william coulehan osha - retired david a. ward sr. president corporate office /training center...
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William CoulehanOSHA - Retired
DAVID A. WARD SR. PRESIDENT
Corporate Office /Training Center Indiana Office /Training Center
9930 W. 190th St. Suite L. 5209 Hohman Ave.Mokena, IL 60448 Hammond, IN 46320708-326-3058 219-669-9043
TOPICS
Recordkeeping UpdateWhat’s NewOSHA WebsitePartial Exemption New Reporting Requirements
Proposed ChangeElectronic Filing
Basics
EnforcementRegion V
FederalIllinois, Ohio, WisconsinExcept employees of “local” Government
State PlansIndiana, Michigan, Minnesota
OFFICES in ILLINOIS
AURORA - (630) 896-8700CALUMET CITY - (708) 891-3800CHICAGO NORTH - (847) 803-4800PEORIA - (309) 589-7033FAIRVIEW HEIGHTS - (618) 632-8612
IOSHA - (317) 232-2655
New Interpretations
12/16/14 – New Reporting Requirements12/12/14 – Kinesiology Tape - Medical Treatment
10/12/14 – Prescriptions Antibiotics – Medical Treatment
10/20/14 – Travel Status8/18/14 – Pre-Existing Conditions2/28/14 – Multiple Business Establishments2/28/14 – Pre-Existing Conditions
OLD : Appendix based on SIC codes
New : Appendix based on NAICS code
Size : Did Not Change – Must Keep OSHA 300 if More than 10 Employees
Based on the size of the company, not an individual site
Partial Exemption
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Partial Exemption
Employers that are partially exempt from the recordkeeping requirements because of their size or industry must continue to comply with:
1904.39, Reporting fatalities, amputations, the loss of an eye, or the in-patient hospitalization of one or more employees
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)
OSHA Poster
15Fatality/Catastrophe ReportingNEW
Report within 8 hours any work-related fatality Report within 24 hours any work-related
amputation, loss of an eye, or in-patient hospitalization of one or more employees
(Note - If Within 24 Hours of Incident)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
16Fatality/Catastrophe ReportingNEW
Report within 8 hours any work-related fatality
Report to OSHA - Death of Employee must Occur within 30 Days of Incident / Accident
Date of Death DOES NOT Change Classification of Fatality on OSHA 300
Proposed
More than 250 EmployeesElectronic filing of OSHA 300 Quarterly
More than 20 EmployeesElectronic filing of OSHA 300A Annually
Unified Agenda – Next “Action” Date 8/2015
WHYBill’s Opinion
Inspection Hierarchy
Fatality / Catastrophe New Reporting Criteria
Complaints
ProgrammedSIC Codes, Construction Reports, Site Specific Targeting, Punch Presses, Powered Industrial Trucks , CSHO Self-Referrals ……. Have NOT Worked Very Well
Electronic Filing of OSHA 300
Follow-Up
Still protecting the safety and health of the
American worker.
OSHA at 40!
OSHA at 40
Dr. Michaels VisionStronger enforcement: Some employers need
incentives to do the right thing.
Ensure that workers have a voice
Refocus and strengthen our compliance assistance programs
Change workplace culture: Employers must “find and fix” workplace hazards
But ….
Not moving away from voluntary programsConsultation ProgramVoluntary Protection Program - VPPPartnershipsAlliances
Compliance Assistance Specialists (CAS)
AURORA
CALUMET CITY – Vacant
CHICAGO NORTH – Vacant
PEORIA – Vacant
FAIRVIEW HEIGHTS
RECORDKEEPINGOverview -
Purpose – 1904.0Work-Relatedness
Work Environment Exemptions - Listed in 1904.5
Recording Criteria General Recording Criteria DART, Medical Treatment, Significant I / I
Resources Frequently Asked Questions Letters of Interpretation Preamble – 1/19/01 (Last Resort)
Purpose (of the rule)To require employers to record and report work-related fatalities, injuries and illnessesNote: Recording or reporting a work-related
injury, illness, or fatality does NOT mean 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
1904.33 Retention and Updating
You must save the OSHA log…for five years…
Do I have to update the OSHA 300 log during the five-year storage period?
Yes… newly discovered cases, changes in classification….
RECORDKEEPINGOverview
Calendar Days – Cap at 180Forms
Hearing Loss (Last Change)
Recordable vs. ReportablePrivacy ProtectionRelease Forms WITH employee namesEmployee InvolvementTemporary Employees
1904.7 General Recording Criteria
An (Work Related) injury or illness is recordable if it results in one or more of the following:DeathDays away from workRestricted work activityTransfer to another jobMedical treatment beyond first aidLoss of consciousnessSignificant injury or illness diagnosed by a
PLHCP
1904.5 – …Work EnvironmentThe establishment and other locations where one or more employees are working or are present as a condition of their employment
1904.5 – …Work-Relatedness
Broad ConceptPurpose of Rule
Exemptions Listed in Standard
Preamble – Employer makes Determination
1904.5 – …Work-RelatednessExceptions:Present as a member of the general
publicSymptoms arising in work
environment that are solely due to non-work-related event or exposure
Voluntary participation in wellness program, medical, fitness or recreational activity
Eating, drinking or preparing food or drink for personal consumption
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
Discernible CauseLetter of Interpretation – 1/13/04
The event of exposure in the work environment is a discernible cause of the injury of illness.Not predominate or only cause
Preamble – “Identifiable Event”
No “Incident”
FAQ 7-24
Employee provided antibiotics for “anthrax” although employee does not test positive for exposure / infection. Recordable?
No…. Employee is not injured or ill
Restricted Work Duty
Routine Task / Function – At least once per Week
1904.7(b)(4)(i)(A) and (B) - The Employer keeps the Employee from Performing one or more Routine Functions or the Health Care Provider Recommends …..
But….
FAQ – 7-19 – Minor Musculoskeletal Discomfort
Health Care Professional determines Employee is capable of performing all duties
Employer assigns work restrictions for the purpose of preventing….
Not Recordable
1904.7(b)(5) – Medical TreatmentMedical 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 counselingDiagnostic proceduresFirst aid
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
1904.7(b)(5) – First AidDrilling of fingernail or toenail,
draining fluid from blisterEye patchesRemoving foreign bodies from eye
using irrigation or cotton swabRemoving splinters or foreign material
from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means
Finger guardsMassagesDrinking fluids for relief of heat stress
Medical Treatment
Once Medical Treatment is ProvidedLetter of Interpretation 4/3/07Example – Goes to E.R. on Weekend –
Occupational Clinic Closed
Once Medical Treatment is Recommended (employee does NOT follow)1904.7(b)(5)(v)
Incident is Recordable
How about a Prescription for (Future) Physical Therapy?
Differing Medical OpinionsMost AuthoritativeContemporaneousLetter of Interpretation 4/3/07
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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
451904.40 – 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
RECORDKEEPINGOverview -
Purpose – 1904.0Work-Relatedness
Work Environment Exemptions - Listed in 1904.5
Recording Criteria General Recording Criteria DART, Medical Treatment, Significant I / I
Resources Frequently Asked Questions Letters of Interpretation Preamble – 1/19/01 (Last Resort)
RECORDKEEPINGOverview
Calendar Days – Cap at 180Hearing Loss – New CriteriaRecordable vs. ReportablePrivacy ProtectionRelease Forms WITH employee namesEmployee InvolvementTemporary Employees
OSHAwww.osha.gov1-800-321-osha (hot line)
Consultation ProgramsIllinois Department of Labor (They Moved)(800)972-4216 or (312)814-2337www2.illinoisbiz.biz/osha/index.htm
Indiana: INSafe(317)232-2688www.in.gov/dol/insafe.htm
OSHA Resources
QUESTIONS