OSHA Recordkeeping Training – New Regulation

1. OSHA Recordkeeping Training – New Regulation

2. Course Outline 1.0 Overview 2.0 Recording Injuries & Illnesses 3.0 Maintenance & Retention of Records 4.0 Posting Requirements

3. 1.0 Overview • Federal OSHA, under Clinton Administration, made changes to the requirements for recording work related injuries and illnesses. • California must adopt a regulation as effective by the end of December.

4. “Records” Consist of Three Forms • OSHA 300: Log of Occupational Injuries and Illnesses • OSHA 300A : Annual Summary of Occupational Injuries and Illnesses • OSHA 301: The Supplementary Record of Occupational Injury and Illnesses. Equivalent to Form 5020, Employer’s Report of Occupational Injury or Illness

5. 2.0 Recording Injuries & Illnesses • “Recordable” Cases only • Recording an injury or illness under the OSHA System does not imply that an employer was at fault, that the worker was at fault, that a violation of an OSHA standard has occurred. Or that the injury or illness will be compensable under Workers’ Compensation. It is not an admission of liability.

6. Key Terms • Recordable: Any work-related injury or illness in the work environment that is a new case and results in: • Loss of consciousness • Restricted work activity or job transfer • Days away from work not counting the day of injury • Medical treatment beyond first aid • Fatality • Diagnosed occupational illness

7. Definition • Work Environment – The establishment & other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by an employee during the course of his/her work.

8. Clarification – Work Environment is Not: • If the employee was injured when in the work environment as a member of the general public • The injury/illness involves signs or symptoms that surface at work but result solely from a non-work-related event that occurs outside the work environment • The injury/illness results solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity

9. Clarification – Work Environment is Not: • The injury/illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption. • The injury/illness is solely the result of an employee doing personal tasks at the establishment outside of the employee’s assigned working hours. • The injury/illness is solely the result of personal grooming, self-medication for a non-work-related condition or is intentionally self-inflicted.

10. Clarification – Work Environment is Not: • The injury/illness is caused by a motor vehicle accident & occurs on a company parking lot or company access road while the employee is commuting to/from work. • The illness is the common cold or flu. • The illness is a mental illness unless a psychiatrist or psychologist has stated that the employee has a mental illness that is work-related.

11. Definition • New Case: • The employee has not previously experienced a recorded injury/illness of the same type that affects the same body part, or • The employee previously experienced a recorded injury/illness of the same type that affected the same part of the body but had recovered completely from the previous injury/illness and an event or exposure in the work environment caused the signs or symptoms to reappear

12. New Case Clarification • For occupational illnesses where the signs or symptoms may recur or continue in the absence of an exposure, the case must only be recorded once. • The episode is a new case if the symptoms (e.g., occupational asthma) are the result of an event or exposure

13. Definition • Medical Treatment: The management & care of a patient to combat disease or disorder. • Does not include: • Visits to a physician solely for observation or counseling • Diagnostic procedures such as x-rays or blood tests, including the administration of prescription medications used solely for diagnostic purposes (e.g., eye drops to dilate pupils). • First Aid Treatment

14. Definition • First Aid: • Using a nonprescription medication at nonprescription strength • Administering tetanus immunizations (other immunizations such as Hepatitis B vaccine are considered medical treatment) • Cleaning, flushing or soaking wounds on the surface of the skin • Using wound coverings such as bandages, Band-Aids, gauze pads, butterfly bandages, or Steri Strips (sutures, staples, etc are considered medical treatment)

15. Definition Continued: • Using hot or cold therapy • Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts (devices with rigid stays are considered medical treatment) • Using temporary immobilization devices while transporting an accident victim • Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister • Using eye patches

16. Definition Continued: • Removing foreign bodies from the eye using only irrigation or a cotton swab • Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs, etc. • Using finger guards • Using massages (physical therapy or chiropractic treatment are considered medical treatment) • Drinking fluids for relief of heat stress

17. Definition • Pre-existing Conditions: An injury/illness is a pre-existing condition if it resulted solely from a non-work-related event or exposure that occurred outside the work environment

18. More Recordables • A pre-existing injury/illness should be recorded if it is significantly aggravated when an event/exposure in the work environment results in any of the following: • Death, provided that the pre-existing injury/illness would likely not have resulted in death but for the occupational event or exposure • Loss of consciousness • One or more days away from work, or days of restricted work, or days of job transfer • Medical Treatment if not needed before the workplace event or exposure

19. Travel • Injuries or Illnesses that occur while an employee is on travel status are work-related if, at the time of the injury/illness, the employee was engaged in work activities “in the interest of the employer.” • Examples include: travel to/from customer contacts, entertaining or being entertained to transact, discuss, or promote business, seminars or conferences

20. Travel Clarification • Not work related when: • Employee is checking into a hotel, motel, or other temporary residence • Employee is on a personal detour from a reasonably direct route of travel (e.g., has taken a side trip for personal reasons)

21. Working at Home • Injuries/Illnesses that occur while an employee is working at home will be considered work-related if the injury/illness occurs while the employee is performing work for pay or compensation in the home, and the injury/illness is directly related to the performance of work rather than to the general home environment or setting.

22. New Recordables • Tuberculosis if evidenced by a positive skin test or diagnosed by a physician • Medical Removal – Employee is removed from a their position under a medical removal provision in Title 8 regardless of the presence of diagnosis of an injury/illness. Must be recorded as days away from work or restricted work activity. Use column “poisoning” (e.g., benzene, cadmium, methylene chloride, lead, formaldehyde)

23. New Recordables Continued • Needlestick and Sharps Injuries • All work-related needlestick injuries and cuts from sharp objects that are contaminated with another person’s blood or other potentially infectious material should be entered as an injury. To protect privacy, employee’s name may not be entered on OSHA 300 log instead enter “privacy case.” • If employee is diagnosed with an infectious bloodborne disease, update description and change classification from an injury to an illness • If employee is splashed with blood or OPIM, record if it results in a bloodborne illness

24. Definition • Privacy Concern Case: • Injury/illness to an intimate body part or the reproductive system • Injury/illness resulting from a sexual assault • Mental illnesses • HIV Infection, hepatitis, or tuberculosis • Needlestick injuries and cuts from sharp objects • Illnesses in which an employee independently and voluntarily requests that his/her name not be entered on the log

25. Rules for Counting Lost Days • Count calendar days and cap at 180 • Do not include day of injury • Stop counting if a physician release an employee to work but employee fails to show up • Special circumstances –injury before vacation or weekend

26. Rules for Counting Restricted Days or Transfer Days • Record if employee is kept from performing one or more routine duties • Do not have to record if restriction is only for day of injury • Recommended restrictions are only recorded if employee is kept from performing one or more routine job duties • A partial shift because of an injury is counted as a day of restriction • Stop counting if employee’s job has been permanently modified or changed • Count calendar days and cap at 180

27. 3.0 Maintenance & Retention of Records • Each department must maintain their own OSHA 300s, 300As and 301s. Records must be maintained centrally but must be made available upon request to any employee, former employees, authorized employee representative, or Cal/OSHA inspector.

28. OSHA 300 • Recordable entries must be made within seven (7) calendar days after receiving information that a recordable injury/illness has occurred. • Any changes to previous entries must also be made within seven (7) calendar days of dutiful knowledge of such a change. • The log must be kept complete and updated to within 45-calendar days.

29. OSHA 300 Continued • All log totals must be adjusted accordingly to reflect any changes. • Must be retained for 5 years and must be updated to include newly discovered recordable injuries/illnesses and any changes in classification of injury/illness • Send to City Safety Office at the beginning of each month

30. OSHA 300A • Total columns G – M on OSHA 300 and transfer to 300A at the end of the calendar year • Does not have to be updated during 5 year storage • Must be signed by City Safety Officer, City Manager, Assistant City Manager, or Deputy City Manager

31. OSHA 301 • Departments must complete and file this form within seven (7) calendar days of receipt of information on a recordable injury or illness • May use 5020 in lieu of 301 • Must be retained for five (5) years

32. 4.0 Posting Requirements • Only Form 300A is posted WHY: Employee right to information WHERE: Conspicuous place or places where employee notices are customarily posted WHEN: From February 1 to April 30

33. Target Dates • Begin logging injuries/illnesses on 300 Log starting January 1 • Use OSHA 200 Log for calendar year 2001

34. The End • Questions • Exercise • Thank you for attending!