An Introduction to OSHA Recordkeeping Presented by: Diversified Insurance Service

Learning Objectives Understand the essential components of OSHA Review the necessary recording requirements Discuss the resources available from Diversified Insurance Service, including , to assist with compliance

OSHA Services OSHA and its state partners have approximately: 200 offices throughout the country 2,100 inspectors Complaint discrimination investigators Engineers Physicians Educators Standards writers Other technical and support personnel

OSHA Mission “To assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.”

State vs. Federal Plans States must set job safety and health standards that are "at least as effective as" comparable federal standards. (Most states adopt standards identical to federal ones.) States have the option to promulgate standards covering hazards not addressed by federal standards. A state must conduct inspections to enforce its standards, cover public (state and local government) employees, and operate occupational safety and health training and education programs. In addition, most states provide free on-site consultation to help employers identify and correct workplace hazards. Such consultation may be provided either under the plan or through a special agreement under section 21(d) of the Act.

States with OSHA Programs Section 18 of the Occupational Safety and Health Act (OSH Act) encourages States to develop and operate their own job safety and health programs. OSHA then approves and monitors state plans, and provides up to 50 percent of an approved plan's operating costs. There are currently many states and jurisdictions operating complete state plans (covering both the private sector and state and local government employees) and several others which cover public employees only. The following states/territories have state OSHA programs: Alaska Arizona California Connecticut Hawaii Indiana Illinois Iowa Kentucky Maryland Michigan Minnesota Nevada New Mexico New Jersey New York North Carolina Oregon Puerto Rico South Carolina Tennessee Utah Vermont Virgin Islands Virginia Washington Wyoming Note: The Connecticut, Illinois, New Jersey, New York and Virgin Islands plans cover public sector (State & local government) employment only.

OSHA Logs OSHA has several forms that employers must fill out to remain in compliance – Form 300, Form 300A (the Summary) and Form 301 (Injury and Illness Incident Report).

Form 300 (the Log) Must be provided to the OSHA representative upon their request.

Form 300A (the Summary) The 300A Summary must be posted in the common areas of the workplace from February 1st - April 30th each year.

Form 301 (Incident Report) Form 301 must be completed if a WC claim is not being submitted.

OSHA Recordable Incidents We offer tools to help you determine recordable incidents.

Exempt Industries - State There are several industries that are exempt from the OSHA record-keeping requirements. In general, employers in these industries are not required to maintain OSHA logs; however, state-specific OSHA programs may require these employers to complete OSHA logs (should certain situations occur). These situations include, but are not limited to the following: Excessive accidents/incidences Worker deaths Number of employees 12

Exempt Industries - State www.osha.gov/dcsp/osp

Exempt Industries - Federal Section 1904.1 Partial exemption for employers with 10 or fewer employees Section 1904.2 Partial exemption for establishments in certain industries Specific low hazard retail, service, finance, insurance or real estate

Exempt Industries - Federal SIC Code 525 542 544 545 546 549 551 552 554 557 56 573 58 591 Industry description Hardware Stores Meat and Fish Markets Candy, Nut and Confectionery Stores Dairy Products Stores Retail Bakeries Miscellaneous Food Stores New and Used Car Dealers Used Car Dealers Gasoline Service Stations Motorcycle Dealers Apparel and Accessory Stores Radio Television and Computer Stores Eating and Drinking Places Drug Stores and Proprietary stores

Exempt Industries - Federal Industry description Liquor Stores Miscellaneous Shopping Goods Stores Retail Stores Not Listed Elsewhere Depository Institutions (banks & savings institutions) Nondepository Security and Commodity Brokers Insurance Carriers Insurance Agents, Brokers and Services Real Estate Agents and Managers Title Abstract Offices Holding and Other Investment Offices Photographic Studios, Portrait Beauty Shops Barber Shops SIC Code 592 594 599 60 61 62 63 64 653 654 67 722 723 724

Exempt Industries - Federal SIC Code 725 726 729 731 732 733 737 738 764 78 791 792 793 801 Industry description Shoe Repair and Shoeshine Parlors Funeral Service and Crematories Miscellaneous Personal Services Advertising Services Credit Reporting and Collection Services Mailing, Reproduction & Stenographic Services Computer and Data Processing Services Miscellaneous Business Services Reupholstery and Furniture Repair Motion Picture Dance Studios, Schools and Halls Producers, Orchestras and Entertainers Bowling Centers Offices and Clinics of Medical Doctors

Exempt Industries - Federal SIC Code 802 803 804 807 809 81 82 832 835 839 841 86 87 899 Industry description Offices and Clinics of Dentists Offices of Osteopath Offices of Other Health Practitioners Medical and Dental Laboratories Health and Allied Services Not Elsewhere Classified Legal Services Educational Services (schools, colleges, universities & libraries) Individual and Family Services Child Day Care Services Social Services Not Elsewhere Classified Museums and Art Galleries Membership Organizations Engineers, Accounting, Research Mgmt. & Related Services Services Not Listed Elsewhere

OSHA Recordable Incident vs. WC Claim Example of an OSHA recordable that would not be a WC Claim: A temporary employee is injured on the job, seeks medical attention and misses several days of work. This would be an OSHA recordable incident; however, this would not be included in a WC claim. In this instance, the WC claim would be submitted by the Temporary Agency.

OSHA Recordable Incident vs. WC Claim Example of an non-recordable incident that would result in a WC Claim: A woman has just parked her car in a public or non-employer parking lot and is preparing to go to work. While in that parking lot, she accidentally trips and injures her back, which requires medical attention. This incident would not be an OSHA recordable injury, but could be submitted as a WC claim.

OSHA Recordkeeping Requirements How many years must you keep your logs? Standard 1904.44 states you must save your copies of the OSHA 200 and 101 forms for 5 years following the year to which they relate, and continue to provide access to the data as though these forms were the OSHA 300 and 301 forms. You are not required to update your old 200 and 101 forms.

Incident Rates What needs to be kept? Division = OSHA Recordable Incidents must be kept for each “physical location.” Hours = The actual number of hours worked by all employees of that division for that year. How are incident rates determined? Number of Recordable Incidents x 200,000/Total work hours for that division This equation allows OSHA to determine how your company compares to others in the same industry.

OSHA Hit List Due to the previous year’s incident rate, company operations may be targeted for possible inspection by OSHA; known as OSHA’s “Hit List” *List is derived from states following the federal OSHA program ONLY. This list changes annually.

Introducing When it comes to logging OSHA recordable incidents, we've got you covered!

What Can It Do For You? Allows you to keep a historical record of incidents Allows easy updating and editing of your log Automatically calculates information that needs to be provided in the 300A Provides for easy access to Form 301 MyWave® OSHA has the ability to track incidents by: Department Body Part Accident Type Multiple Years Enables you to compare incidents rates to BLS industry averages

MyWave® OSHA Now, let’s go to ! Link to your client portal site and demo the OSHA features. Content © 2008-2010 Zywave, Inc. All rights reserved. The information contained herein, including its attachments, contains proprietary and confidential information. Any distribution of these materials to third parties is strictly prohibited. MyWave® and MyWave Elements™ are registered trademarks of Zywave, Inc. 26