Marcia Oursler, MPH OSHA Occupational Safety Consultant Office of Workers’ Compensation OSHA Consultation

Presentation Outline OSHA Consultation Commonly found hazards Recordkeeping

OSHA Consultation

OSHA Consultation Workforce Benefits Recognize and remove hazards from your workplace. Protect your workers from injury and illness. Prevent loss of life at your worksite. Cultivate informed and alert employees who take responsibility for their own and their coworkers' safety and for worksite safety as a whole. Improve employee morale.

OSHA Consultation Management Benefits Comply with federal and state safety and health requirements. Become more effective at their jobs. Management experts believe that a company with a well-managed injury and illness prevention program enjoys better overall management. Increase productivity rates and assure product quality.

OSHA Consultation Learn first-hand that the cost of accident prevention is far lower than the cost of accidents. Improve the bottom line by: – Lowering injury and illness rates, – Decreasing workers' compensation costs, – Reducing lost workdays, and – Limiting equipment damage and product losses.

Commonly Identified Hazards The following were the top 10 most frequently cited standards by Federal OSHA in fiscal year 2014 (October 1, 2013 through September 30, 2014): 1.Fall protection, construction (29 CFR )29 CFR Hazard communication standard, general industry (29 CFR )29 CFR Scaffolding, general requirements, construction (29 CFR )29 CFR Respiratory protection, general industry (29 CFR )29 CFR Powered industrial trucks, general industry (29 CFR )29 CFR Control of hazardous energy (lockout/tagout), general industry 7.Ladders, construction (29 CFR )29 CFR Electrical, wiring methods, components and equipment, general industry (29 CFR )29 CFR Machinery and Machine Guarding, general requirements (29 CFR )29 CFR Electrical systems design, general requirements, general industry (29 CFR )29 CFR

Commonly Identified Hazards

Commonly Identified Hazards NAICS Code 31: Manufacturing (part 1 of 3) [ ] 1.The control of hazardous energy (lockout/tagout) Hazard Communication General requirements for all machines Wiring methods, components, and equipment for general use Powered industrial trucks Mechanical power-transmission apparatus Process safety management of highly hazardous chemicals General Requirements Guarding Floor and wall openings and holes Respiratory protection

Commonly Identified Hazards NAICS Code 31: Manufacturing (part 2 of 3) [ ] 1.The control of hazardous energy (lockout/tagout) Hazard Communication Powered industrial trucks Respiratory protection General requirements for all machines Wiring methods, components, and equipment for general use General Requirements Process safety management of highly hazardous chemicals Mechanical power-transmission apparatus Occupational noise exposure

Commonly Identified Hazards NAICS Code 31: Manufacturing (part 3 of 3) [ ] 1.Hazard Communication The control of hazardous energy (lockout/tagout) General requirements for all machines Respiratory protection Powered industrial trucks Wiring methods, components, and equipment for general use General Requirements Abrasive wheel machinery Mechanical power-transmission apparatus General requirements

Recordkeeping Industries that include establishments newly required to keep records – Bakeries and tortilla manufacturing – Automotive dealers – Automotive parts, accessories, and tire stores – Building material and supplies dealers – Specialty food stores – Beer, wine, and liquor stores

Recordkeeping Industries that include establishments newly required to keep records (continued) – Other miscellaneous store retailers – Direct selling establishments – Lessors of real estate – Activities related to real estate – Consumer goods rental – Commercial and industrial machinery and equipment rental and leasing

Recordkeeping Industries that include establishments newly required to keep records (continued) – Other professional, scientific, and technical services – Services to buildings and dwellings – Other support services – Community food and housing, and emergency relief services – Performing arts companies

Recordkeeping Industries that include establishments newly required to keep records (continued) – Promoters of performing arts, sports, and similar events – Museums, historical sites, and similar institutions – Other amusement and recreation industries – Special food services – Other personal services

Recordkeeping When is an injury or illness considered work- related? – If an event or exposure in the work environment caused or contributed to the condition or significantly aggravated a pre-existing condition. – Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the workplace, unless an exception specifically applies.

: New Case Recurring symptoms of chronic illness in the absence of exposure are not new cases – Cancer, asbestosis, silicosis, etc. Each episode caused by a new event or exposure in the work environment is a new case – Occupational asthma, skin disorders If there is a medical opinion regarding resolution of a case, the employer must follow that opinion

1904.7: General Recording Criteria An injury or illness is recordable if it results in one or more of the following: – Death (all Deaths) – Days away from work – Restricted work activity – Medical treatment beyond first aid – Loss of consciousness – Significant injury or illness diagnosed by a physician or other licensed health care professional

: Days Away Cases Check the days away box and enter calendar days away from work – Do not include day of injury or illness – Count the number of calendar days the employee was unable to work (include weekend days, holidays, vacation days, etc.) – Cap day count at 180 days – If a medical opinion exists, employer must follow that opinion

: Restricted Work Activity Restricted work activity occurs when: – An employee is kept from performing one or more routine functions of his or her job (Routine functions are work activities the employee regularly performs at least once per week) – Restrictions may be imposed by either the employer or an HCP – An employee is kept from working a full workday – May stop day count if employee leaves company for a reason unrelated to the injury or illness

: Restricted Work Activity A case does not involve restricted work activity if it is limited to the day of the injury or illness – Production of fewer goods or services is not considered restricted work activity – Vague restrictions (e.g. take it easy for a week) from licensed health care professional is considered restricted work activity if additional information is not available.

27 Job transfer – An injured or ill employee is assigned to a job other than his or her regular job for part of the day – The 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 : Job Transfer

: Restricted Work/Job Transfer Counting days of restriction/transfer – Count the same as days away from work – If employer makes permanent changes to the job, stop counting but always count at least one day

: Medical Treatment Medical treatment is the management and care of a patient to combat disease or disorder. It does not include: – Visits to licensed health care professional solely for observation or counseling – Diagnostic procedures – First aid

30 First Aid Using nonprescription medication at nonprescription strength Tetanus immunizations Wound coverings, butterfly bandages, Steri-Strips Hot or cold therapy Non-rigid means of support Drilling of fingernail or toenail, draining fluid from blister

31 First Aid Removing splinters or foreign material from areas other than the eye Massage (PT, OT, chiropractic are medical treatment) Drinking fluids for heat stress

– Significant diagnosed injuries and illnesses: – Cancer – Chronic irreversible disease – Fractured or cracked bone – Punctured eardrum

– Needlestick and Sharps Injuries Record all injuries from needlesticks and sharps that are contaminated with another person’s blood or other potentially infected material Record splashes or other exposures to blood or other potentially infectious material if it results in diagnosis of a bloodborne illness or meets the general recording criteria

– Medical Removal Cases If an employee is medically removed under the medical surveillance requirements of an OSHA standard, you must record the case on the OSHA Form 300 (e.g. lead, cadmium) The case is recorded as either one involving days away from work or days of restricted work activity If the case involves voluntary removal below the removal levels required by the standard, the case need not be recorded

Tuberculosis Record a case where there is an occupational exposure to someone with a known case of active tuberculosis, and that employee subsequently develops a tuberculosis infection A case is not recordable when: – The worker is living in a household with a person who is diagnosed with active TB – The Public Health Department has identified the worker as a contact of an individual with active TB – A medical investigation shows the employee’s infection was caused by exposure away from work

– Musculoskeletal Disorders Employers record these cases just as they would record any other injury or illness.

37 OSHA 300 Forms can be kept on a computer or at another location as long as they can be produced when they are needed – Within 4 hours for OSHA Enter each recordable case on the 300 log within 7 (previously 6 working days) calendar days of receiving information that a recordable case has occurred

38 OSHA 300 Do not enter the name of an employee on the OSHA Form 300 for “Privacy concern cases” Write “Privacy case” in the name column Keep a separate confidential list of the case numbers and employee names

39 OSHA 300 Privacy Cases Privacy Concern Cases – An injury or illness to an intimate body part or reproductive system – An injury or illness resulting from sexual assault – Mental illness – HIV infection, hepatitis, tuberculosis – Needlestick and sharps injuries – Illness cases where the employee voluntarily request to keep name off

40 OSHA 300 Disclosure If you give the forms to people not authorized by the rule, you must remove the names first Exceptions: – Auditor/consultant, – Workers’ compensation or other insurance benefits – Public health authority or law enforcement agency

Multiple Business Establishments Keep a separate OSHA Form 300 for each establishment that is expected to be in operation for a year or longer May keep one OSHA Form 300 for all short-term establishments (exists for less than one year) Each employee must be linked with an establishment.

Recordkeeping

Recordkeeping Exceptions You are not required to record injury/illness if: – At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee. – The injury or illness involves signs or symptoms that surface at work but result solely from a non- work-related event or exposure that occurs outside the work environment.

Recordkeeping Exceptions You are not required to record injury/illness if: – 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.

Recordkeeping Exceptions You are not required to record injury/illness if: – The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption (whether bought on the employer’s premises or brought in). For example, if the employee is injured by choking on a sandwich while in the employer’s establishment, the case would not be considered work-related. Note: if the employee is made ill by ingesting food contaminated by workplace contaminants (such as lead), or gets food poisoning from food supplied by the employer, the case would be work-related.

Recordkeeping Exceptions You are not required to record injury/illness if: – 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. – The injury or illness is solely the result of personal grooming, self medication for a non-work-related condition, or is intentionally self-inflicted.

Recordkeeping Exceptions You are not required to record injury/illness if: – The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work. – The illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are considered work-related if the employee is infected at work).

Recordkeeping Exceptions You are not required to record injury/illness if: – The illness is a mental illness. Mental illness will not be considered work-related unless the employee voluntarily provides the employer with an opinion from a physician or other licensed health care professional with appropriate training and experience (psychiatrist, psychologist, psychiatric nurse practitioner, etc.) stating that the employee has a mental illness that is work- related.

Retention and Updating Retain forms for 5 years following the year that they cover Update the OSHA Form 300 during that period Do not need to update the OSHA Form 300A or OSHA Form 301

Change of Ownership Each employer responsible for recording and reporting only for period of the year during which he or she owned the establishment Old owner must transfer records to new owner New owner must retain records

– Employee Involvement Must inform each employee of how to report an injury or illness – Set up system for reporting – Inform each employee of the system

– Employee Involvement Must provide limited access to injury and illness records to employees, former employees and their personal and authorized representatives – Provide copy of OSHA Form 300 by end of next business day – May not remove names from OSHA Form 300

– Employee Involvement Provide copy of OSHA Form 301 to injured/ill employee, former employee or personal representative by end of next business day Provide copies of all OSHA Form 301s to authorized representative within 7 calendar days. Provide only right side of the form

– Prohibition Against Discrimination Section 11(c) of the OSH Act Cannot discriminate against an employee for reporting a work-related fatality, injury or illness, filing a safety and health complaint, or asking for access to the records

55 Reporting Fatality, Injury and Illness Information to the Government Subpart E – Fatality and catastrophe reporting – Access for Government representatives – OSHA Annual Survey – BLS Annual Survey

– Fatality/Catastrophe Reporting Report orally within 8 hours any work-related fatality or incident involving 3 or more in-patient hospitalizations 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 Must report fatal heart attacks – Area office will decide whether to investigate

– 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

Is this employer required to keep records? Employer has three construction establishments. Site A employs 7 people; Site B employs 2 and Site C employs 1.

Is this employer required to keep records? Employer has two grain elevators (SIC 4221) employing a total of 50 people and one health food store (SIC 5499) employing 20 people.

Is this employer required to keep records? Dental office that employs 20 people (SIC 8021).

Is this an employee for recordkeeping purposes? Temporary worker, supervised by employer, was injured when running a milling machine.

Is this an employee for recordkeeping purposes? President of corporation who was attending a meeting in another state was injured from a fall that occurred during the meeting

Is this an employee for recordkeeping purposes? The company nurse received an injury while drawing blood as an unpaid volunteer for the American Red Cross

Is this an employee for recordkeeping purposes? The self-employed owner of a company was injured

To Record or Not to Record… Treatment limited to cleaning, soaking, applying antiseptic and bandaging a wound. Medical glue was applied to close multiple lacerations. Butterfly bandages were applied to multiple lacerations Applying non-prescription ointments on follow- up visits to prevent drying and cracking of skin Removal of an embedded foreign material from the eye

To Record or Not to Record… Treatment limited to cleaning, soaking, applying antiseptic and bandaging a wound. Medical glue was applied to close multiple lacerations. Butterfly bandages were applied to multiple lacerations Applying non-prescription ointments on follow- up visits to prevent drying and cracking of skin Removal of an embedded foreign material from the eye

To Record or Not to Record… Employee has work-related elbow pain and is given nonprescription pain medication at prescription strength. Needlestick from sharp object contaminated with potentially infectious material. Adding drops to eye in order to dilate pupils for diagnostic purposes. The injury is the result of choking on a sandwich from employee’s brown bag lunch.

To Record or Not to Record… Employee has work-related elbow pain and is given nonprescription pain medication at prescription strength. Needlestick from sharp object contaminated with potentially infectious material. Adding drops to eye in order to dilate pupils for diagnostic purposes. The injury is the result of choking on a sandwich from employee’s brown bag lunch.

Questions?

Marcia Oursler, MPH OSHA Occupational Safety Consultant Office of Workers’ Compensation OSHA Consultation