1 OSHA/PESH Recordkeeping Effective on January 1, 2002 Summary New simplified forms; one now as two Eliminates use of “lost work days”; counts “days away” as calendar days rather than “work days”

2 Federal and State Regulations New York State public employers must follow the state recordkeeping regulation 12 NYCRR Part 801 and Part 901. New York State Law has been developed in response to Federal OSHA new recordkeeping regulation 29 CFR 1904.

3 Summary (continued) Count for “days away” stops at 180 days calendar days Further clarifications and exceptions for defining work-relatedness Same criteria apply for work- relatedness injuries and work-related illnesses

4 Summary (continued) Requires significant degree of aggravation before a pre-existing injury or illness is considered work-related New definitions of medical treatment, first aid and restricted work

5 Summary (continued) Record all needlesticks and sharp injuries Although access for employees to information is guaranteed, employee’s privacy is protected with specific provisions

6 Summary (continued) Employer required to have procedure to communicate to employees how they are to report work-related injuries and illnesses Annual summary posting expanded to three months of February, March and April, effective 2003 for 2002 summary

7 Benefits of the Rule Improves employee involvement Creates simpler forms Written in plain language Increases employers’ flexibility to use computers

8 Forms (See handouts) Updates three recordkeeping forms PESH Form SH-900– Log of Work-Related Injuries and Illnesses (OSHA Form 300) PESH Form SH – Injury and Illness Incident Report (OSHA Form 301) PESH Form SH – Summary of Work- Related Injuries and Illnesses (OSHA Form 300A )

9 PESH Form SH – Injury and Illness Incident Report (OSHA Form 301) Employees MUST sign one of the options at the bottom of the incident report

10 Recording Criteria Eliminates different criteria for recording work-related injuries and work-related illnesses Former rule required employers to record all illnesses, regardless of severity 801.4

11 Recording Criteria Decision Tree 801.4

12 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 801.5

13 Work-Related Exceptions Adds additional exceptions to the definition of work relationship to limit recording of cases involving: eating, drinking, or preparing food or drink for personal consumption common colds and flu voluntary participation in wellness or fitness programs personal grooming or self-medication 801.5

14 General Recording Criteria Requires records to include any work-related injury or illness resulting in one of the following: Death Days away from work Restricted work or 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 801.7

15 General Recording Criteria (continued) Medical treatment and first aid more clearly defined to simplify recording decisions 801.7

16 Recording Needlesticks Requires employers to record all needlestick and sharps injuries involving contamination by another person’s blood or other potentially infectious material 801.8

17 Hearing Loss Requires employers to record 25 dB shifts in employees’ hearing during 2002 OSHA/PESH will reconsider the hearing loss criteria for 2003 and beyond

18 Musculoskeletal Disorders Applies the same recording criteria to musculoskeletal disorders (MSDs) as to all other injuries and illnesses Employer retains flexibility to determine whether an event or exposure in the work environment caused or contributed to the MSD OSHA one-year delay is in place to further define ergonomic injury and muscular skeletal disorders

19 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 & 801.9

20 Day Counts Eliminates the term “lost workdays” and focuses on days away or days restricted or transferred Includes new rules for counting that rely on calendar days instead of workdays

21 Employee Involvement Requires employers to establish a procedure for employees to report injuries and illnesses and tell their employees how to report Employee representatives will now have limited access to those parts of the PESH SH (OSHA 301) form relevant to workplace safety and health

22 Employee Privacy Prohibits employers from entering an individual’s name on PESH 900 Form (OSHA 300) for certain types of injuries/illnesses Provides employers the right not to describe the nature of sensitive injuries where the employee’s identity would be known

23 Employee Privacy (cont’d.) Gives employee representatives access only to the portion of PESH Form (OSHA 301) which contains no personal information Requires employers to remove employees’ names before providing the data to persons not provided access rights under the rule (h)

24 Annual Summary Requires the annual summary to be posted for three months instead of one Requires certification of the summary by a company executive See

25 Reporting to PESH Must report to PESH within 8 hours of being informed of a fatality or hospitalization of 2 or more public employees from an accident in the workplace that resulted in death, injury or illness (OSHA requires reporting when 3 or more employees are hospitalized)

26 Recap New simplified forms; one now as two Eliminates use of “lost work days”; counts “days away” as calendar days rather than “work days”

27 Recap Count for “days away” stops at 180 days calendar days Further clarifications and exceptions for defining work-relatedness Same criteria apply for work- relatedness injuries and work-related illnesses

28 Recap Requires significant degree of aggravation before a pre-existing injury or illness is considered work- relatedness New definitions of medical treatment, first aid and restricted work

29 Recap Record all needlesticks and sharp injuries Although access for employees to information is guaranteed, employee’s privacy is protected with specific provisions

30 Recap Employer required to have procedure to communicate to employees how they are to report work-related injuries and illnesses Annual summary posting expanded to three months of February, March and April

31 For More Information Contact NYSDOL Research and Statistics at (212) or the PESH District Office in your area for further clarification or Keeping in mind, that PESH has some differences, go to OSHA’s website: for additional information about the new recordkeeping rule.