technical training that will have little relevance to people who are not going to use it at their place of employment.
Table 1 - Partially Exempt Industries SIC Industry Description SIC Industry Description Code Code 525 Hardware Stores 725 Shoe Repair and Shoeshine Parlors 542 Meat and Fish Markets 726 Funeral Service and Crematories 544 Candy, Nut, & Confectionery 729 Miscellaneous Personal Services Stores 545 Dairy Products Stores 731 Advertising Services 546 Retail Bakeries 732 Credit Reporting and Collection Services 549 Miscellaneous Food Stores 733 Mailing, Reproduction & Stenographic Services 551 New and Used Car Dealers 737 Computer and data Processing Services 552 Used Car Dealers 738 Miscellaneous Business Services 554 Gasoline Service Stations 764 Reupholstery and Furniture Repair 557 Motorcycle Dealers 78 Motion Picture 56 Apparel and Accessory Stores 791 Dance Studios, Schools, and Halls 573 Radio, Television, & Computer 792 Producers, Orchestras, Entertainers Stores 58 Eating and Drinking Places 793 Bowling Centers 591 Drug Stores and Proprietary 80l Offices & Clinics of Medical Doctors Stores 592 Liquor Stores 802 Offices and Clinics of Dentists 594 Miscellaneous Shopping Goods 803 Offices of Osteopathic Physicians Stores 599 Retail Stores, Not Elsewhere 804 Offices of Other Health Practitioners Classified 60 Depository Institutions (banks 807 Medical and Dental Laboratories 61 Nondepository Institutions 809 Health and Allied Services, Not (credit institutions) Elsewhere Classified 62 Security and commodity Brokers 8l Legal Services 63 Insurance Carriers 82 Educational Services (schools, colleges universities and libraries) 64 Insurance Agents, Brokers & 832 Individual and Family Services Services 653 Real Estate Agents and Managers 835 Child Day Care Services 654 Title Abstract Offices 839 Social Services, Not Elsewhere Classified 67 Holding and Other Investment 841 Museums and Art Galleries Offices 722 Photographic Studios, Portrait 86 Membership Organizations 723 Beauty Shops 87 Engineering, Accounting, Research, Management and Related Services 724 Barber Shops 899 Services, not elsewhere classified
NOTESThis is the list of partially exempt Standard Industrial Classifications.
DEFINITIONS (cont.) --PRIVACY CASES Those injuries and illnesses listed in 437-00l-0700(14)(h). Do not enter employees name on the log, but keep a separate, confidential list of case numbers and employee names. Use discretion in describing the injury or illness on the 300 and 80l forms. --COVERED EMPLOYEES All employees on your payroll. (and/or) All employees you supervise on a day-to-day basis even if they aren’t on your payroll if they receive any type compensation including being covered by your Workers’ Compensation coverage. --INJURY OR ILLNESS Abnormal condition or disorder. Illness includes both acute and chronic conditions. --PHYSICIAN OR OTHER LICENSED HEALTH CARE PROFESSIONAL An individual who’s legally permitted scope of practice (license, registration, certification) allows them to independently perform or be delegated responsibility to perform the activities described by this regulation.
NOTESMore definitions:You may want to have the class turn to the rule referenced under “privacy cases” and read the things that are considered privacy cases. Remind participants that you do not list the person’s name on the 300 log for these types of injuries and employers need to be creative in how they describe these injuries so it is not obvious what the injury is. For example, say “assault” rather than “sexual assault”. Employers need to have a separate list which identifies the individuals listed as “privacy cases” on the 300 log. This rule is to address privacy concerns because the entire 300 log must be released to those designated as having a right to see the document. That means any employee can see the entire 300 log.Covered Employees: If a person is receiving pay from you and/or receives any type of compensation and is supervised on a day to day basis by you, he or she is a covered “employee”. This means that temporary employees or volunteers who are covered by Workers’ Compensation or receive in-kind benefits and their work is directed by the employer are their employees when it comes to recording any injuries which occur to the person at the worksite. If the employer determines things like when they work and what they work on they are directing the work.Injury or Illness is defined because there must be an injury or illness in order to have a recordable injury. This removes the need to record things such as hepatitis shots which are done only as a preventive measure.Physician or other licensed health care professional is defined because an employer needs to accept the statement of any individual meeting this definition for recordkeeping purposes if one is provided. There is no requirement in the rule that a medical statement must be obtained, but if one is required or provided, it must be followed unless a second conflicting statement is provided. In that case, the employer uses the one which most accurately describes the situation.
EMPLOYERS REQUIRED TO KEEP THE OSHA 300 MUST RECORD FATALITIES, INJURIES AND ILLNESSES THAT: 1. Are work-related; and 2. Are new cases; and 3. Meet one or more of the general recording criteria. NOTE: Special reporting criteria applies to Needlestick and sharps injury cases, tuberculosis cases, hearing loss cases and medical removal cases.
NOTESUse either this written list or the flow chart on the next page to go over the questions you would ask yourself to decide whether or not a case is recordable. You may prefer using the flow chart as it adds a visual element to the decision process that I think is helpful in training.
DECISION PROCESS FOR DETERMINING 300 LOG RECORDABILITY 8
NOTESUse this flow chart to reinforce the fact that there must be multiple “yes” answers before you record an injury on the 300 log. This tends to diffuse concerns participants might have about not liking the definition of how you make a particular decision. For instance, you may have a participant that doesn’t like the definition of what makes an injury or illness work-related. Remind them that this is not the only decision that must be made, and just because there is a “yes” answer here does not necessarily mean all the answers at each of the steps will be “yes”. This is a multi-step process. It is also a process that cannot be consistent with Oregon’s Workers’ Compensation decisions because every state has it’s own Workers’ Compensation Laws and Rules and they are all different. Recordkeeping is a nationwide process. I do a quick review of the steps and let participants know that each step will be revisited in greater detail and at that time you will clarify what is meant by the terms, the decision process, etc.
The Rule When is an injury or illness considered work related? 437-00l-0700(6) (6) Work Related. An injury or illness is work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. You presume work-relatedness for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in Table 3 specifically applies. Notes:_____________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ________________________________________________________________________
NOTESWorkbook pages set up this way show the rule language on the left side of the page and a space for participant notes on the right.Work Related: Emphasize that the work environment need only “contribute” when it is a new injury or illness. The impact of the workplace when there is a pre-existing injury or illness must be much more significant. “Significant” would mean for instance, the person could previously work with some accommodation. Now because of a workplace event that worsened the previous injury, the person is unable to work at all. When a new injury occurs at the work establishment there is a presumption of work-relatedness unless the person meets one of the exemptions listed on the next page.
Table 3An injury or illness occurring in the work environment that falls under one of the following exceptions is not work-related, and is not recordable.DO NOT RECORD INJURIES AND ILLNESSES IF . . .--At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee.--The injury or illness involves signs or symptoms that surface at work but result solely from a nonwork-related event or exposure that occurs outside the work environment.--The injury or illness results solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity such as blood donation, physical examination, flu shot, exercise class, racquetball, or baseball.--The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption (whether bought on the employer’s premises or brought in). For example, if the employee is injured by choking on a sandwich while in the employer’s establishment, the case is not work-related.Note: If the employee is made ill by ingesting food contaminated by workplace contaminants (such as lead), or gets food poisoning from food supplied by the employer, the case is work-related.--The injury or illness 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.--The injury or illness is solely the result of personal grooming, self medication for a nonwork-related condition, or is intentionally self-inflicted.--The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work.--The illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are work-related if the employee is infected at work).--The illness is a mental illness. Mental illness is not work-related unless the employee voluntarily provides the employer with an opinion from a physician or other licensed health care professional with appropriate training and experience (psychiatrist, psychologist, psychiatric nurse practitioner, etc.) stating that the employee has a work-related mental illness.
NOTESTake these exceptions very literally. Some of them appear to be politically motivated in that they are dealing with a very specific issue which may have been brought to the rule hearings. Some of them are intended to “fix” concerns employers and employees had with the previous recordkeeping rules.-- Present in work environment as a member of general public. For example, an employer is having an open-house and an employee and his family are there as members of the public.-- Non-work-related: For example, the employer knows the employee hurt themselves over the week-end and limped into work. In short order they report a workplace injury of the same body part hurt over the week-end. Reinforce fact that you cannot refuse to allow any employee to apply for workers’ compensation. You would not, however, record the injury on the 300 log.-- Voluntary participation in a wellness program---: The important word here is “Voluntary”. If you have a “Mandatory” program such as morning stretching and an employee is injured, it is recordable. If you have a gym and allow people to play basketball during lunch time, breaks, etc., it would NOT be recordable.-- Employee eating, drinking, or preparing food or drink for personal consumption: Important word is “solely”. They need to be in the act of performing the listed activities. Also, if an employer provided contaminated food or an employee’s food is contaminated by workplace chemicals the injury would be recordable. An employee who became ill from food they purchased at an on-site vending machine or cafeteria would not meet the definition of “employer” provided. -- Doing personal tasks: Again, you see the word “solely”. An example would be allowing employees to come into a metal fabrication business during non-work time to use the employers equipment to make things for their personal use. (Notes Cont. Next Page)
NOTES-- Result of personal grooming, …”: Self explanatory--If an employee is cleaning their ears with a q-tip during work time and punctures an eardrum, it would fall under this exemption and not be recordable.-- Solely caused by a motor vehicle accident and occurs..: “while employee is commuting to or from work.” For this exemption to have any meaning, the employer needs to first determine where their “Establishment” actually begins. The question needing to be answered is “At what point do I become responsible for identifying and do I have the authority and responsibility for fixing hazardous conditions?” It may be that your establishment only includes the one room you rent in a large building. It may be that your establishment begins when people drive through a gate a block from the structure that houses your offices. In the event that you have responsibility for the parking area, the following applies: When an individual is commuting to work in a vehicle, they must exit their vehicle and begin their walk to their work location prior to being injured for the event to meet the definition of happening in the “work environment”. The reverse applies when the individual is leaving work at the end of the day. Once an employee starts work an injury happening anywhere the employer sends them would be considered as meeting the “work related” definition.-- Common Cold or Flu: Self explanatory-- Mental illness: Must be documented by a physician or other licensed authority on mental conditions. The documentation must make the statement that the “stress” or whatever else the mental diagnosis is results from workplace events or conditions. Just a diagnosis of “mental illness” would not make a case “work related.”
The Rule What about when employees are on travel status or work from their home? What is work related then? Notes:_____________________________ ___________________________________ ___________________________________ _________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ --Home away from home You must evaluate the employee’s activities after they check into the hotel, motel, or other temporary residence for their work-relatedness in the same manner you evaluate the activities of a non-traveling employee...If the employee has established a “home away from home” and is reporting to a fixed worksite each day, you also do not consider injuries or illnesses work-related if they occur while the employee is commuting between the temporary residence and the job location. --Detour for personal reasons Injuries or illnesses are not work-related if they occur while the employee is on a personal detour from a reasonably direct route of travel. 437-001-700(6)(c) Work at home Injuries and illnesses that occur while an employee works at home, including work in a home office, is work-related if the injury or illness relates directly to the work rather than to the general home environment or setting.
NOTESRule language explaining the fact that you would treat a “Motel” or other temporary location an employee is staying in the same way as you would their actual home.When in travel status, employees must be taking a reasonably direct route from office or other worksite to another for an injury in route to be considered work-related. No side trips to do personal shopping, for instance.When people work at home, they must actually be performing work. The employer must be aware of the fact that the employee does work at home by virtue of the fact that they have authorized working at home, are paying for work at home, have requested the employee do the work at home, etc. I suggest you just paraphrase the rule language and respond to any questions the group has.
Employee is swimming with his family at the pool where he is employed, slips and breaks his arm. Employee is diagnosed with a mental illness. Employee slams fingers in their car door in company parking lot on way to work. Employee is working at home (telecommuting) and the chair she is sitting on collapses injuring her. Employee trips on the curb when walking from the public parking area toward his office. Employee is injured in the lunch room at the worksite when he slips on some water while walking up to a fellow employee. Employee is doing stretching exercises in the company lounge as part of the companies voluntary wellness program when she is injured. Employee is driving a company truck delivering gravel to a worksite when injured. Employee gets food poisoning from pizza provided by her employer as a safety reward. Employee is cleaning his ears and punctures his eardrum with a q-tip while sitting at his desk. Make a mark next to the situations which would be considered work related.
NOTESHave participants complete the activity. The items that should be checked are:“Employee is working at home documenting……” (In the process of performing work)“Employee is driving a company truck delivering…..” (In the process of performing work)“Employee gets food poisoning from pizza…..” (Employer provided contaminated food)Items not checked and why:“Swimming with family” (There as a member of public)“Mental illness” (Statement does not document relationship between illness and work)“Slams finger in door” (Has not left car and started walking)“Trip on curb” (Public parking area not under control of employer)“Lunch room slip” (Employee does not meet definition of eating, drinking, preparing)“Stretching exercises” (Voluntary exercise, not a mandatory program)“Cleaning ears” (Personal activity not related to work unless he was trying to remove a workplace chemical that had been spilled on him or something of that sort)
How do I decide if this is a “new case”? Rule (cont.) 437-001-700 (7) New Cases. An injury or illness is a “new case” if: (a) The employee has no previous recorded injury or illness of the same type that affects the same part of the body, or (b) The employee previously had a recorded injury or illness of the same type that affected the same part of the body but recovered completely (all signs and symptoms disappeared) from the previous injury or illness and an event or exposure in the work environment caused the signs or symptoms to reappear. (A) For occupational illnesses where the signs or symptoms may recur or continue in the absence of a workplace exposure, record the case only once. Examples include occupational cancer, asbestosis, byssinosis and silicosis. Notes:_____________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ • Make a check mark by situations which would be considered “new cases” if they occurred at the worksite. • Employee fell and broke an arm. • An employee had previously suffered from a back injury and has had no restrictions for the past two years. He tried to move a box of metal parts and is now unable to work and will require surgery. • Employee has had previous problems with asthma. He is an electrician and has an asthma attack requiring medical attention after being exposed to dust in the attic he is rewiring. He receives no ongoing medication or treatment for his asthma. • Employee was diagnosed with occupational cancer last year. She has not previously had lost time due to this illness, but is now off work due to chemotherapy treatments she is receiving.
NotesDefines when there is a new case. Only injuries meeting this definition will be recordable. If the definition is not met, but previously the case was determined to be “new” and so it appears on a prior year’s 300 log that previous 300 log should be updated. Logs must be kept and updated as needed for 5 years. After that time they can be disposed of. Make no updates to entries which were initially identified and recorded under the old 200 rules The requirement to make updates only applies to prior years 300 logs.Note the difference between the definitions of “significant aggravation” as used in making a decision about whether or not there is a work relationship and the definition of a “new case” requiring all the signs and symptoms to have disappeared.The first, second and third examples would be new cases.First: Self ExplanatorySecond: Completely recovered from previous injury.Third: Absent ongoing treatment or medication, a predisposition would not preclude having any attack which meets this and other recordability criteria from being recordable. Employer would need to take steps to see these types of exposures are avoided or record each attack as a separate entry. Remember, these are going to be exposures that require medical treatment, result in work loss or other listed consequences to be recordable.The cancer case would have been “new” the year it was diagnosed. Employer would just update the prior years log/
What makes a case “recordable”? 437-001-700 (8)General Recording Criteria An injury or illness meets the general recording criteria, and is recordable, if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. You must record a case if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness. 437-001-700(8)(a) (a) You must record an injury or illness that results in death by entering a check mark on the OSHA 300 Log in the space for cases resulting in death. You must also report any work-related fatality to OR-OSHA within 8 hours. Notes:_____________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Notes:_____________________________ ____________________________________ ____________________________________ ____________________________________ RECORDING ON THE OSHA 300 LOG Record the following on the 300 Log: On 8/16/04, Jim James, maintenance worker, was cleaning out a conveyor belt jam in the corn processing area when he was pulled into the cutting blades. He was pronounced dead at the scene.
NotesParaphrase the language from the rule. Briefly go over the things that make a case recordable and indicate that you will go back and review each one independently. Go over the forms from the appendix. Review what goes in each block of the 300 log. If you provide a legal sized 300 log as a handout it will be easier for participants to see. Points to make:--Use of Case Number--Needs to be recorded on bottom right hand side of 80l to connect case with 80l document.--You can have a recordable case with no Workers Compensation claim. There may also be a Workers Compensation claim, but no recordable eventoryou could have a case that is recordable and also a Workers’ Compensation claim is being filed.Show the 80l and point out that --the top of page 1 is information about the person,--the bottom of Page 1 is information about the injury. Page 1 is completed and signed by the employer. Page 2 is not used in the 300 process. It is only completed when there is an intent to file a Workers’ Compensation claim. There must be a page 1 of the 80l, a 30l or equivalent document for every entry on the 300 log. Briefly show the federal form 30l just so they will know what it is when the rules reference the 30l as an equivalent form to the 80l. Show the 300A and point out that this is the only document that is to be posted from February 1 through April 30. No part of the 300 log is posted under the new rules. The signature must be from the most senior executive at the establishment. It can no longer be a clerical person, a safety person, etc. It needs to be the person with the most “position power” at the establishment such as the CEO, Director, etc.Have the participants complete the 300 log on Page 15 with the information about Jim James. The answer to the activity are on Page 19 of the workbook.
NotesThis blank 300 log can be used to record the activity on the prior page. You may want to provide a copy of the forms packet which can be obtained from any OR-OSHA office, or by calling the resources library at OR-OSHA, Central Office in Salem. The packet is on legal sized paper and provides a synopsis of the types of injuries and illnesses that would be categorized under each heading on the 300 log. This is very useful for people completing the form. For example, it has examples of types of illnesses and injuries that would be categorized in each of the columns (l) thru (5).
Rule (cont.) 437-001-700(8)(b) (b) When an injury or illness involves one or more days away from work, you must record the injury or illness on the OSHA 300 Log with a check mark in the space for cases involving days away and an entry of the number of calendar days away from work in the number of days column. If the employee is out for an extended period of time, you must enter an estimate of the days that the employee will be away, and update the day count when the actual number of days is known. (A) Begin counting days away on the day after the injury occurred or the illness began. (B) End the count of days away from work on the date the physician or other licensed health care professional recommends that the employee return to work. This applies regardless of whether the employee returns earlier or later than recommended. If there is no recommendation from the physician or licensed health care professional, enter the actual number of days the employee is off work. (C) You must count the number of calendar days the employee was unable to work as a result of the injury or illness, regardless of whether or not the employee was scheduled to work on those day(s). Include weekend days, holidays, vacation days or other days off in the total number of days recorded if the employee would not have been able to work on those days because of a work-related injury or illness. (D) You may stop tracking the number of calendar days away from work once the total reaches 180 days away from work and/or days of job transfer or restriction. Entering 180 in the total days away column is adequate. Notes:_____________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ________________________________________________________________________________________________________________________________________________________________________________
NotesThis page gives the rules regarding the counting of days away from work.(A) Don’t count the day the injury or illness began. Day 1 for counting purposes it the day following the injury. If the only lost time occurs on the day the injury occurs, you would record the case as a non-time loss and make a check mark in column (J) of the 300 log.(B) If a physician or other licensed health care professional sends a statement, you must record the number of days that person recommends even if the actual number of days off is more or less than the statement says. If you are provided two statements, you can use the one that you believe more accurately describes the situation.(C) Count calendar days no matter when the employee is scheduled for work, vacation, week-ends, etc.(D) Stop tracking once the total of days away and restricted days or either category reaches 180 days.
Rule (cont.) 437-001-700(8)(b) (E) If the employee leaves your company for some reason unrelated to the injury or illness, such as retirement, a plant closing, or to take another job, you may stop counting days away from work or days of restriction/job transfer. If the employee leaves your company because of the injury or illness, you must estimate the total number of days away or days of restriction/job transfer and enter the day count on the 300 Log. (F) You must enter the number of calendar days away for the injury or illness on the OSHA 300 Log that you prepare for the year in which the incident occurred. If the time off extends into a new year, estimate the number of days for that year and add that amount to the days from the year of occurrence. Do not split the days between years and enter amounts on the logs for two different years. Use this number to calculate the total for the annual summary, and then update the initial log entry later when the day count is known or reaches the 180-day cap. Notes:_____________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________
Notes(E) If an employee stops working for some reason not related to their injury, you can stop counting days. For instance, they already intended to retire and they go ahead with that plan after the injury occurs. Count time loss days up to the date of retirement. If the injury is the reason the person stopped working, you have to predict how long the person would have been off work until that total reaches 180 days.(F) Only record a case on the year’s 300 log when the case was identified as a new case. For example: Do not move the name to a new calendar year’s 300 log when the person is disabled on the last day of one calendar year and is still disabled the first day of the next calendar year.Remember: Once a recordable injury occurs it will count as a case when figuring the Days Away and Restricted Time (DART) rate. This calculation is used to determine whether an employer can be given a penalty reduction in the event that they are cited during an OR-OSHA Compliance Inspection. The number of days away does not affect the calculation. The reason the day count is important is for gathering statistical data on types and relative severity of injuries occurring in different types of employment. Do the best job you can to get a day count that accurately reflects the consequences of the injury which occurred.
Record the following situations on the 300 Log: Beth Martin was hit by a limb and received a head injury on 11/28/04 while working trimming trees in Sherwood. She was off work for 30 days. It was determined she would be permanently disabled and took early retirement under a disability clause. Don Hardy, welder, received burns to his right arm in the shop on 12/20/04 from his torch. It appeared that he would not be able to return to work for at least four months. On 12/30/04 the plant he worked for was closed and all employees were laid off at the end of their shift. Tammy Newcomer, chemist, inhaled chemicals in the lab on 10/5/04. She immediately had difficulty breathing, became dizzy and disoriented and was seen by a doctor who recommended she not work for 2 weeks. After one week, Tammy went back to work as she was feeling fine.
NotesHave the class record these three examples on the 300 log on Page 19 of this booklet or on the forms packet. Once completed, have the participants compare their answers with those on page 23. Ask if there are any questions.Key concepts:Beth Martin retired because of her injuries. It is pretty certain they will extend beyond 180 days, so you just enter the 180 days and stop tracking.Don Hardy: Stop counting once the plant closed as he is not employed because of a reason unrelated to his injury.Tammy Newcomer: Allowing a worker to return prior to their medical release date would not change the 300 log entry. Absent new medical documentation of an earlier release date you record what has been documented by the licensed health care professional.
NotesThis page gives the answers to the activity from Page 14 and allows space to record the answers from the activity on Page 18.
Rule (cont.) What about when there is a restriction in work or job transfer? 437-00l-0700(8)(c) When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the OSHA 300 Log by placing a check mark in the space for job transfer or restriction and an entry of the number of restricted or transferred days in the restricted workdays column. Notes:_____________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ What do you mean by restricted work? 437-001-700(8)(c)(A) (A) Restricted work occurs when, as the result of a work related injury or illness: (i) You keep the employee from performing one or more of the routine functions of their job, or from working the full day that they would otherwise work; or (ii) A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of their job, or not work the full workday that they would otherwise work. Notes:_____________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________
NotesThe first paragraph indicates that either a restriction in work activities or a restriction in the amount of time a person can work each day which is less than their regularly scheduled work shift would constitute a day of restricted time.The next paragraphs describe what constitutes a work restriction. The new rule refers to “routine functions” of their job. Routine functions are those things that an employee does one time per week on average. You would no longer use a position description to determine work restriction, but rather the things that the individual actually does. A statement from a licensed health care professional stating restrictions should be compared to the employees routine job functions to determine if it is really a work restriction.
Rule (cont.) 437-001-700(8)(c) (iii) A recommended work restriction is recordable only if it affects one or more of the employee’s routine job functions. To determine whether this is the case, you must evaluate the restriction in light of the routine functions of the injured or ill employee’s job. (iv) A partial day of work is recorded as a day of job transfer or restriction for recordkeeping purposes, except for the day on which the injury occurred or the illness began. (v) Record job transfer and restricted work cases in the same box on the OSHA 300 log. (vi) You count days of job transfer or restriction in the same way you count days away from work. The only difference is that, if you permanently assign the injured or ill employee to a job modified or permanently changed to eliminate the routine functions the employee was restricted from performing, you may stop the day count when the modification or change is permanent. You must count at least 1-day of restricted work or job transfer for such cases. Notes:_____________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________
NotesMore rule language about restricted work. Says you must look at the routine functions the employee has actually been performing up to the point of the injury.The count of restricted days is the same as the count of lost workdays except once a permanent transfer of duties occurs you can quit counting. If you make a permanent transfer the same day the injury occurs, you still must record at least one day of restricted time. They want these cases to at least appear on the 300 log even if the count of days may not be a correct reflection of the severity of the injury or illness.
Record the following situations on the 300 Log: On 6/28/04 John Johnson, glue foreman developed blisters on his hands due to an allergic reaction to the glue he was working with on the reject line. He went to the doctor who ordered him to be restricted from any job activity that could expose him to the glue for a period of one week (7 days). John did not believe this was necessary, so he returned to the reject line the next day and started using a better quality of protective gloves. On 7/30/04 Reggie Royal, bag mover, was hurt while moving bags on the loading dock. She was diagnosed with a hernia and ordered not to lift more than 20 pounds. That same day, she was transferred to a permanent office job which would not require lifting over 10 pounds.
NOTESAnswers are on Page 33. I recommend having participants complete the activity, then check their answers. Answer any questions they have.Important Points:John Johnson-- Must again record as Licensed Health Care Professional has documented injury no matter what employer allows worker to do that would shorten or extend days of actual restricted work activity.Reggie Royal-- Must enter and record at least 1 day restricted time when injury occurred which would have resulted in restricted time absent the permanent transfer.
NotesAnswers to the activity on Page 18 and space to record answers for the activity on Page 22.