The injury reporting is delayed.

1. OSHA Recordkeeping
and Reporting
Johnanewquist@gmail.com
815-354-6853
Draft 2 10 2017
1

2. May 2016
• OSHA still needs a way to walk those in
safety roles through what is and isn't a
recordable injury.
• I continue to see too many people,
including those with safety degrees who
are convinced if they can get Workers
Comp to deny a claim they can take it off
the OSHA log (I.e. Positive drug tests). –
Pam S
2

3. May 2016
• Establishments with 250 or
more employees in industries
covered by the recordkeeping
regulation must submit
information from their 2016
Form 300A by July 1, 2017.
• These same employers will be
required to submit information
from all 2017 forms (300A,
300, and 301) by July 1, 2018.
• Beginning in 2019 and every
year thereafter, the information
must be submitted by March 2.
• Establishments with 20-249
employees in certain high-risk
industries must submit
information from their 2016
Form 300A by July 1, 2017,
and their 2017 Form 300A by
July 1, 2018.
• Beginning in 2019 and every
year thereafter, the information
must be submitted by March 2
• beginning in 2017.
• Employee names will not be
collected

4. Fatality/Catastrophe Reporting
• Report orally within 8
hours any work-related
fatality or incident
involving 3 or more in-
patient hospitalizations
• Do not need to report
highway or public street
motor vehicle accidents
(outside of a
construction work zone)
• Do not need to report
commercial airplane,
train, subway or bus
accidents
• Must report fatal heart
attacks
•1-800-321-OSHA

5. New Rule
• As of January 1, 2015, all
employers must report:
• All work-related fatalities within 8
hours.
• All work-related inpatient
hospitalizations, all amputations
and all losses of an eye within 24
hours.
• You can report to OSHA by:
• Calling OSHA’s free and
confidential number at 1-800-321-
OSHA (6742)
• Calling your closest OSHA Area
Office during normal business
hours – Aurora 630-896-8700
• Using the new online form that will
soon be available.
“Jordan Barab We will not
be inspecting all reports,
but we will have some
contact with them.”

6. Further
• Only fatalities occurring
within 30 days of the
work-related incident
must be reported to
OSHA.
• Further, for an inpatient
hospitalization,
amputation or loss of
an eye, these incidents
must be reported to
OSHA only if they occur
within 24 hours of the
work-related incident.
The Midwest Region in Chicago is
estimating 3000 amputations and
10,000 hospitalization called in in
2015.

7. What Information is Needed?
• Employers reporting a fatality,
inpatient hospitalization, amputation
or loss of an eye to OSHA must
report the following information:
• Establishment name
• Location of the work-related incident
• Time of the work-related incident
• Type of reportable event (i.e.,
fatality, inpatient hospitalization,
amputation or loss of an eye)
• Number of employees who suffered
the event
• Names of the employees who
suffered the event
• Contact person and his or her phone
number
• Brief description of the work-related
incident
It is considered an ER
referral - almost always
inspect.
Few exceptions that allow
a phone and fax that
requires an accident
investigation, results, and
abatement verification.

8. 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, or
broken or chipped teeth.

9. Hospitalization
• No, you do not have to
report an in-patient
hospitalization that
involves only
observation or
diagnostic testing.
• You must only report
each in-patient
hospitalization that
involves care or
treatment.

10. Category 1
• OSHA Hospitalization, Amputations Reporting Inspection triggers
• In OSHA's non released but media published memo, OSHA said
these reports by companies to OSHA after an amputation or
hospitalization will automatically trigger an onsite inspection.
Category 1 reports— any of these trigger an inspection:
- a fatality;
- at least two hospitalizations;
- any injury of a worker 17 years old or younger;
- similar events at the worksite involving multiple injures that
occurred in the past year;
- employer history of repeat, willful, failure-to-abate or egregious
violations;
- employer previously designated as a severe violator;
- employer covered by national or local emphasis program; or
- any imminent danger
• Answer ‘Yes,’ Get Inspected. 10

11. Category 2
• Reports that could trigger an inspection if at least TWO of the
following questions below are answered ‘‘yes’’ will be recorded as
Category 2 reports,
The Category 2 questions are:
- Were temporary workers or ‘‘other vulnerable populations’’ injured
or made ill?
- Does the employer participate in a cooperative safety program
such as the Voluntary Protection Program or an alliance?
- Are employees still exposed to factors underlying the hazards
producing the injury or illness?
- Was the incident the result of failure of a safety program such as
lockout/tagout or process safety management?
- Were employees exposed to a serious hazard such as falls,
combustible dust or heat?
- Is there a pending whistle-blower complaint or inspection?
- Does the employer have a history of OSHA inspections?
- Did another government agency make a referral?
- Were health issues such as chemical exposure and heat stress
involved?
11

12. OSHA
• Department of Labor
to enforce Safety
and Health laws
• NIOSH
• OSHRC
• Osha Training
Institute
• 56 million workers at
3.5 million
workplaces in 1971
 This Act created OSHA,
the agency, which formally
came into being on April
28, 1971

13. Voluntary Compliance - 1979
• In 1979, Senator Richard
Schweiker of Pennsylvania
sought to exempt from safety
inspections all employers, large
or small, regardless of industry,
who had good safety records.
• They would still have to conform
to OSHA regulations and be
subject to health inspections.
• Labor unions objected that his
proposal would dilute
enforcement.
• It was defeated in 1980.
• Schweiker originally
supported the Act, but
believed Congress had
mistakenly cast the Labor
Department as a “policeman”
for all the nation’s
workplaces.
• He hoped to focus
enforcement on the smaller
number of workplaces where
it was necessary, stimulating
cooperation and voluntary
compliance in the rest.
13

14. Records Review - 1981
• In October 1981, OSHA
decided to tie its inspection
procedures in high hazard
manufacturing
establishments to “lost
workday incident rates”
(LWDI)
• The policy was intended to
further focus the agency’s
inspection resources on
hazardous workplaces
where injuries and illnesses
were most likely to occur.
• The records review policy
directed field staff to
calculate the LWDI rate as a
key component of targeted
safety inspections of general
industry workplaces.
• LWDI is now DART (Days
Away, Restricted and
Transfers)
14

15. Electromotive 1982
• Lagrange IL
• William Havell, an employee
at had filed a claim against
GM in 1979 under the Illinois
Worker's Comp
• The basis for that claim was
that Havell "injured his body
while working.“
• In March 1982, Havell
submitted to GM, through the
law firm that represented him
in the WC claim, a signed
request for access to "[a]ll
medical and exposure
records" concerning him.
• Electromotive denied this.
• The ALJ rejected GM's
arguments, found a willful
and serious violation in all
three cases, and assessed a
$10,000 penalty in each
case.
• The OSHRC affirmed the
judge's findings of violations,
but find them non-willful and
impose a $1000 penalty in
each case
15

16. Employee Rights
– A safe and healthful workplace
– Know about hazardous chemicals
– Information about injuries and illnesses in your workplace
– Complain or request hazard correction from employer
– Training
– Hazard exposure and medical records
– File a complaint with OSHA
– Participate in an OSHA inspection
– Be free from retaliation for exercising safety and health
rights

17. Access to Medical Records
• 1910.1020: right to examine & copy medical and
exposure records
• Examples of toxic substances and harmful physical
agents are:
– Metals and dusts, such as, lead, cadmium, and silica.
– Biological agents, such as bacteria, viruses, and
fungi.
– Physical stress, such as noise, heat, cold, vibration,
repetitive motion, and ionizing and non-ionizing
radiation.

18. Chemical Company
• 1/31/1984
• IL
• $1000 Other
• Worker fell and broke
leg from ladder
• Citation deleted
18

19. Auto Manufacturer
• 2/12/1985
• Toledo OH
• $1000
• Company denied any injuries
on worker comp.
• Motive was to keep money for
injuries in the bank.
• Try to dry out employees and
make them poor.
• Hearings postponed to break
employees
• Put injury under personal
insurance vs work company
• Made referral to Ohio BWC
• 1080 cases not recorded
• Co felt it was an oversight.
19

20. Union Carbide
• 9/17/1985
• First Records case
• First egregious RK
• $1.30 million for the RK
violations, which occurred at
two plants in West Virginia.
• Union Carbide, which had
contested the penalty imposed
by the agency, said that it was
paying the $408,500 only to
avoid much higher legal costs
if it contested the decision in
court
20

21. Food Company
• 02/04/1986
• West Chicago IL
• CSHO notices the company is
one case under the record
review exemption.
• Records are pulled and one
accident report says “This is
Yolanda’s second lost time
accident this year.”
• The first accident was not
recorded.
• The union adds others that
were missing.
• Cited $1000 Willful, settled at
$1000 serious 21

22. Auto Manufacturing
• 04/14/1986
• Belvidere IL
• Repetitive motion –
not record ergo and
strain and sprain
• $910k reduced to
$284K
22

23. Equipment Manufacturing
• 11/20/1986
• Montgomery IL
• Medical doctor were
saying back injuries
are never work
related.
• $776,000 reduced to
affirmed willful of
$25k.
• 6 diff categories- like
steristrips 23

24. General Dynamics
• 1986
• Quonset Point RI
• $615,000
• Failure to record and
failure to fill out
accident information.
• Reduced to $47,200
24
Therefore, an inaccurate entry on an
OSHA form 200 violates the Act until
it is corrected, just as a condition
that does not comply with a standard
issued under the Act violates the Act
until it is abated

25. Wire Manufacturer
• TX
• 3/19/90
• 385 willful at $3000 each, later reduced to $610
each
• Total $1,236,000.00
• Records review, just 0.1 above the rate
• Only had back injuries with all these metal
handling process was the tip off.
• CSHO asked for the first aid log and found 385
cases that would be recordable.
25

26. SST - 1999
• 1999
• OSHA initiated the Site-
Specific Targeting (SST)
program – an enforcement
plan intended to target general
industry (non-construction)
worksites reporting the highest
injury and illness rates.
26

27. Screw Machine Mfr
• 7/13/2005
• $788,000
• 3 records violations
• 49 Willful and Serious
for machine guarding
and lockout.
• Missed SST because
of low recordkeeping
• Reduced to $175,000
27

28. Retail Store 2009
• Cincinnati
• 03/12/2009
• Consultant hired to
expunge records
• Broken leg was
deleted.
• $30,000 reduced to
$10,000
28

29. 2010 IL
• ROCKFORD, Ill. — The U.S.
Department of Labor's
Occupational Safety and Health
Administration has cited the XXXX
regional distribution center in
Rockford with $182,000 in
proposed penalties for failure to
document and report employee
injuries and illnesses, as required
by OSHA safety and health
regulations
• Reduced to $95,000
29

30. 2010 TX
30
83 willful citations for failing to record and improperly recording work-
related injuries and illnesses at the company's Houston air
conditioning cooling facility. Proposed penalties total $1,215,000.

31. Volks Decision - 2012
• In 2006, OSHA issued a
citation alleging that
Volks had failed as long
ago as 2002 to record
injuries on its Form 300
injury logs and to create
Form 301 injury reports.
• Volks claimed that the
citations were untimely
because the
Occupational Safety and
Health Act has a 6-month
statute of limitations.
“No citation may be issued …
after the expiration of six months
following the occurrence of any
violation.”

32. Criminal 2013
• Walter Cardin, former safety
manger to 78 months in prison
for deliberately falsifying
records of workplace injuries
• “used the false injury reports to
claim bonuses of more than
$2.5 million under the
contract.”
• Located at: Oakdale II FCI
• Release Date: 02/10/2019
Oakdale cell

33. Criminal 2014
• Sean A. Chase, 32, of
Spencer, West Virginia,
was sentenced to two
years of supervised
release.
• He was convicted earlier
this year of "making false
representations and
certifications" on mine
safety records, and one
count of "false statements
to a federal agent."

34. Criminal 2014
• Frederick Prinz, 38, of
Marmora, N.J., pleaded
guilty before U.S. District
Judge Joseph H.
Rodriguez in Camden
federal court to an
information charging him
with making and selling
fraudulent construction
industry certification
forms, known as “OSHA
30” cards. Sentencing is
scheduled for Dec. 10.

35. Sep 2015
35

36. OSHA In Illinois
• 5 offices – Des Plaines,
• Aurora, Calumet City,
Peoria, Fairview Heights
• 2800 inspections total
National Emphasis Program (NEP)
~15 RECORDKEEPING NEP

37. Recordkeeping
Scope of Documents for
Recordkeeping Inspection
• OSHA Forms 300, 300A and
301
• Medical records AT the clinic
you use
• Worker’s compensation records
• Insurance records
• Payroll/absentee records
• Company safety incident
reports
• Company first aid logs
• Disciplinary records relating to
injuries and illness
37 | © 2013 Seyfarth Shaw LLP

38. 38
Forms
• 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

39. Who Keeps Records?
• Employers with only 10 or less employees.
• Low hazard industries. (See end slides)
39

40. 40
OSHA Form 300

41. Calculation of the DART
• DART = Days
Away, Restricted
or Transferred
• DART= #cases x 200,000/ #hours
41

42. OSHA 300
• Summary
• Review OSHA 300
• Dart Exercise on
Sample Prefilled
Form
• Fatalities are
recorded on Column
G and M
• What is the DART of
the company listed on
the handout?
• Hours = 100,000
42

43. DART Comparison
• BLS DART 2013
• Private sector 1.7
• Construction 2.2
• Manufacturing 2.2
• Service 1.6
• Education 0.8
• Trucking 3.2
• Warehousing 3.7
• Utilities 1.1
• Agriculture 3.4
43

44. TCIR
• 3.0 million work-
related injuries and
illnesses
• The national TCIR
rate for the private
sector in 2013 was
3.3 per 100 workers
(down from 3.7)
• Total Incident Case
Rate = TCIR

45. DAFW or “Lost Time” Rate
• DAFW = days away from
work cases
• Usually only to see
physical injuries cases
involving lost time.
• Used by Ford and several
other companies.
• Not restricted or
transferred counted.
• National DAFW is 0.7
45

46. Severity Rate
• Uses number of days
vs. number of cases.
• Example of a
calculation.
46

47. 47OSHA Form 301

48. OSHA 301
• Summary
• Exercise using IL45
form
48

49. 49
OSHA Form 300A

50. OSHA 301
• Summary
• Exercise using the
prefilled OSHA 300
form
50

51. 51
OSHA Audit Recordkeeping
• Ask Employer policy for reporting
• Determine if employer discourages
reporting
• Ask about Incentive programs
Obtain copies of employer policies

52. 52
Recordkeeping
Documentation
• If employers maintain records
electronically then get them
electronically.
• Where citations are issued for
Recordkeeping violations:
– Identify the injury or Illness
– Describe the work-relationship
– Indicate one or more of the general
recording criteria

53. 53
Recordkeeping Citations
• When an employer fails to record an injury or
illness case on the OSHA 300 Log or equivalent
form:
– Cite 1904.4(a)
• When an employer fails to record a case
correctly (e.g., incorrectly recorded a Days Away
from Work case as Restricted Work/Job Transfer
or as Other Recordable case)
– Cite 1904.7(b)(3) or 1904.7(b)(4)

54. 54
Recordkeeping Citations
(Continued)
• When an employer fails to fill out or did not
accurately complete an OSHA 301 or
equivalent form for each injury or illness case
– Cite 1904.29(b)(2)
• When an employer fails to complete an OSHA
Form 300A
– Cite 1904.32(a)(2)

55. Work Comp IL
• Illinois: What are the time limits for notifying the employer of a
workplace accident?
• Generally, the employee must notify the employer as soon as
practicable, but no later than 45 days after the accident. Any delay in
the notice to the employer can delay the payment of benefits.
• For injuries resulting from radiological exposure, the employee must
notify the employer 90 days after the employee knows or suspects
that he or she has received an excessive dose of radiation.
• For occupational diseases, the employee must notify the employer
as soon as practicable after he or she becomes aware of the
condition.
55

56. 56
Recording and Reporting
Occupational Injuries and Illnesses
Overview of the Rule

57. Employee Definition
• Covered Employees
- Employees on payroll
- Employees not on
payroll who are
supervised on day-to-
day basis
- Temporary help
agencies should not
record temp workers
when supervised by the
using firm.

58. General Recording Criteria
• 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 licensed
health care professional (even if it
doesn’t result in any of the above)

59. Days Away Cases
• Check the days away box and
enter calendar days away from
work
• Do not include day of injury or
illness
• Count the number of calendar
days the employee was unable
to work (include weekend days,
holidays, vacation days, etc.)
Cap day count at 180
days

60. Days Away Cases
• May stop day count if employee
leaves company for a reason
unrelated to the injury or illness
• If a medical opinion exists,
employer must follow that opinion

61. Restricted Work/Job Transfer
• Restricted work activity
occurs when:
– An employee is kept from
performing one or more
routine functions of his or her
job (work activities the
employee performs at least
once per week); or
– An employee is kept from
working a full workday; or
– The employer, a physician or
licensed health care
professional recommends
either of the above

62. • A case does not involve
restricted work activity if
the restriction is limited
to the day of the injury or
illness
• Production of fewer
goods or services is not
considered restricted
work activity
Restricted Work/Job Transfer
Vague restrictions from
licensed health care
professional (e.g. take it easy
for a week) need to be
clarified or recorded as
restricted work.

63. • Job transfer occurs
when:
– An injured or ill
employee is assigned to
a job other than his or
her regular job for part of
the day. Note: Does not
include the day on which
the injury or illness
occurred.
• Both job transfers and
restricted work cases
are recorded in the
same box
Restricted Work/Job Transfer

64. OSHA 2015
64
$7000

65. OSHA 2015
65
Grouped with previous

66. Medical Treatment
• 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 or
counseling
– Diagnostic
procedures
– First aid

67. First Aid
• Only treatment listed in
1904.7(b)(5)(ii) is
considered First Aid
• All other treatment is
considered medical
treatment and is
recordable
(Remember: observation,
counseling, diagnostic
procedures are neither
of the above!)

68. • Using nonprescription
medication at nonprescription
strength
• Tetanus immunizations
• Cleaning, flushing, or soaking
surface wounds
• Wound coverings, butterfly
bandages, Steri-Strips
• Hot or cold therapy
• Non-rigid means of support
• Temporary immobilization
device used to transport
accident victims
First Aid – 1904.7(b)(5)(ii)

69. • Drilling of fingernail or toenail, draining fluid from
blister
• 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
• Finger guards
• Massages
• Drinking fluids for relief of heat stress
First Aid – 1904.7(b)(5)(ii)

70. Exercise
• First Aid or Recordable?
• Use FA for First Aid and R for Recordable
• NONE lost a day of work.
70

71. 71
Recording Criteria Decision Tree
Did the employee experience an
injury or illness?
Is the injury
or illness a new case?
Is the injury or
illness work-related?
Does the injury or illness meet
the generalrecording criteria
or the application to specific cases?
Update the previously
recorded injury or illness
entry if necessary.
NO
YES
YES
YES
YES
Record the
injury or illness
Do not record the
injury or illness
NO
NO
NO
1904.4

72. 72
1904.5 – Work Environment
• The work environment is defined as the
establishment and other locations where one or
more employees are working or present as a
condition of employment
• The work environment includes not only
physical locations, but also the equipment or
materials used by employees during the course
of their work

73. Work-Relatedness
• A case is considered work-related
if an event or exposure in the work
environment either caused or
contributed to the resulting
condition
• A case is considered work-related
if an event or exposure in the work
environment significantly
aggravated a pre-existing injury or
illness
• Work-relatedness is presumed for
injuries and illnesses resulting from
exposures occurring in the work
environment
1904.5

74. Significant Injury or Illness
• A significant injury or
illness is recordable
even if it does not result
in death, days away,
restricted days, job
transfer, loss of
consciousness or
medical treatment
• Examples are: Work-related cases of
cancer, chronic irreversible disease,
fractured or cracked bone or
punctured eardrum.

75. 75
1904.5 – Exceptions
• Present as a member of the general public
• Symptoms arising in work environment that are
solely due to non-work-related event or
exposure (Regardless of where signs or
symptoms surface, a case is work-related only
if a work event or exposure is a discernable
cause of the injury or illness or of a significant
aggravation to a pre-existing condition.)
• Voluntary participation in wellness program,
medical, fitness or recreational activity
• Eating, drinking or preparing food or drink for
personal consumption

76. 76
1904.5 – Exceptions
 Personal tasks outside assigned working hours
 Personal grooming, self medication for non-work-related
condition, or intentionally self-inflicted
 Motor vehicle accident in parking lot/access road during
commute
 Common cold or flu
 Mental illness, unless employee voluntarily provides a
medical opinion from a physician or licensed health care
professional (PLHCP) having appropriate qualifications
and experience that affirms work-relatedness

77. Travel Status
• An injury or illness that
occurs while an
employee is on travel
status is work-related if
it occurred while the
employee was engaged
in work activities in the
interest of the employer
• Home away from home
• Detour for personal
reasons is not work-
related

78. Work at Home
• Injuries and illnesses that
occur while an employee is
working at home are work-
related if they occur while
the employee is performing
work for pay or
compensation in the home
and they are directly
related to the performance
of work rather than the
general home environment.
Lead miniatures

79. New Case
• A case is new if:
– The employee has not previously
experienced a recordable injury or illness
of the same type that affects the same
part of body; or
– The employee previously experienced a
recordable injury or illness of the same
type that affects the same part of body
but had recovered completely and an
event or exposure in the work
environment caused the signs and
symptoms to reappear
Hernia

80. New Case
• Recurring symptoms of chronic
illness are not new cases
– Cancer, asbestosis, silicosis, etc.
• Each episode caused by a new
event or exposure in the work
environment is a new case
– Occupational asthma, skin disorders
• If there is a medical opinion
regarding resolution of a case, the
employer must follow that opinion

81. Needlestick and Sharps Injuries
- Record all injuries from
needlesticks and sharps that
are contaminated with
another person’s blood or
other potentially infectious
material
- Update injury case to illness
case on log if case later
results in bloodborne illness
- Record all other
cut/laceration cases only if
they meet general recording
criteria
- Record splashes or other exposures to
blood or other potentially infectious
material if it results in diagnosis of a
bloodborne illness or meets the general
recording criteria

82. Medical Removal Cases
• If an employee is medically
removed under the medical
surveillance requirements of an
OSHA standard, you must record
the case on the OSHA Form 300
• The case is recorded as either
one involving days away from
work or days of restricted work
activity
• If the case involves voluntary
removal below the removal
levels required by the standard,
the case need not be recorded

83. Hearing Loss
• 1904.10(b)(1)
• A Standard Threshold Shift, or
STS, is defined in the
occupational noise exposure
standard as a change in hearing
threshold, relative to the baseline
audiogram for that employee, of
an average of 10 decibels (dB) or
more at 2000, 3000, and 4000
hertz (Hz) in one or both ears
AND the employee's total hearing
level is 25 decibels (dB) or more
above audiometric zero

84. 84
1904.10 – Hearing Loss (cont’d)
• Must compute the STS in accordance with OSHA’s noise
standard, 1910.95
• Compare employee’s current audiogram to the original
baseline audiogram or the revised baseline audiogram
allowed by 1910.95(g)(9)
• May adjust for aging to determine whether an STS has
occurred using tables in Appendix F of 1910.95
• May not adjust for aging to determine whether or not
hearing level is 25 dB or more above audiometric zero

85. Tuberculosis
• If an employee is exposed to
someone with a known case of active
tuberculosis, and that employee
subsequently develops a tuberculosis
infection, record as respiratory
condition
• A case is not recordable when:
– The worker is living in a household with a
person who is diagnosed with active TB
– The Public Health Department has
identified the worker as a contact of an
individual with active TB
– A medical investigation shows the
employee’s infection was caused by
exposure away from work

86. Musculoskeletal Disorders
• There are no special
recording criteria for
musculoskeletal disorders
(MSD) .
• An MSD case is recorded
using the same process
used for any other injury or
illness.
• If a musculoskeletal disorder
is work-related, is a new
case, and meets one or
more of the general
recording criteria, the
employer must record the
MSD on the OSHA 300 Log.
86

87. Musculoskeletal Disorders 2011
• Administrative Law Judge Augustine first
explained in his decision that for a case
to be work-related for purposes of OSHA
recordkeeping, the “employee’s work
activities do not have to be the cause of
an injury or illness, but rather a cause.”
• He then found that the company’s
ergonomic evaluation of the employee’s
work station had been “deficient,” as it
did not include an interview of the
employee, an examination of the
postures, repetition, and force necessary
to move parts, or consideration of the
various risk factors related to
epicondylitis.
The Judge pointed out that the
The company’s assessment was
conducted in one day and the
assessment report was just 2
pages and 23 sentences long.
He also noted that the company
physician was not able to
establish any likely cause for the
employee’s epicondylitis, such as
sports or hobbies performed
outside of work.

88. Ergonomics
• Musculoskeletal disorders caused by ergonomic hazards are
increasing and now account for 34.7% of all serious injuries.

89. Recording Workshop
• Ten Cases EXERCISE
• For lost time – Column H and M
• Days missed – Column K
89

90. 90
1904.30 – Multiple
Business Establishments
• Keep a separate OSHA Form 300 for each
establishment that is expected to be in
operation for more than a year
• May keep one OSHA Form 300 for all short-
term establishments
• Each employee must be linked with one
establishment

91. 91
1904.31 – Covered Employees
• Employees on payroll
• Employees not on payroll who are supervised
on a day-to-day basis (temps)
• Exclude self-employed and partners
• Temporary help agencies should not record the
cases experienced by temp workers who are
supervised by the using firm

92. Employee Involvement & Access to
Records
• Must inform each employee of how to report
an injury or illness
• Must provide limited access to injury and
illness records to employees, former
employees and their personal and authorized
representatives
– Provide copy of OSHA 300 by end of next
business day
– May not remove names from OSHA 300

93. 93
1904.35(b)(1)(i)
• You must establish a reasonable procedure for
employees to report work related injuries and
illnesses promptly and accurately.
• A procedure is not reasonable if it would deter
or discourage a reasonable employee from
accurately reporting a workplace injury or
illness;

94. Drug Testing
• OSHA’s interprets this rule
broadly to prohibit mandatory
post-accident drug testing,
concluding that such tests
discriminate against
employees on the basis of
injury and illness reporting.
• OSHA further explains that
incentive programs are
retaliatory if they offer benefits
to employees or workforces
who do not report injuries and
illnesses
• OSHA announced that it was
delaying the enforcement date
of the new rules to November
1, 2016
Reporting guidance memo
allows latency for ergo injury
Cannot use drug testing to
discourage report injury. Ex in
the Fed Register is
Carpal tunnel.
Only drug testing an injured in
a crane incident.

95. 95
1904.40 – Providing Records to
Government Representatives
• Must provide copies of the records within 4
business hours (OSHA)
• Use the business hours of the
establishment where the records are
located

96. Access to OSHA 300
• Form with Identifiers
- Employees
- Former Employees
- Authorized Representative
- Auditor hired by Company
- Workers’ Comp Processing
- Public Health/Law Enforcement
• Remove Identifiers
– All other requesters

97. 97
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

98. 98
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
1904.29(b)

99. What is Privacy Concern
Case?
• Privacy Concern Cases
– 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
– Illness cases where the employee
voluntarily requests to keep name off

100. Privacy Concerns
• Do not enter the name of an employee on the
OSHA Form 300 for “Privacy concern cases”
• Write “Privacy case” in the name column
• Keep a separate confidential list of the case
numbers and employee names

101. 101
HIPAA
• Section 164.512(a) of the privacy regulation allows covered entities
to use or disclose protected health information, without
authorization, when they are "required" to do so by another law,
provided the use or disclosure meets or is limited to the relevant
requirements of such law.
• HHS has stated this section of the regulation is intended to include
the full array of binding legal authority, including statutes, agency
orders, regulations, rules, or other Federal, State or local
governmental actions having the effect of law. 65 FR 82668.
• As a result, the privacy regulation does not allow a covered entity to
restrict or refuse to disclose protected health information required by
OSHA on the ground that the authorization of individual employees
has not been obtained.

102. 102
Annual Summary
• Requires the annual summary to be
posted for three months instead of one
• February 1 to April 30
• Requires certification of the summary by
a company executive
1904.32

103. Retention and Updating
• Retain forms for 5 years following the year
that they cover
• Update the OSHA Form 300 during that
period
• Do not need to update the OSHA Form
300A or OSHA Form 301

104. Change of Ownership
• Each employer responsible for recording and
reporting only for period of the year during
which he or she owned the establishment
• Old owner must transfer records to new
owner
• New owner must retain records

105. January 2015
• 3118 Bakeries and tortilla
manufacturing
• 4411 Automobile dealers
• 4413 Automotive parts,
accessories, and tire stores
• 4441 Building material and
supplies dealers
• 4452 Specialty food stores
• 4453 Beer, wine, and liquor stores
• 4539 Other miscellaneous store
retailers
• 4543 Direct selling establishments
• 5311 Lessors of real estate
• 5313 Activities related to real
estate
• 5322 Consumer goods rental
• 5324 Commercial and industrial machinery
and equipment rental and leasing
• 5419 Other professional, scientific, and
technical services
• 5612 Facilities support services
• 5617 Services to buildings and dwellings
• 5619 Other support services
• 6219 Other ambulatory health care services
• 6241 Individual and family services
• 6242 Community food and housing, and
emergency and other relief services
• 7111 Performing arts companies
• 7113 Promoters of performing arts, sports,
and similar events
• 7121 Museums, historical sites, and similar
institutions
• 7139 Other amusement and recreation
industries
• 7223 Special food services
• 8129 Other personal services 105
New Sectors keeping
records

106. January 2015
• 4412 Other Motor Vehicle Dealers
• 4431 Electronics and Appliance Stores
• 4461 Health and Personal Care Stores
• 4471 Gasoline Stations
• 4481 Clothing Stores
• 4482 Shoe Stores
• 4483 Jewelry, Luggage, and Leather Goods Stores
• 4511 Sporting Goods, Hobby, and Musical
Instrument Stores
• 4512 Book, Periodical, and Music Stores
• 4531 Florists
• 4532 Office Supplies, Stationery, and Gift Stores
• 4812 Nonscheduled Air Transportation
• 4861 Pipeline Transportation of Crude Oil
• 4862 Pipeline Transportation of Natural Gas
• 4869 Other Pipeline Transportation
• 4879 Scenic and Sightseeing Transportation, Other
• 4885 Freight Transportation Arrangement
• 5111 Newspaper, Periodical, Book, and Directory
Publishers
• 5112 Software Publishers
• 5121 Motion Picture and Video Industries
• 5122 Sound Recording Industries
• 5151 Radio and Television Broadcasting
• 5172 Wireless Telecommunications Carriers
(except Satellite)
• 5173 Telecommunications Resellers
• 5179 Other Telecommunications
• 5181 Internet Service Providers and Web Search
Portals
• 5182 Data Processing, Hosting, and Related
Services
• 5191 Other Information Services
• 5211 Monetary Authorities - Central Bank
• 5221 Depository Credit Intermediation
• 5222 Nondepository Credit Intermediation
• 5223 Activities Related to Credit Intermediation
• 5231 Securities and Commodity Contracts
Intermediation and Brokerage
• 5232 Securities and Commodity Exchanges
• 5239 Other Financial Investment Activities
• 5241 Insurance Carriers
• 5242 Agencies, Brokerages, and Other Insurance
Related Activities
• 5251 Insurance and Employee Benefit Funds
• 5259 Other Investment Pools and Funds
• 5312 Offices of Real Estate Agents and Brokers
• 5331 Lessors of Nonfinancial Intangible Assets
(except Copyrighted Works)
106
Exempted unless asked to keep by
OSHA or BLS

107. January 2015
• 5411 Legal Services
• 5412 Accounting, Tax Preparation, Bookkeeping,
and Payroll Services
• 5413 Architectural, Engineering, and Related
Services
• 5413 Architectural, Engineering, and Related
Services
• 5414 Specialized Design Services
• 5415 Computer Systems Design and Related
Services
• 5416 Management, Scientific, and Technical
Consulting Services
• 5417 Scientific Research and Development
Services
• 5418 Advertising and Related Services
• 5511 Management of Companies and Enterprises
• 5611 Office Administrative Services
• 5614 Business Support Services
• 5615 Travel Arrangement and Reservation Services
• 5616 Investigation and Security Services
• 6111 Elementary and Secondary Schools
• 6112 Junior Colleges
• 6113 Colleges, Universities, and Professional
Schools
• 6114 Business Schools and Computer and
Management Training
• 6115 Technical and Trade Schools
• 6116 Other Schools and Instruction
• 6117 Educational Support Services
• 6211 Offices of Physicians
• 6212 Offices of Dentists
• 6213 Offices of Other Health Practitioners
• 6214 Outpatient Care Centers
• 6215 Medical and Diagnostic Laboratories
• 6244 Child Day Care Services
• 7114 Agents and Managers for Artists, Athletes,
Entertainers, and Other Public Figures
• 7115 Independent Artists, Writers, and Performers
• 7213 Rooming and Boarding Houses
• 7221 Full-Service Restaurants
• 7222 Limited-Service Eating Places
• 7224 Drinking Places (Alcoholic Beverages)
• 8112 Electronic and Precision Equipment Repair
and Maintenance
• 8114 Personal and Household Goods Repair and
Maintenance
• 8121 Personal Care Services
• 8122 Death Care Services
• 8131 Religious Organizations
• 8132 Grantmaking and Giving Services
• 8133 Social Advocacy Organizations
• 8134 Civic and Social Organizations
•
107
Exempted unless asked to keep by
OSHA or BLS

108. OSHA Recordkeeping Page
108

109. Does an employer have to keep a log
of the temp worker injuries?
• Yes.
• “ The log is to be kept for an establishment.
• Under Section 1904.46 Definitions, an establishment is a
single physical location where business is conducted or
where services or industrial operations are performed.
• The controlling employer (using firm) may sub-divide the
OSHA 300 Log to provide separate listings of temporary
workers”.
• http://www.osha.gov/pls/oshaweb/owadisp.show_docum
ent?p_table=INTERPRETATIONS&p_id=24518
109

110. Parking Lots
• " while both employees'
sustained injuries in the
company parking lot, neither
case involved a motor vehicle
accident.
• Instead, the two employees
were injured when they fell out
of their parked vehicle and
struck the parking lot surface
(work environment).
• As a result, neither case
meets the exception in Section
1904.5(b)(2)(vii), and,
therefore, must be recorded on
the establishment's log, if they
meet the other recording
criteria listed in the regulation
(e.g., medical treatment, days
away from work, etc.). “
• The parking lot is recordable.
110

111. Feb 2014
• On a related topic: In the past
we had an employee on her
lunch break, outside but still on
our property, become startled
by a bee, tripped and
sustained some minor injuries
beyond first aid.
• Would this be considered
work-related and therefore
recordable?
• We do not punch-in or out for
lunch periods.
111

112. Lunch
• Lunch accident would be
recordable.
• The work environment
includes any location where
one or more employees are
working or are present as a
condition of their employment.
112

113. IV Fluid
• Recordable?
113
Intravenous (IV) administration of glucose and saline: ...In the final rule ...OSHA
has decided not to include the IV administration of fluids on the first aid list
because these treatments are used for serious medical events, such as post-
shock, dehydration or heat stroke. The administration of IVs is an advanced
procedure that can only be administered by a person with advanced medical
training, and is usually performed under the supervision of a physician.

114. Chipped Tooth
• Recordable?
114
Yes, under section 1904.7(b)(7), these cases are considered a significant
injury or illness when diagnosed by a physician or other health care
professional. As discussed in the preamble of the final rule, work-related
fractures of bones or teeth are recognized as constituting significant
diagnoses and, if the condition is work-related, are appropriately recorded
at the time of initial diagnosis even if the case does not involve any of the
other general recording criteria.

115. Antibiotics Drops
• If the antibiotic was a
prescription medication, the
case is recordable regardless
of whether the medication was
given solely as a preventive
measure).
115

116. April 2015
• Worker goes to clinic
on Saturday after
getting hurt.
• Clinic said follow up w
regular doctor.
• Company doctor sees
him Monday.
• Says return to work
that day.
• How is this handled?
116

117. Trend Example Using DART
• Warehouse
operators
• 2000 = 17.6
• 2001 = 21.5
• 2002 = 35.1
• 2003 = 32.9
• W.O. Upper
Extremity Injuries
• 2000 = 4.7
• 2001 = 6.3
• 2002 = 7.0
• 2003 = 8.2

118. What is the Ergo Stressor
Here?
Driver facing forward
for driving
Driver is supposed
to drive backwards

119. Trend Example Using DART
Rate
• Facility
• 2001 7.4
• 2002 38.8
• 2003 35.6
• Warehouse
Operator Injuries
• 2001 = 21.5
• 2002 = 38.6
• 2003 = 54.7

120. What is the Ergo Stressor
Here?

121. BP 2010-2013
• DART 0.27 vs.
Construction 2.0
• $37,000 an injury.
• 11 injuries vs. 80
expected per year
• 8 million hours a year.
• Savings in four years
$10 million.

122. 122
Questions?