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

2. OSHA Form 300

3. OSHA Form 301

5. 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

6. Recording Criteria Decision Tree 1904.4

7. 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

8. 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

9. 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)

10. 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)

11. 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)

12. Recording Needlesticks • Requires employers to record all needlestick and sharps injuries involving contamination by another person’s blood or other potentially infectious material 1904.8

13. Hearing Loss • Starting January 1, 2003, record all work-related hearing loss cases where: • Employee has experienced a Standard Threshold Shift (STS)1, and • Employee’s 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 OSHA’s 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.

14. 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

16. Accident Scenarios Scenario 1: • An employee drives into the company parking lot at 7:30 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.

17. 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.

18. 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)

19. 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

20. Employee Privacy • Prohibits employers from entering an individual’s name on Form 300 for certain types of injuries/illnesses • Provides employers the right not to describe the nature of sensitive injuries where the employee’s 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)

21. 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

22. 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

23. Hazard Communication • 1926.59 • Identical to 1910.1200 • Adoption of GHS criteria, labeling, SDS, etc. • Conduct chemical inventory • Collect MSDS’s • Identify chemicals/materials that fall under OSHA’s Hazard Communication Standard • Physical Hazard • Health Hazard • Toxic • Carcinogenic • Written program • Employee Training • Labeling