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Thursday, January 23, 2014

Dale Glacken,

Compliance Assistance Specialist, OSHA

Rev: 21 Jan 2014

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29 CFR Part 1904

Recording and Reporting Occupational Injuries and Illnesses

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This information has been developed by an OSHA Compliance

Assistance Specialist and is intended to assist employers, workers, and

others as they strive to improve workplace health and safety. While we

attempt to thoroughly address specific topics [or hazards], it is not

possible to include discussion of everything necessary to ensure a

healthy and safe working environment in a presentation of this nature.

Thus, this information must be understood as a tool for addressing

workplace hazards, rather than an exhaustive statement of an

employer’s legal obligations, which are defined by statute, regulations,

and standards. Likewise, to the extent that this information references

practices or procedures that may enhance health or safety, but which

are not required by a statute, regulation, or standard, it cannot, and

does not, create additional legal obligations. Finally, over time, OSHA

may modify rules and interpretations in light of new technology,

information, or circumstances; to keep apprised of such developments,

or to review information on a wide range of occupational safety and

health topics, you can visit OSHA’s website at www.osha.gov.

CAS Material Developed & Distributed

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Goals for this Session

• Discuss the need to keep accurate records

• Review Recordkeeping Rules

• Discuss pitfalls

• Compare yourself to others

• Provide Resources

Site-Specific

Targeting 2012

(SST-12)

http://www.osha.gov/OshDoc/Directive_pdf/CPL_02-13-01.pdf

OSHA INSPECTIONS

National Emphasis Programs (NEP) January 2014

• COMBUSTIBLE DUST: OSHA Instruction CPL 03-00-008

• FEDERAL AGENCIES: OSHA Notice 11-04 (FAP 01)

• HAZARDOUS MACHINERY: OSHA Instruction CPL 03-00-003

• HEXAVLENT CHROMIUM: OSHA Instruction CPL 02-02-076

• ISOCYANATES: OSHA Instruction CPL 03-00-017

• LEAD: OSHA Instruction CPL 03-00-009

• NURSING AND RESIDENTIAL CARE FACILITIES: OSHA Instruction CPL 03-00-016

• PRIMARY METALS INDUSTRIES: OSHA Instruction CPL 03-00-013

• PROCESS SAFETY MANAGEMENT: CPL 03-00-014

• SHIPBREAKING: OSHA Instruction CPL 03-00-012

• SILICA: OSHA Instruction CPL 03-00-007

• TRENCHING & EXCAVATION: OSHA Instruction CPL 02-00-069 [CPL 2.69]

Overview of Nursing Home National Emphasis Program

• NEP – CPL 03-00-016; issued April 5, 2012

• NEP will focus on:

– Ergonomic stressors (e.g., relating to resident handling)

– Exposure to blood and other potentially infectious materials

– Exposure to tuberculosis

– Workplace violence

– Slips, trips, and falls

– Recordkeeping

– Tuberculosis (TB)

– Other Hazards: MRSA, MDROs, HAZCOM

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Program Procedures

• Site Selection – Targeting Source

a) Establishments in the following NAICS codes:

– 623110 – Nursing Care Facilities

– 623210 – Residential mental retardation, mental health and substance abuse facilities

– 623311 – Community care facilities for the elderly

– (Formerly SIC codes 8051- Skilled Nursing Care Facilities, 8052 – Intermediate Care Facilities, and 8059- Nursing and Residential Care Facilities)

b) Initially facilities with a DART rate at or above 5.3.

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NAICS Codes

6231 Nursing Care Facilities

• 623110 Nursing Care Facilities

This industry comprises establishments primarily engaged in providing inpatient nursing and rehabilitative services. The care is generally provided for an extended period of time to individuals requiring nursing care. These establishments have a permanent core staff of registered or licensed practical nurses who, along with other staff, provide nursing and continuous personal care services.

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NAICS Codes

• 623210 Residential Intellectual and Developmental Disability Facilities

This industry comprises establishments (e.g., group homes, hospitals, intermediate care facilities) primarily engaged in providing residential care services for persons diagnosed with intellectual and developmental disabilities. These facilities may provide some health care, though the focus is room, board, protective supervision, and counseling.

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NAICS Codes

• 623311 Continuing Care Retirement Communities

This U.S. industry comprises establishments primarily engaged in providing a range of residential and personal care services with on-site nursing care facilities for (1) the elderly and other persons who are unable to fully care for themselves and/or (2) the elderly and other persons who do not desire to live independently. Individuals live in a variety of residential settings with meals, housekeeping, social, leisure, and other services available to assist residents in daily living. Assisted-living facilities with on-site nursing care facilities are included in this industry.

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13

Injury and Illness

Recordkeeping

National Emphasis

Program

(RK NEP)

DIRECTIVE NUMBER:

10-07 (CPL 02)

EFFECTIVE DATE:

September 28, 2010

EXPIRES:

February 19, 2012

http://www.osha.gov/OshDoc/Directive_pdf/CPL_02_10-07.pdf

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Example Recordkeeping Citations

Failure to :

• record injuries or illnesses on the OSHA 300 form.

• record a case correctly

• adequately describe the location

• provide a specific description

• enter the correct number of calendar days

• not completing or not accurately completing the OSHA 301

• complete an OSHA 300A.

• provide copies of records

• …

15 http://www.claimsjournal.com/news/midwest/2010/05/03/109492.htm

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Company fined $182,000 for failing to record worker

injuries and illnesses

OSHA issued eight citations to Company Inc. and fined the

company $182,000 for failing to document and report worker

injuries and illnesses at its distribution center. OSHA inspectors

found that Company had willfully disregarded its responsibilities

to comply with OSHA regulations by continuously failing to

correctly classify worker injuries or illnesses and not correctly

recording the number of days a worker was away from work due

to injury or illness. Additional recordkeeping violations found by

inspectors included two for which the company had been cited

previously. See the for more information on the failure of

Company to report worker injuries.

Apart from this particular investigation, OSHA has implemented a

NEP to assess the accuracy of information on workplace injuries

and illnesses recorded by employers.

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http://www.osha.gov/pls/oshaweb/owadisp.show_docu

ment?p_table=NEWS_RELEASES&p_id=18261

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OSHA Recordkeeping

• Revised Recordkeeping rule effective on January 1, 2002

• Affects 1.4 million establishments

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Forms

• Three recordkeeping forms

–OSHA Form 301 – Injury and Illness Incident Report

–OSHA Form 300 – Log of Work-Related Injuries and Illnesses

–OSHA Form 300A – Summary of Work-Related Injuries and Illnesses

1904.29

21 OSHA Form 301

22 OSHA Form 300

MSD

23 OSHA Form 300A

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Organization of the Rule

• Subpart A - Purpose

• Subpart B - Scope

• Subpart C - Forms and recording criteria

• Subpart D - Other requirements

• Subpart E - Reporting to the government

• Subpart F - Transition

• Subpart G - Definitions

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Subpart A, Purpose

• To require employers to record and report work-related fatalities, injuries and illnesses – Note: Recording or reporting a work-related

injury, illness, or fatality does not mean the the employer or employee was at fault, an OSHA rule has been violated, or that the employee is eligible for workers’ compensation or other benefits.

• OSHA injury and illness recordkeeping and Workers’ Compensation are independent of each other

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Subpart B - Scope

• 1904.1 – Small employer partial exemptions < 10 employees at all times

• 1904.2 – Industry partial exemptions (see Appendix A to Subpart B for complete list)

• 1904.3 – Keeping records for other Federal agencies

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SIC Code

Industry Description SIC Code

Industry Description

525 Hardware Stores 725 Shoe Repair and Shoeshine Parlors

542 Meat and Fish Markets 726 Funeral Service and Crematories

544 Candy, Nut, and Confectionery Stores

729 Miscellaneous Personal Services

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

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SIC Code

Industry Description SIC Code

Industry Description

573 Radio, Television, & Computer Stores

792 Producers, Orchestras, Entertainers

58 Eating and Drinking Places

793 Bowling Centers

591 Drug Stores and Proprietary Stores

801 Offices & Clinics Of Medical Doctors

592 Liquor Stores 802 Offices and Clinics Of Dentists

594 Miscellaneous Shopping Goods Stores

803 Offices Of Osteopathic

599 Retail Stores, Not Elsewhere Classified

804 Offices Of Other Health Practitioners

60 Depository Institutions (banks & savings institutions)

807 Medical and Dental Laboratories

61 Nondepository 809 Health and Allied Services, Not Elsewhere Classified

62 Security and Commodity Brokers

81 Legal Services

63 Insurance Carriers 82 Educational Services (schools, colleges, universities and libraries)

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SIC Code

Industry Description SIC Code

Industry Description

64 Insurance Agents, Brokers & Services

832 Individual and Family 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 Offices

841 Museums and Art Galleries

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

8063 is Covered

8062 is Covered

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Partial Exemption

• Employers that are partially exempt from the recordkeeping requirements because of their size or industry (SIC) must continue to comply with: – 1904.39, Reporting fatalities and multiple

hospitalization incidents

– 1904.41, Annual OSHA injury and illness survey (if specifically requested to do so by OSHA)

– 1904.42, BLS Annual Survey (if specifically requested to do so by BLS)

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Subpart C - Recording Criteria

• Forms and Recording Criteria

– 1904.4 Recording criteria

– 1904.5 Work-relatedness

– 1904.6 New case

– 1904.7 General recording criteria

– 1904.8 Needlesticks and sharps

– 1904.9 Medical removal

– 1904.10 Hearing loss

– 1904.11 Tuberculosis

– 1904.29 Forms

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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 general recording 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

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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

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Work-Relatedness

• Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment

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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

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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

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1904.5 – 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

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1904.5 – 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

– are directly related to the performance of work rather than the general home environment

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1904.6 – 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 the body; or

– previously experienced a recordable injury or illness of the same type that affects the same part of the body, but had recovered completely and an event or exposure in the work environment caused the signs and symptoms to reappear.

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1904.6 – New Case

• If there is a medical opinion regarding resolution of a case, the employer must follow that opinion

• If an exposure event triggers the recurrence, it is a new case (e.g., asthma, rashes)

• If signs and symptoms recur even in the absence of exposure, it is not a new case (e.g., silicosis, tuberculosis, asbestosis)

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1904.7 – 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 – 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

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1904.7(b)(3) - Days Away Cases

• Record if the case involves one or more days away from work

• Check the box for days away cases and count the number of calendar days

• Do not include the day of injury/illness

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1904.7(b)(3) – Days Away Cases

• Day counts (days away or days restricted)

– 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 away and/or days restricted

– 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

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1904.7(b)(4) - Restricted Work Cases

• Record if the case involves one or more days of restricted work or job transfer

• Check the box for restricted/transfer cases and count the number of calendar days

• Do not include the day of injury/illness

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• Restricted work activity exists if the employee is: – Unable to work the full workday he or she

would otherwise have been scheduled to work; or

– Unable to perform one or more routine job functions

• An employee’s routine job functions are those activities the employee regularly performs at least once per week

1904.7(b)(4) - Restricted Work Cases

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1904.7(b)(4) – Restricted Work

• the employee experiences minor musculoskeletal discomfort,

• a health care professional determines that the employee is fully able to perform all of his or her routine job functions, and

• the employer assigns a work restriction to that employee for the purpose of preventing a more serious condition from developing.

A case is not recordable under 1904.7(b)(4) as a restricted work case if:

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1904.7(b)(4) – Job Transfer

• Job transfer

– An injured or ill employee is assigned to a job other than his or her regular job for part of the day

– A case is recordable if the injured or ill employee performs his or her routine job duties for part of a day and is assigned to another job for the rest of the day

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1904.7(b)(5) – Medical Treatment

• Medical treatment is the management and care of a patient to combat disease or disorder.

• It does not include:

– Visits to a PLHCP solely for observation or counseling

– Diagnostic procedures

– First aid

Question: What does

OSHA consider first

aid/treatment?

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1904.7(b)(5) – First Aid

• 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

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1904.7(b)(5) – First Aid

• 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

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1904.7(b)(5)(iii) First Aid

• Are any other procedures included in first aid? No, this is a complete list of all treatments considered first aid for Part 1904 purposes.

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1904.7(b)(6) – Loss of Consciousness

• All work-related cases involving loss of consciousness must be recorded

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• The following work-related conditions must always be recorded at the time of diagnosis by a PLHCP:

–Cancer

–Chronic irreversible disease

–Punctured eardrum

–Fractured or cracked bone or tooth

1904.7(b)(7) – Significant Diagnosed Injury or Illness

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1904.8 – Bloodborne Pathogens

• Record all work-related needlesticks and cuts from sharp objects that are contaminated with another person’s blood or other potentially infectious material (includes human bodily fluids, tissues and organs; other materials infected with HIV or HBV such as laboratory cultures)

• Record splashes or other exposures to blood or other potentially infectious material if it results in diagnosis of a bloodborne disease or meets the general recording criteria

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Sharps injury log. 1910.1030(h)(5)(i)

1910.1030(h)(5)(i) The employer shall establish and maintain a sharps injury log for the recording of percutaneous injuries from contaminated sharps. The information in the sharps injury log shall be recorded and maintained in such manner as to protect the confidentiality of the injured employee. The sharps injury log shall contain, at a minimum:

• 1910.1030(h)(5)(i)(A) The type and brand of device involved in the incident,

• 1910.1030(h)(5)(i)(B) The department or work area where the exposure incident occurred, and

• 1910.1030(h)(5)(i)(C) An explanation of how the incident occurred.

1910.1030(h)(5)(ii) The requirement to establish and maintain a sharps injury log shall apply to any employer who is required to maintain a log of occupational injuries and illnesses under 29 CFR 1904.

1910.1030(h)(5)(iii) The sharps injury log shall be maintained for the period required by 29 CFR 1904.6.

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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

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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

1904.10

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.

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Recordkeeping Guidance for Recording the Swine

Influenza A (H1N1) Virus

• Is the Swine Influenza A (H1N1) virus considered a common cold or flu?

• If a worker has an exposure to the Swine Influenza A (H1N1) virus, is that recordable? – Confirmed Case (acute febrile respiratory illness

with laboratory confirmed H1N1 infection)

– Work Related (a known exposure in the workplace to establish work-relationship)

– case involves any one of the following: medical treatment, days away from work, restricted work

activity, loss of consciousness, or death.

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1904.29 - Forms

• OSHA Form 300, Log of Work-Related Injuries and Illnesses

• OSHA Form 300A, Summary of Work-Related Injuries and Illnesses

• OSHA Form 301, Injury and Illness Incident Report

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Choose ONLY ONE of

theses categories. Classify

the case by recording the

most serious outcome of the

case, with column G

(Death) being the most

serious and column J (Other

recordable cases) being the

least serious

Note whether the

case involves time

away, transferred or

restricted. May

include both.

Describe

the type of

illness

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1904.29 - Forms

• Employers must enter each recordable case on the forms within 7 calendar days of receiving information that a recordable case occurred

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Calculating your Accident Rates

DART Calculation: Days Away, Restricted or

Transferred

DAFWII Calculation: Days Away From Work

Injury and Illness Rate

TCIR Calculation: Total Case Incidence Rate

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DART Calculation (DART = Days Away, Restricted, or Transferred Rate)

DART = N * 200,000 / EH

N = number of cases involving days away and/or restricted work activity and job transfer (Columns “H” & “I”)

200,000 = base number of hours worked for 100 full-time equivalent employees

EH = total hours worked by all employees

Note: Number of cases, not the number of days away.

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DAFWII Calculation (DAFWII = Days Away from Work

Injury & Illness Case Rate)

DAFWII = N * 200,000 / EH

N = number of cases involving days away from work (Column “H”)

200,000 = base number of hours worked for 100 full-time equivalent employees

EH = total hours worked by all employees

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TCIR Calculation (TCIR = Total Case Incidence Rate)

TCIR = N * 200,000 / EH

N = Total number of recordable injuries and illness cases

(Columns “H”, “I” & “J”)

200,000 = Base number of hours worked for 100 full-time equivalent employees

EH = Total hours worked by all employees

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DART

DAFWII

TCIR

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Calculation Example

Col H = Days away = 2

Col I = Job Transfer or Restriction = 4

Col J = Other Recordable Cases = 5

EH = 436,000 Hours

DAFWII = (Col H) x 200,000 divided by EH

DART = (Cols H&I) x 200,000 divided by EH

TCIR = (Cols H, I&J) x 200,000 divided by EH

DAFWII = (2) * 200,000 / 436,000 = 0.917

DART = (2 + 4) * 200,000 / 436,000 = 2.75

TCIR = (2 + 4 + 5) * 200,000 / 436,000 = 5.05

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www.osha.gov

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72

BLS Workplace Injury, Illness and Fatality Statistics

TCIR

http://www.bls.gov/iif/oshwc/osh/os/ostb2813.pdf

DART

HOW DO YOU COMPARE TO OTHERS?

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1904.29 – Privacy Protection

• Do not enter the name of an employee on the OSHA Form 300 for “privacy concern cases”

• Enter “privacy case” in the name column

• Keep a separate confidential list of the case numbers and employee names

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1904.29 – Privacy Protection

• Privacy concern cases are:

– An injury or illness to an intimate body part or reproductive system

– An injury or illness resulting from sexual assault

– Mental illness

– HIV infection, hepatitis, tuberculosis

– Needlestick and sharps injuries that are contaminated with another person’s blood or other potentially infectious material

– Employee voluntarily requests to keep name off for other illness cases

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1904.29 – Privacy Protection

• Employer may use discretion in describing the case if employee can be identified

• If you give the forms to people not authorized by the rule, you must remove the names first

– Exceptions for:

• Auditor/consultant,

• Workers’ compensation or other insurance

• Public health authority or law enforcement agency

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Subpart D - Other Requirements

• 1904.30 Multiple business establishments

• 1904.31 Covered employees

• 1904.32 Annual summary

• 1904.33 Retention and updating

• 1904.34 Change of ownership

• 1904.35 Employee involvement

• 1904.36 Discrimination

• 1904.37 State plans

• 1904.38 Variances

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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

Question: Need clarification on whether a Provider Agency should keep 300 logs, by individual group home which employees only 2-6 staff or the entire Agency that has 300-400 total employees.

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1904.30(b)(2) – Multiple Business Establishments

• 1904.30(a) Basic requirement. You must keep a separate OSHA 300 Log for each establishment that is expected to be in operation for one year or longer.

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1904.30(b)(2) – Multiple Business Establishments

• 1904.30(b)(2) May I keep the records for all of my establishments at my headquarters location or at some other central location? Yes, you may keep the records for an establishment at your headquarters or other central location if you can:

• 1904.30(b)(2)(i) Transmit information about the injuries and illnesses from the establishment to the central location within seven (7) calendar days of receiving information that a recordable injury or illness has occurred; and

• 1904.30(b)(2)(ii) Produce and send the records from the central location to the establishment within the time frames required by § 1904.35 and § 1904.40 when you are required to provide records to a government representative, employees, former employees or employee representatives.

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1904.31 – Covered Employees

• Employees on payroll

• Employees not on payroll who are supervised on a day-to-day basis

• Exclude self-employed and partners

• Temporary help agencies should not record the cases experienced by temp workers who are supervised by the using firm

Question: When are consumers considered

employees and need to have injuries

documented on logs?

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1904.31(a) Basic requirement.

• You must record on the OSHA 300 Log the recordable injuries and illnesses of all employees on your payroll, whether they are labor, executive, hourly, salary, part-time, seasonal, or migrant workers. You also must record the recordable injuries and illnesses that occur to employees who are not on your payroll if you supervise these employees on a day-to-day basis. If your business is organized as a sole proprietorship or partnership, the owner or partners are not considered employees for recordkeeping purposes.

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Question: Is posting our annual summaries of employee accident/injury information in one central location sufficient?

Question: Or do the summaries need to be posted at each site?

Question: Can the summary be of data collected company-wide, or must it show accidents/injuries reported specific to each program site?

83

Question: Posting reports seems to need clarification; when, where, etc. For such a large provider as us it would be quite involved to have to post information at various locations. I would hope our HR department would suffice. Since we have seven personal care homes I would want to know how the regulations vary from residential to personal care.

84

1904.32(b)(5)

• How do I post the annual summary? You must post a copy of the annual summary in EACH establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary is not altered, defaced or covered by other material.

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When do I have to post the annual summary?

• 1904.32(b)(6) You must post the summary no later than February 1 of the year following the year covered by the records and keep the posting in place until April 30.

86

1904.35 – Employee Involvement

• You must inform each employee of how to report an injury or illness

– Must set up a way for employees to report work-related injuries and illnesses promptly; and

– Must tell each employee how to report work-related injuries and illnesses to you

87

1904.35 – Employee Involvement

• Must provide limited access to injury and illness records to employees, former employees and their personal and authorized representatives – Provide copy of OSHA Form 300 by end of

next business day

– Provide copy of OSHA Form 301 to employee, former employee or personal representative by end of next business day

– Provide copies of OSHA Form 301 to authorized representative within 7 calendar days. Provide only “Information about the case” section of form

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1904.36 – Prohibition Against Discrimination

• Section 11(c) of the Act prohibits you from discriminating against an employee for reporting a work-related fatality, injury or illness

• Section 11(c) also protects the employee who files a safety and health complaint, asks for access to the Part 1904 records, or otherwise exercises any rights afforded by the OSH Act

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Subpart E - Reporting Information to the Government

• 1904.39 Fatality and catastrophe reporting

• 1904.40 Access for Government representatives

• 1904.41 OSHA Survey

• 1904.42 BLS Survey

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Open Government Policy

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1904.39 – 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

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1904.40 – Providing Records to Government Representatives

• Must provide copies of the records within 4 business hours

• Use the business hours of the establishment where the records are located

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TOTALS: 0 3 1 1 22 75 4 0 0 1 0

94

0 3 1 1

22 75

4

0 0

1 0 0

XYZ Company

Anywhere MA Anywhere

95

Forms

97

R for Recordkeeping

98 https://www.osha.gov/recordkeeping/handbook/index.html

99

Format

100

http://www.osha.gov/pls/oshaweb/owadisp.show_

document?p_table=DIRECTIVES&p_id=3205

Recordkeeping

Policies and

Procedures Manual

CPL 02-00-135

101

http://www.osha.gov/pls/oshaweb/owadisp.show_

document?p_table=DIRECTIVES&p_id=2570

Enforcement Procedures for the

Occupational Exposure to

Bloodborne Pathogens

CPL 02-02-069

102 http://www.osha.gov/SLTC/etools/hospital/index.html

103

http://www.osha.gov/SLTC/etools/nursinghome/index.html

http://www.osha.gov/dsg/hospitals/

105

Currently Updating the Guidelines

for Health Care Workers

• Management Commitment

• Employee Involvement

• Worksite Analysis

• Hazard Prevention &

Control

• Recordkeeping

• Evaluations 106

http://www.osha.gov/recordkeeping/proposed_data_form.html

Pennsylvania OSHA Area Offices

Allentown Area Office (267) 429-7542

Erie Area Office (814) 874-5150

Harrisburg Area Office (717) 782-3902

Philadelphia Area

Office (215) 597-4955

Pittsburgh Area Office (412) 395-4903

Wilkes-Barre Area

Office (570) 826-6538

Main OSHA Number:

1-800-321-OSHA,

1-800-321-6742

Rev: 2011 Sept 29

Christopher

Robinson

Theresa Naim

Mark Stelmack

Kevin Kilp Dominick

Salvatore

Jean Kulp

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Additional Assistance

Harrisburg Area Office

Duty Officer Hours

8:00 am - 4:30 pm

717-782-3902

Web Site: www.osha.gov

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Questions and Answers

112