Cal/OSHA Recordkeeping Work-Related Injuries & Illnesses

1. Cal/OSHA RecordkeepingWork-Related Injuries & Illnesses • California Code of Regulation, Title 8, Section 14300

2. Organization of the Rule • Purpose - 14300 • Scope - 14300.1 & 14300.2 • Forms and Recording Criteria - 14300.4 - 14300.29 • Other Requirements - 14300.30 - 14300.38 • Reporting to the Government - 14300.39 - 14300.42 • Transition from the Formal Rule - 14300.43 - 14300.45 • Definitions - 14300.46

3. 14300 - Purpose Requires recording of work-related fatalities, certain injuries and illnesses • Note: • Recording of work-related fatalities, injuries and illnesses does not mean that the employer or employee was at fault, that a Cal/OSHA rule has been violated, or that the employee is eligible for workers’ compensation or other benefits.

4. Recording versus Reporting Recording • Partial exemptions (sections 14300.1 & 14300.2), based on various SIC codes or size of company (i.e., do not have to record work-related fatalities, injuries, and illness on the Cal/OSHA Form 300) Reporting • No exemptions, all employers must report: • immediately any serious occupational injury, illness or death to the Division of Occupational Safety and Health (DOSH), as required by Title 8, Section 342; and • occupational injury, illness to the Division of Labor Statistics and Research (DLSR).

5. 14300.1 - Partial Exemption for Smaller Employers • If the organization has ten (10) or fewer employees atalltimes during the last calendar year (i.e. peak employment), they are not required to keep records. • Count of 10 or fewer employees includes : • Employment for the entire organization • Temporary employees supervised on a day-to-day basis

6. 14300.2 - Scope • Examples of Industries Covered • agriculture, mining, construction • manufacturing, transportation, communication • electric, gas and sanitary services • wholesale trade

7. 14300.2 - Partial Exemption for Establishments in Certain Industries • Applies to some low-hazard establishments in certain retail, services, finance, insurance or real estate sectors: (Both public or private sector employers) • Partial exemption based on SIC code of individual establishments not the entire company • Within the same company some individual establishments may be required to keep records and some may not.

8. 14300.2 - Partial Exemption for Establishments in Certain Industries Partial Exemption - means that OSHA, the Bureau of Labor Statistics, or a state agency operating under the authority of OSHA, may specifically request in writing an otherwise exempt employer to record occupational injuries and illnesses. No employer is exempt from complying with such a request.

9. Table 1 - Partially Exempted Industries in California • 573 Radio, Television, & Computer Stores • 58 Eating and Drinking Places • 591 Drug Stores & proprietary Stores • 592 Liquor Stores • 594 - Miscellaneous shopping goods Stores • 599- Retail Stores , Not elsewhere classified • 60 - Depository Institutions (banks & savings institutions) • 61 - Nondepository • 62 - Security and Commodity Brokers • 63 - Insurance Carriers • 525 Hardware stores • 542 Meat and fish markets • 544 Candy, nut, and confectionary stores • 545 Dairy products stores • 546 Retail bakeries • 549 Miscellaneous food stores • 551 New and Used Car Dealers • 552 Used Car Dealers • 554 Gasoline Service Stations • 557 Motorcycle Dealers • 56 Apparel and Accessory Stores • 573 Radio, Television, & Computer Stores

10. Table 1 - Partially Exempted Industries in California • 729 - Miscellaneous Personal Services • 731- Advertising Services • 732- Credit Reporting and collection Services • 733 - Mailing, Reproduction and Stenographic Services • 737 - Computer and Data Processing Services • 738 - Miscellaneous business Services Producers, orchestras, entertainers • 764 Reupholstery and furniture repair • 782 - Motion Picture Distribution and Allied Services • 783 - Motion picture theaters • 64 - Insurance Agents, Brokers & Services • 653 - Real Estate Agents and managers • 654 - Title and Abstract Offices • 67 - Holding and Other Investment Offices • 722 - Photographic Studios, Portrait • 723 - Beauty Shops • 724 - Barber Shops • 725 - Shoe Repair and shoeshine Parlors • 726 - Funeral Service and Crematories

11. Table 1 - Partially Exempted Industries in California • 809 Health and allied services, NEC • 81 - Legal Services • 82 - Educational Services (schools, colleges, universities and libraries) • 832 - Individual& Family Services • 835 - Child Day Care Services • 839 - Social Services, Not Elsewhere Classified • 841- Museums and Art Galleries • 86 - Membership Organizations • 87 - Engineering, Accounting, Research, Management and Related Services • 899 - Services, Not Elsewhere Classified • 784 - Video Tape Rental • 791 Dance studios, schools, and halls • 792 Producers, orchestras, entertainers • 793 Bowling centers • 801 Offices and clinics of medical doctors • 802 Offices and clinics of dentists • 803 Offices of Osteopathic Physicians • 804 Offices of other health care practitioners • 807 Medical and dental Laboratories

12. 14300.2 - SIC Code 781, Motion Picture Production and Allied Services • In California, establishments in SIC Code 781 (Motion Picture Production and Allied Services) are required to record • Federal OSHA does not require these establishments to record • Note: This is the only difference between the list of establishments shown in Table 1 and the list shown in the equivalent federal rule (29 CFR 1904.2)

13. 14300.3 - Keeping Records forMore than One Agency • Records kept for another government agency meet the OSHA recordkeeping requirements if: • A memorandum of understanding between the two agencies stating the other agency’s records are acceptable; or • The other agency’s records contain the same information

14. 14300.4 - 14300.29Forms and Recording Criteria

15. Recording Criteria • 14300.4 - Recording Criteria • 14300.5 - Work-relatedness • 14300.6 - New case • 14300.7 - General recording criteria • 14300.8 - Recording Criteria for Needlesticks and Sharps Injuries • 14300.9 - Recording Criteria for Medical Removal Under Cal/OSHA Standards • 14300.10 - Recording Criteria for Cases Involving Occupational Hearing Loss • 14300.11- Recording Criteria for Work-related Tuberculosis Cases • 14300.12 - Recording Criteria for Cases Involving Work-Related Musculoskeletal Disorders • 14300.29 - Forms

16. 14300.4 - Recording Criteria • Covered employers must record each fatality, injury or illness that is: • work-related, and • a new case, and • meets one or more of the general (i.e.,14300.7) or specific (14300.8 - 14300.12) recording criteria

17. 14300.4 - Recording Criteria

18. 14300.5 - Determination of Work- Relatedness • 14300. 5(b)(4) – Significant Aggravation • 14300. 5(b)(5) – Pre-Existing Condition • 14300.5 (b)(6) – Travel Status • 14300.5(b)(7) – Work at Home

19. 14300.5 - Determination of Work-Relatedness • A case is considered work-related if an event or exposure in the work environment: • either caused or contributed to the resulting injury or illness, or • significantlyaggravated a pre-existing injury or illness • Work-relatedness is presumed unless an exception in section 14300.5(b)(2) specifically applies

20. 14300.5 - Determination of Work-Relatedness • Work environment - means the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes: • the physical location of work • the equipment or materials used by the employee during the course of his or her work

21. 14300.5(b)(2) - Work-Relatedness Exceptions The injury or illness was caused by: • the individual: • voluntarily participating in a wellness program, medical, fitness or recreational activity • eating, drinking or preparing food or drink for personal consumption • performing personal tasks (unrelated to their employment) outside assigned working hours • personal grooming or self medication for non-work-related condition • an intentionally self-inflicted act

22. 14300.5(b)(2) - Work-Relatedness Exceptions (con’t) The injury or illness was caused by: • a motor vehicle accident in parking lot or access road during commute • a common cold or flu • Symptoms surface at work that are solely due to non-work-related event or exposure • The employee was present in the work environment as a member of the general public • The employee has a mental illness (unless the employee comes forward with an opinion from an Health Care Provider with appropriate training and experience that the employee has a mental illness that is work related)

23. 14300. 5(b)(4) - Significant Aggravation • A pre-existing injury or illness is significantly aggravated when an event or exposure in the work environment results in any of the following (which would not have occurred but for the occupational event or exposure): • Death • Loss of consciousness • One or more days • away from work, or • of restricted work, or • a job transfer • Medical treatment or a change in medical treatment

24. 14300. 5(b)(5) - Pre-Existing Condition • A pre-existing condition is an injury or illness which resulted solely from a non-work related event or exposure occurring outside the work environment.

25. 14300.5 (b)(6) - Travel Status and Work-Relatedness • 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 • Examples : • entertainment to transact, discuss or promote business at the direction of the employer • traveling to / from customer contacts • conducting job tasks

26. 14300.5 (b)(6) -Travel Status and Work-Relatedness • An injury or illness that occurs while an employee is on travel status isnotwork-related if the employee: • is on a detour for personal reasons which are not work-related, or • establishes a temporary residence (e.g. checks into a hotel/motel) and then performs activities which are not in the interest of the employer

27. 14300.5(b)(7) - Work at Home • Injuries and illnesses that occur at home are work-related if they: • happen while work for pay/compensation is being performed, and • are directly related to the performance of the job • Examples : • puncturing a fingernail during home garment work • dropping a box of work documents resulting in a foot injury

28. 14300.6(a) - Determination of New Cases • An injury or illness is considered to be a new case if the employee has: • not previously experienced a recorded injury or illness of the same type that affects the same part of the body, or • previously experienced a recorded injury or illness of the same type affecting the same part of the body but recovered completely, and • an event or exposure in the work environment caused the signs / symptoms to reappear

29. 14300.6(a) - Determination of New Cases • Recurring symptoms of chronic illness are not new cases (e.g., cancer, asbestosis, silicosis, etc.) • Each episode caused by a new event or exposure in the work environment is a new case (e.g., occupational asthma, skin disorders) • If there is a medical opinion regarding resolution of a case, the employer must follow that opinion about whether the case is a new case or a recurrence.

30. 14300.7 - General Recording Criteria • An injury or illness is recordable on the Cal/OSHA 300 if it results in one or more of the following: (as defined in the regulation) • Death • Days away from work • Restricted work • Transfer to another job • Medical treatment beyond first aid • Loss of consciousness • Significant injury or illness diagnosed by a physician or other licensed health care professional

31. 14300.7(b)(2) - Fatalities mark the column for death • 14300.7(b)(3) - Days Away • mark the days away from work column • enter number of calendar days in the away from work column • exclude the day of injury or illness • “cap” the total days away at 180 calendar days • count the number of calendar days the employee was unable to work regardless of whether or not the employee was scheduled to work on those day(s) [e.g., weekends, holidays, vacation days, etc.]

32. 14300.7(b)(3) - Days Away Cases • If an employee becomes ill on Friday and returns to work on Monday (and was not scheduled to work the weekend) count the weekend only if a physician (or other licensed health care professional) indicates that the employee should not have worked those days. • If an injury or illness occurs the day before scheduled time off (e.g., holiday, a planned vacation, temporary plant closing) count the days of scheduled time off only if a medical opinion indicates that the employee should not have worked those days.

33. 14300.7(b)(3) - Days Away Cases • If a licensed health care professional recommends that the employee: • stay home but they come to work anyway, count of the days away from work in the recommendation and record them on the Cal/OSHA Form 300. • return to work but they stay home, end the count of days away from work on the date the recommendation states the employee should return to work. • If two or more recommendations from licensed health care professionals exist, make a decision on which is the most authoritative and record the days away from work based on that recommendation.

34. 14300.7(b)(3) - Days Away Cases • If employee leaves the company due to: • retirement or a reason unrelated to the injury or illness, stop day away from work count • an injury or illness which occurred at the work site, estimate the total number of days away from work

35. 14300.7(b)(3) - Days Away Cases • If a case occurs in one year but results in days away during the next calendar year, record the injury or illness once: • count the number of calendar days away for the year when the injury or illness occurred • for the annual summary, if the employee is still away, estimate the total number of calendar days you expect the employee to be away • use this number to calculate the total for the annual summary. • update the initial log entry later when the day count is known or reaches the 180-day cap.

36. 14300.7(b)(4) - Restricted Work Under the Remained at work column mark job transfer or restricted workdays • Restricted work: • occurs when the employer (or the recommendations of a physician or other licensed health care professional) keeps the employee from performing: • one or more “routine functions” (i.e. work activities regularly performed at least once per week) of the job, or • working a full workday • count just like days away from work • do not count the restriction if it is limited only to the day of the injury or illness

37. count each partial day of work as a day of restriction except the day when the injury or illness began production of fewer goods or services is not considered restricted work activity if employee can perform all the routine functions of the job 14300.7(b)(4) - Restricted Work

38. 14300.7(b)(4) - Restricted Work • If the licensed health care professional’s recommendation are vague, ask the HCP if the employee can: • (1) perform all routine job functions, and • (2) work the full assigned work shift • Then, record the injury/illness as a restricted work case if: • the answer to either question above is no, or • no clarifying information can be obtained from the HCP

39. 14300.7(b)(4) - Job Transfer means the injured or ill employee is assigned to a job other than their regular job for at least a part of any work day under Remained at work, mark job transfer or restricted workdays column count just like days away from work stop counting the number of days of job transfer if: a permanent modification is made to a job which eliminates the routine functions the employee was restricted from performing, and the employee is permanently assignment to this modified job do not count the day the injury or illness occurred count at least one day

40. 14300.7(b)(5) -Medical Treatment Beyond First Aid must be recorded: • on the Cal/OSHA Form 300 under Remained at work, mark Other recordable cases column (i.e., column J) only if the work related injury or illness did not results in: • death, or • days away from work or • a job transfer or restriction • even if an employee does not follow medical treatment recommended by a physician or other licensed health care professional

41. 14300.7(b)(5) - Medical Treatment Beyond First Aid means the management and care of a patient to combat disease or disorder. It does notinclude: • visits to licensed health care professional solely for observation or counseling • diagnostic procedures (x-rays, blood tests, prescription medications used solely for diagnostic purposes) • first aid (as defined in the regulation)

42. First aid means using: nonprescription medication at nonprescription strength wound coverings, gauze pads, butterfly bandages, Steri-Strips hot or cold therapy non-rigid means of support temporary immobilization devices while transporting an accident victim eye patches finger guards massages 14300.7(b)(5) - First Aid

43. Removing foreign bodies from eye using irrigation or cotton swab splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means Administering Tetanus immunizations Cleaning, flushing, or soaking surface wounds Drilling of fingernail or toenail, draining fluid from blister Drinking fluids for heat stress 14300.7(b)(5) - First Aid

44. If a physician or other licensed health care professional provides procedures deemed first aid, these procedures are still not considered medical treatment Similarly, if medicaltreatment is provided by someone other than a physician or other licensed health care professional, it is still considered medical treatment 14300.7(b)(5) - Professional Status of Providers

45. 14300.7(b)(6) - Loss of Consciousness • Must be recorded regardless of the length of time the employee remains unconscious • classify by marking column (G - J) which represents the most serious outcome of the loss of consciousness

46. 14300.7(b)(7) - Significant Diagnosed Injury or Illness Includes (but is not limited to) cancer, chronic irreversible diseases (e.g. asbestosis, byssinosis, silicosis), fractured or cracked bones, punctured eardrums. Record: • only once at the time of diagnosis by a physician or other licensed health care professional • by marking Other recordable cases column (i.e. column J), if the significant diagnosed injury or illness did not results in: • death, or • days away from work or • a job transfer or restriction

47. 14300.8 - Recording Criteria for Needlesticks and Sharps Injuries • Record exposures to blood or Other Potentially Infectious Material (OPIM) as: • injuries if needlesticks or cuts from sharps are involved • illnesses if a splash or other exposures result in a diagnosis of a bloodborne illness (e.g. HIV, hepatitis B, or hepatitis C) • medical treatment beyond first aid. (e.g. HIV post-exposure prophylaxis treatment, hepatitis B immune globulin, gamma globulin, hepatitis B vaccination). • To protect privacy, do not enter the employee's name on the Cal/OSHA Form 300

48. 14300.8 - Recording Criteria for Needlesticks and Sharps Injuries • Other Potentially Infected Material (OPIM) includes the following materials: • Human bodily fluids, tissues and organs, and • Other materials infected with the HIV, hepatitis B virus (HBV) or hepatitis C virus (HCV) such as laboratory cultures or tissues from experimental animals.

49. 14300.8 - Recording Criteria for Needlesticks and Sharps Injuries • If cuts, lacerations, punctures or scratches are work-related and do not involve contamination with another persons blood or OPIM then record only if the incident involved: • Death • Days away from work • Restricted work • Transfer to another job • Medical treatment beyond first aid • Loss of consciousness • Significant injury or illness diagnosed by a physician or other licensed health care professional

50. 14300.8 - Recording Criteria for Needlesticks and Sharps Injuries • If a recorded injury is later diagnosed as an infectious bloodborne disease causing death, days away from work, restricted work, or job transfer : • update the description to identify the disease • change the classification from an injury to an illness