UAW Health & Safety Department

CFR 29 Part 1904 Recording and Reporting Occupational Injuries and Illnesses

29 CFR Part 1904 Subpart A – Purpose Subpart B – Scope Subpart C – Recordkeeping Forms and Recording Criteria Subpart D – Other OSHA Injury and Illness Recordkeeping Requirements Subpart E – Reporting Fatality, Injury and Illness Information to the Government Subpart F – Transition From the Former Rule Subpart G – Definitions

BLS Reported Injury Rates in Transportation Equipment Industries

Recordkeeping Citations Ergonomics Effective New OSHA rules Injury-Illness Rates, Motor Vehicles and Car Bodies

Getting the Rate Down the Old Fashioned Way The Wayback Machine: Injury happened last calendar year, recorded on last year’s log; nobody ever looks back on last year’s rate.

Getting the Rate Down the Old Fashioned Way Original sin: Injury is a recurrence, even if the first incident was years ago For example, 70% of back injury victims have prior back injuries Old rules, injury in worker 30 days treatment-free was a new case New rules, “professional” judgment

Getting the Rate Down the Old Fashioned Way Prophylactic Job Transfer: There’s really nothing wrong with the victim (who is complaining of pain, usually MSD pain), we just moved the worker to another job to prevent an injury Old rules, any change in job content as a result of a medical visit was a restriction, created requirement to record New practice, in settlement of NAM lawsuit which killed OSHA’s Cooperative Compliance Program, allows not to be recorded

Getting the Rate Down the Old Fashioned Way Virtual job placement: There was a job the victim could have done, but we let the worker go home instead, so it’s not a “days away” case. Most large locations have “sheltered work” assignments which a person in a wheelchair could do. If there’s no “medical treatment” or diagnosis, the case doesn’t have to be recorded at all.

Getting the Rate Down the Old Fashioned Way Supervisor’s restriction: The victim comes back from medical after “first aid,” the supervisor puts the victim in a job which accommodates the injury (for example, a one-handed job favoring an injury hand) but doesn’t tell the OSHA recordkeeper. This is required to be recorded under the rules, but who’s counting?

Getting the Rate Down the Old Fashioned Way Voluntary vacancy: The victim is encouraged to go home after injury rather than medical, and take vacation the next few days or weeks. At many workplaces, you get paid more on vacation than on workers’ compensation

Getting the Rate Down the Old Fashioned Way I didn’t hear it through the grapevine: The rules are clear, if an injury is reported to anyone in management, including a line supervisor or the absentee call in number, the six day recording clock starts. But if safety doesn’t ask, and the supervisory doesn’t tell, it doesn’t get in the record.

Getting the Rate Down the Old Fashioned Way Out of sight… At least half of new recorded injuries are musculoskeletal disorders without bleeding, loss of consciousness, or anything else visible. If co-workers don’t see it, there’s often no pressure to record.

Getting the Rate Down the Old Fashioned Way Over-the-counter treatment: Treatment with prescription drugs creates an obligation to record. The answer? Prescribe non-prescription drugs. This is a special case of limiting treatment to first aid, to avoid recording.

Getting the Rate Down the Old Fashioned Way The vending machine: Some locations put the pain killers and bandages in a vending machine out in the work area, so the victim never goes to medical at all, and doesn’t tell the supervisor, both of which drive the recording obligation underground.

Getting the Rate Down the Old Fashioned Way Safety Bingo: Safety incentive programs for not reporting injuries drive injuries underground Group incentive programs are worse than individual programs, since they create peer pressure not to report and cost the department its pizza party. This violates OSHA anti-discrimination rules by denying workers the benefits of exercising their protected right to report injuries and bringing hazards to management’s attention. But OSHA won’t even take a policy position on this matter, much less enforce.

Getting the Rate Down the Old Fashioned Way Plastic Cup: Drug testing after every report of injury is a time tested way of extinguishing injury reporting. Drug testing without probable cause violates the OSHA anti-discrimination rules by treating employees adversely for exercising their protected right to report injuries bringing hazards to management’s attention. But OSHA won’t even take a policy position on this matter, much less enforce.

Getting the Rate Down the Old Fashioned Way You must have broke the rules: Since behavior-based safety literature says 90% of injuries arise from unsafe worker behavior, every injury report should be investigated for discipline We don’t know what rule you broke, but we will find out.

Subpart A Purpose

Subpart A -Purpose § Purpose. To require employers to record and report work- related fatalities, injuries and illnesses. Note to § : Recording or reporting a work-related injury, illness, or fatality does not mean that the employer or employee was at fault, that an OSHA rule has been violated, or that the employee is eligible for workers' compensation or other benefits.

Subpart G Definitions

Subpart G - Definitions Injury or illness: An injury or illness is an abnormal condition or disorder. Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation. Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease, respiratory disorder, or poisoning. (Note: Injuries and illnesses are recordable only if they are new, work-related cases that meet one or more of the Part 1904 recording criteria) Some aggravation of pre-existing conditions may be recordable if significant to cause lost days, loss in productivity or medical treatment

Subpart G - Definitions Physician or Other Licensed Health Care Professional (PLHCP): A physician or other licensed health care professional is an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently perform, or be delegated the responsibility to perform, the activities described by this regulation.

Subpart E Reporting Fatalities

Reporting fatalities and multiple hospitalization incidents to OSHA § Within eight (8) hours after the death of any employee from a work-related incident or the in-patient hospitalization of three or more employees as a result of a work-related incident, you must orally report the fatality/multiple hospitalization by telephone or in person to the Area Office of the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor, that is nearest to the site of the incident.

Reporting fatalities and multiple hospitalization incidents to OSHA § You may also use the OSHA toll-free central telephone number, OSHA ( ).

Reporting fatalities and multiple hospitalization incidents to OSHA § If the Area Office is closed, may I report the incident by leaving a message on OSHA's answering machine, faxing the area office, or sending an ? No, if you can't talk to a person at the Area Office, you must report the fatality or multiple hospitalization incident using the 800 number. No, if you can't talk to a person at the Area Office, you must report the fatality or multiple hospitalization incident using the 800 number.

Reporting fatalities and multiple hospitalization incidents to OSHA § You must give OSHA the following information for each fatality or multiple hospitalization incident: The establishment name; The location of the incident; The time of the incident; The number of fatalities or hospitalized employees;

Reporting fatalities and multiple hospitalization incidents to OSHA § You must give OSHA the following information for each fatality or multiple hospitalization incident: The names of any injured employees; Your contact person and his or her phone number; and A brief description of the incident.

Reporting fatalities and multiple hospitalization incidents to OSHA § What if I don't learn about an incident right away? If you do not learn of a reportable incident at the time it occurs and the incident would otherwise be reportable under paragraphs (a) and (b) of this section, you must make the report within eight (8) hours of the time the incident is reported to you or to any of your agent(s) or employee(s).

Reporting fatalities and multiple hospitalization incidents to OSHA § Do I have to report a fatality caused by a heart attack at work? Yes, your local OSHA Area Office director will decide whether to investigate the incident, depending on the circumstances of the heart attack.

Subpart D Other OSHA Injury & Illness Recording Requirements

Forms § (Subpart C) You must use OSHA 300, 300-A, and 301 forms, or equivalent forms, for recordable injuries and illnesses. The OSHA 300 form is called the Log of Work-Related Injuries and Illnesses, The 300-A is the Summary of Work-Related Injuries and Illnesses, and The OSHA 301 form is called the Injury and Illness Incident Report.

OSHA Form 300

OSHA Form 301

OSHA Form 300A

Forms § (Subpart C) When do I need to complete an OSHA 301 Incident Report? You must complete an OSHA 301 Incident Report form, or an equivalent form, for each recordable injury or illness entered on the OSHA 300 Log.

Forms § (Subpart C) How quickly must each injury or illness be recorded? You must enter each recordable injury or illness on the OSHA 300 Log and 301 Incident Report within seven (7) calendar days of receiving information that a recordable injury or illness has occurred.

Annual Summary § How do I certify the annual summary? A company executive must certify that he or she has examined the OSHA 300 Log and that he or she reasonably believes, based on his or her knowledge of the process by which the information was recorded, that the annual summary is correct and complete.

Annual Summary § Who is considered a company executive? The company executive who certifies the log must be one of the following persons: An owner of the company (only if the company is a sole proprietorship or partnership); An officer of the corporation; The highest ranking company official working at the establishment; or The immediate supervisor of the highest ranking company official working at the establishment.

Annual Summary § 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.

Annual Summary § When do I have to post the annual summary? 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 through April 30.

Annual Summary § At the end of each calendar year, you must: Review the OSHA 300 Log to verify that the entries are complete and accurate, and correct any deficiencies identified; Create an annual summary of injuries and illnesses recorded on the OSHA 300 Log; Certify the summary; and Post the annual summary from February 1st through April 30.

Retention & Updating § You must save the: OSHA 300 Log, Privacy Case list (if one exists), Annual Summary (300A) OSHA 301 Incident Report forms For five (5) years following the end of the calendar year that these records cover. Update stored records as necessary during the retention period. Do not have to update the summary or the incident reports

Subpart C Recordkeeping Forms & Recording Criteria

Recording Criteria § Injury/Illness must be recorded if: Work related; and is a New case; and Meets one or more of the general recording criteria of § or the application to specific cases of § through §

47 Musculoskeletal Disorders Applies the same recording criteria to musculoskeletal disorders (MSDs) as to all other injuries and illnesses Employer determines whether an event or exposure in the work environment caused or contributed to the MSD

NO YES Did the employee experience an injury or illness? Did the employee experience an injury or illness? Is the injury or illness work related? Is the injury or illness work related? Is the injury or illness a new case? Is the injury or illness a new case? Update the previously recorded injury or illness if necessary. Update the previously recorded injury or illness if necessary. Does the injury or illness meet the general recording criteria or the application to specific cases? Does the injury or illness meet the general recording criteria or the application to specific cases? Do not need to record the injury or illness. Do not need to record the injury or illness. Record the injury or illness. Record the injury or illness.

49 Definition [ ] An injury or illness is an abnormal condition or disorder. Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation. Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease, respiratory disorder, or poisoning. Did the employee experience an injury or illness?

50 Stop Here OR Go On To The Next Question? Scenario A: A worker reports to nurses’ station with complaint of painful wrists. Employee given 2 Advil™ and returned to job. Answer: Go on to the next question. Why: Painful wrists was the injury experienced. Did the employee experience an injury or illness?

51 Scenario B: There is a chlorine gas leak at XYZ establishment and the two employees in the area are rushed to the hospital. They are told to stay home the next day as a precautionary measure. Stop Here OR Go On To The Next Question? Answer: It depends ! ! We need more information. Why: We need to know if either employee exhibited signs or symptoms of an injury/illness. If yes, then go to the next question. If no, STOP. We have an event or exposure only. Did the employee experience an injury or illness?

NO YES Did the employee experience an injury or illness? Did the employee experience an injury or illness? Is the injury or illness work related? Is the injury or illness work related? Is the injury or illness a new case? Is the injury or illness a new case? Update the previously recorded injury or illness if necessary. Update the previously recorded injury or illness if necessary. Does the injury or illness meet the general recording criteria or the application to specific cases? Does the injury or illness meet the general recording criteria or the application to specific cases? Do not need to record the injury or illness. Do not need to record the injury or illness. Record the injury or illness. Record the injury or illness.

Determination of Work Relatedness § You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. The work event or exposure need only be one of the discernable causes; it need not be the sole or predominant cause Exceptions in (b)(2)

– 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

– Work Environment Travel Status: Work related if activities are “In the interest of the employer” Examples include travel to and from customer contacts and entertaining to transact, discuss, or promote business (work-related entertainment includes only entertainment activities being engaged in at the direction of the employer). Hotels are “home away from home” Commuting does not count as work related Detours do not count Work at home activities must be work related

Determination of Work Relatedness § Which injuries and illnesses are considered pre-existing conditions? An injury or illness is a preexisting condition if it resulted solely from a non-work-related event or exposure that occurred outside the work environment.

How do I know if an event or exposure in the work environment "significantly aggravated" a preexisting injury or illness? 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 otherwise would not have occurred): Death; Loss of consciousness; Days away, days restricted or job transfer; Medical treatment

58 Work-Related 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 personal task at work outside assigned working hours voluntary participation in wellness or fitness programs

59 Work-Related Exceptions common colds and flu personal grooming or self-medication motor vehicle accident in parking lot while commuting eating, drinking, or preparing food or drink for personal consumption

60 Work-Related Exceptions 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

61 Stop Here OR Go On To The Next Question? Why?:Exception - The injury or illness results solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity such as blood donation, physical examination, flu shot, exercise class, racquetball, or baseball. Scenario A: Employee gives blood at voluntary employer-sponsored blood drive and passes out (loss of consciousness). Answer: Stop Here Is the injury or illness work-related?

62 Scenario B: Employee sprains ankle in company parking lot on his way in to work. Stop Here OR Go On To The Next Question? Why?:There is no exception that applies. Parking lot exception applies only to motor vehicle accidents during commute. Answer: Go on Is the injury or illness work-related?

63 Scenario C: Employee slips and falls in hallway at plant, breaking arm while working on daughter’s science project on Saturday, employee’s day off. Stop Here OR Go On To The Next Question? Why?:Exception - The injury or illness is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee’s assigned working hours. Answer: Stop Is the injury or illness work-related?

Determination of Work Relatedness § Regardless of where signs or symptoms surface, a case is work-related 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. NOTE: If not obvious analyze work environment

NO YES Did the employee experience an injury or illness? Did the employee experience an injury or illness? Is the injury or illness work related? Is the injury or illness work related? Is the injury or illness a new case? Is the injury or illness a new case? Update the previously recorded injury or illness if necessary. Update the previously recorded injury or illness if necessary. Does the injury or illness meet the general recording criteria or the application to specific cases? Does the injury or illness meet the general recording criteria or the application to specific cases? Do not need to record the injury or illness. Do not need to record the injury or illness. Record the injury or illness. Record the injury or illness.

Determination of New Cases § Has not previously experienced a recorded injury or illness of the same type that affects the same part of the body Has had same type & part of body but had fully recovered If an exposure triggers the recurrence, it is a new case (e.g., asthma, rashes) Chronic recurrence does not count (e.g., silicosis, tuberculosis, asbestosis)

“Rule of Thumb” Do not need a PLHCP to determine but if there is a medical opinion regarding a case, the employer must follow that opinion. Physician or Other Licensed Health Care Professional (PLHCP)

68 Stop Here OR Go On to the Next Question? Scenario A: Five weeks ago, employee sprained wrist at work and received support, prescription medication, and “light duty.” Two weeks ago employee was back on normal job and completely recovered. Today (5 weeks after the injury) employee complains of pain in same wrist after moving boxes. Why?:Employee had completely recovered from the previous injury and a new event or exposure occurred in the work environment. Answer: Go on Is the injury or illness a new case?

69 Scenario B: Five weeks ago, employee sprained wrist at work and received support, prescription medication, and “light duty.” Two weeks ago, employee was back on normal job, but continued to take prescription medication. Today (5 weeks after the injury) employee complains of pain in same wrist after moving boxes. Stop Here OR Go On to the Next Question? Why?:Employee had not completely recovered from the previous injury or illness. Update the previously recorded entry, if necessary. Answer: Stop Is the injury or illness a new case?

70 Scenario C: Employee fractures foot at work. Every six months or so it bothers him and he is placed on light duty for a day or two. Stop Here OR Go On to the Next Question? Why?:Was the employee completely recovered? If no, stop. If yes, was there a new event or exposure in the work environment? Answer: It depends. We need more information Is the injury or illness a new case?

NO YES Did the employee experience an injury or illness? Did the employee experience an injury or illness? Is the injury or illness work related? Is the injury or illness work related? Is the injury or illness a new case? Is the injury or illness a new case? Update the previously recorded injury or illness if necessary. Update the previously recorded injury or illness if necessary. Does the injury or illness meet the general recording criteria or the application to specific cases? Does the injury or illness meet the general recording criteria or the application to specific cases? Do not need to record the injury or illness. Do not need to record the injury or illness. Record the injury or illness. Record the injury or illness.

Recording Criteria § A work-related injury or illness must be recorded if it results in one or more of the following: Death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. Diagnosed by MD whether above occurred or not; cancer; chronic irreversible disease (silicosis, byssinosis); cracked bone or punctured ear drum.

73 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 (b)(4) - Restricted Work Cases

(b)(4) – Restricted Work Cases Restricted work occurs when, as the result of a work-related injury or illness: You keep the employee from performing one or more of the routine functions of his or her job, (i.e. would not be able to climb) or from working the full workday that he or she would otherwise have been scheduled to work; or A physician or other licensed health care professional (LHCP) recommends the above

(b)(4) – Restricted Work Cases 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. OSHA’s policy regarding “preventive” transfers (MSDs), a case is not recordable under (b)(4) as a restricted work case if:

(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; or An 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

Recording Criteria § What is the definition of medical treatment? "Medical Treatment" (MT) means the management and care of a patient to combat disease or disorder. For the purposes of Part 1904, medical treatment does not include: Visits to PLHCP’s for observation or counseling only Diagnostic procedures, such as x-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes First Aid

Recording Criteria § First Aid (FA): Using a non-prescription medication at nonprescription strength Tetanus immunizations (other immunizations are MT) Flushing skin wounds Wound coverings & elastic bandages Hot & cold packs Non-rigid support (elastic wraps or bandages) Immobilization devices used during transport

Recording Criteria § First Aid: Drilling fingernails Eye patches Removing objects from eye using irrigation or cotton swabs only Simple removal of splinters Using finger guards Using massages Drinking fluids for heat stress FA/MT doesn’t depend on who administers it

Recording criteria for cases involving occupational hearing loss § If an employee’s hearing test (audiogram) reveals that the employee has experienced a work-related Standard Threshold Shift (STS) in hearing in one or both ears, and the employee’s total hearing level is 25 decibels (dB) or more above audiometric zero (averaged at 2000, 3000 and 4000 Hz) in the same ear(s) as the STS, you must record the case on the OSHA 300 log

Recording criteria for needlestick and sharps injuries. § Record all work-related needlestick injuries and cuts from sharp objects contaminated with another person's blood or other infectious material (as defined by 29 CFR ). Enter the case on the OSHA 300 Log as an injury. To protect the employee's privacy, you may not enter the employee's name on the OSHA 300 Log (see the requirements for privacy cases in paragraphs (b)(6) through (b)(9)).

Subpart C (continued) Recordkeeping Forms & Recording Criteria

Forms § Are there situations where I do not put the employee's name on the forms for privacy reasons? Yes, if you have a "privacy concern case," you may not enter the employee's name on the OSHA 300 Log. Instead, enter "privacy case" in the space normally used for the employee's name. This will protect the privacy of the injured or ill employee when another employee, a former employee, or an authorized employee representative is provided access to the OSHA 300 Log under § (b)(2).

Forms § Privacy cases include: An injury or illness to an intimate body part or the reproductive system; An injury or illness resulting from a sexual assault; Mental illnesses; HIV infection, hepatitis, or tuberculosis; Needlestick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material Other illnesses, if the employee independently and voluntarily requests that his or her name not be entered on the log.

Forms § Are there situations where I do not put the employee's name on the forms for privacy reasons? You must keep a separate, confidential list of the case numbers and employee names for your privacy concern cases so you can update the cases and provide the information to the government if asked.

Subpart D (continued) Other OSHA Injury & Illness Recording Requirements

87 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 have access to those parts of the OSHA 301 form relevant to workplace safety and health

Employee Involvement Employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the OSHA injury and illness records, with some limitations

Employee Involvement An authorized employee representative is an authorized collective bargaining agent of employees. A personal representative is: Any person that the employee or former employee designates as such, in writing; or The legal representative of a deceased or legally incapacitated employee or former employee.

Employee Involvement When an employee, former employee, personal representative, or authorized employee representative asks for copies of your current or stored OSHA 300 Log(s) for an establishment the employee or former employee has worked in, you must give the requester a copy of the relevant OSHA 300 Log(s) by the end of the next business day.

Employee Involvement You must leave the names on the 300 Log. However, to protect the privacy of injured and ill employees, you may not record the employee's name on the OSHA 300 Log for certain "privacy concern cases," as specified in paragraphs (b)(6) through (b)(9).

Employee Involvement 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

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. That provision of the Act 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.

Providing records to government representatives § When an authorized government representative asks for the records you keep under Part 1904, you must provide copies of the records within four (4) business hours.

Providing records to government representatives § The government representatives authorized to receive the records are: A representative of the Secretary of Labor conducting an inspection or investigation under the Act; A representative of the Secretary of Health and Human Services (including the National Institute for Occupational Safety and Health -- NIOSH) conducting an investigation under section 20(b) of the Act, or A representative of a State agency responsible for administering a State plan approved under section 18 of the Act.

Group Exercise Recordkeeping Recording Criteria

04-6 On , Don Dawn, a press operator in the press department cut his right thumb on sheet metal and received 27 stitches. The treating physician recommended that he stay home for 10 days and return for a evaluation before returning to work. Don talked his employer into letting him stay at work for those 10 days.

04-5 On , Emily Horner, a grinder in the buffing department, went to the local med center to have some particles removed from both eyes. Both eyes were irrigated and she returned to work the next day with no restrictions.

04-4 R.J. McDuck, a warehouse worker, stepped on a board with exposed nails on cutting his left foot. He was sent to the hospital and received 7 stitches and a tetanus shot. ( he had no days away from work or restricted work.)

04-2 Ron Todd (truck mechanic) had eye injuries on while working in the garage. Hospital treatment resulted with two follow-up visits to the doctor for foreign bodies embedded in the eyes. (no lost workdays)

CASE 1: Pete Barnett, a grinder operator, in Department 6, lacerated his left forefinger at 9:00am on Tuesday, January 6, He was sent to the Walk-In Department at the local clinic. It took eight (8) stitches to close the wound. When he returned to work the next day the doctor’s slip asked him to return in ten (10) days for removal of the stitches. It also said to keep the hand clean.

CASE 2: Mike Hartman, a powered industrial truck operator, in the Packing Department, reported on Tuesday, March 9, 2004, that his left hand was sore. He did not relate to a specific incident. He said it had become increasingly worse over the past week. He was sent to the doctor and returned with a note requesting that he receive therapy twice a week; wear a brace on his hand; and return to work in two (2) weeks.

CASE 3: Bob Miller, a Maintenance worker, parked his car and was walking into work on Friday, April 2 nd, He slipped and fell breaking his left arm in the parking lot. He was taken to the hospital; a cast was applied and he returned to work on April 5 th. He was placed on restricted duty until May 7 th, when the cast was to be removed.

CASE 4: Barb Johnson, a packer in the shipping department, was lifting a box on Wednesday, June 9, 2004, when she felt a pain in her back. She reported it immediately to her supervisor. Her supervisor asked her if she wanted to see a doctor and she said “no”. Two days later she said it still hurt so she went to the doctor. The doctor diagnosed a strain and recommended she avoid lifting for a week and said to return if it did not improve.