William Coulehan OSHA - Retired

DAVID A. WARD SR. PRESIDENT Corporate Office /Training Center Indiana Office /Training Center 9930 W. 190th St. Suite L Hohman Ave. Mokena, IL Hammond, IN

TOPICS  Recordkeeping Update  What’s New  OSHA Website  Partial Exemption  New Reporting Requirements  Proposed Change  Electronic Filing  Basics

Enforcement Region V  Federal  Illinois, Ohio, Wisconsin  Except employees of “local” Government  State Plans  Indiana, Michigan, Minnesota

OFFICES in ILLINOIS  AURORA - (630)  CALUMET CITY - (708)  CHICAGO NORTH - (847)  PEORIA - (309)  FAIRVIEW HEIGHTS - (618)  IOSHA - (317)

New Interpretations  12/16/14 – New Reporting Requirements  12/12/14 – Kinesiology Tape - Medical Treatment  10/12/14 – Prescriptions Antibiotics – Medical Treatment  10/20/14 – Travel Status  8/18/14 – Pre-Existing Conditions  2/28/14 – Multiple Business Establishments  2/28/14 – Pre-Existing Conditions

OLD : Appendix based on SIC codes New : Appendix based on NAICS code Size : Did Not Change – Must Keep OSHA 300 if More than 10 Employees Based on the size of the company, not an individual site Partial Exemption

14 Partial Exemption  Employers that are partially exempt from the recordkeeping requirements because of their size or industry must continue to comply with:  , Reporting fatalities, amputations, the loss of an eye, or the in-patient hospitalization of one or more employees  , Annual OSHA injury and illness survey (if specifically requested to do so by OSHA)  , BLS Annual Survey (if specifically requested to do so by BLS)  OSHA Poster

15 Fatality/Catastrophe Reporting NEW  Report within 8 hours any work-related fatality  Report within 24 hours any work-related amputation, loss of an eye, or in-patient hospitalization of one or more employees (Note - If Within 24 Hours of Incident)  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

16 Fatality/Catastrophe Reporting NEW  Report within 8 hours any work-related fatality  Report to OSHA - Death of Employee must Occur within 30 Days of Incident / Accident  Date of Death DOES NOT Change Classification of Fatality on OSHA 300

Proposed  More than 250 Employees  Electronic filing of OSHA 300 Quarterly  More than 20 Employees  Electronic filing of OSHA 300A Annually Unified Agenda – Next “Action” Date 8/2015

WHY Bill’s Opinion Inspection Hierarchy  Fatality / Catastrophe  New Reporting Criteria  Complaints  Programmed SIC Codes, Construction Reports, Site Specific Targeting, Punch Presses, Powered Industrial Trucks, CSHO Self- Referrals ……. Have NOT Worked Very Well Electronic Filing of OSHA 300  Follow-Up

Still protecting the safety and health of the American worker. OSHA at 40!

OSHA at 40  Dr. Michaels Vision  Stronger enforcement: Some employers need incentives to do the right thing.  Ensure that workers have a voice  Refocus and strengthen our compliance assistance programs  Change workplace culture: Employers must “find and fix” workplace hazards

But ….  Not moving away from voluntary programs  Consultation Program  Voluntary Protection Program - VPP  Partnerships  Alliances

Compliance Assistance Specialists (CAS)  AURORA  CALUMET CITY – Vacant  CHICAGO NORTH – Vacant  PEORIA – Vacant  FAIRVIEW HEIGHTS

RECORDKEEPING Overview -  Purpose –  Work-Relatedness  Work Environment  Exemptions - Listed in  Recording Criteria  General Recording Criteria  DART, Medical Treatment, Significant I / I  Resources  Frequently Asked Questions  Letters of Interpretation  Preamble – 1/19/01 (Last Resort)

Purpose (of the rule)  To require employers to record and report work-related fatalities, injuries and illnesses  Note: Recording or reporting a work-related injury, illness, or fatality does NOT mean the employer or employee was at fault, an OSHA rule has been violated, or that the employee is eligible for workers’ compensation or other benefits.  OSHA injury and illness recordkeeping and Workers’ Compensation are independent of each other

Retention and Updating  You must save the OSHA log…for five years…  Do I have to update the OSHA 300 log during the five-year storage period?  Yes… newly discovered cases, changes in classification….

RECORDKEEPING Overview  Calendar Days – Cap at 180  Forms  Hearing Loss (Last Change)  Recordable vs. Reportable  Privacy Protection  Release Forms WITH employee names  Employee Involvement  Temporary Employees

General Recording Criteria  An (Work Related) injury or illness is recordable if it results in one or more of the following:  Death  Days away from work  Restricted work activity  Transfer to another job  Medical treatment beyond first aid  Loss of consciousness  Significant injury or illness diagnosed by a PLHCP

– …Work Environment The establishment and other locations where one or more employees are working or are present as a condition of their employment

– …Work-Relatedness  Broad Concept  Purpose of Rule  Exemptions Listed in Standard  Preamble – Employer makes Determination

– …Work-Relatedness – …Work-Relatedness 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  Voluntary participation in wellness program, medical, fitness or recreational activity  Eating, drinking or preparing food or drink for personal consumption

– Exceptions Personal tasks outside assigned working hours Personal grooming, self medication for non-work-related condition, or intentionally self-inflicted Motor vehicle accident in parking lot/access road during commute Common cold or flu 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

Discernible Cause  Letter of Interpretation – 1/13/04  The event of exposure in the work environment is a discernible cause of the injury of illness.  Not predominate or only cause  Preamble – “Identifiable Event”

No “Incident”  FAQ 7-24  Employee provided antibiotics for “anthrax” although employee does not test positive for exposure / infection. Recordable?  No…. Employee is not injured or ill

Restricted Work Duty  Routine Task / Function – At least once per Week  (b)(4)(i)(A) and (B) - The Employer keeps the Employee from Performing one or more Routine Functions or the Health Care Provider Recommends …..

But….  FAQ – 7-19 – Minor Musculoskeletal Discomfort  Health Care Professional determines Employee is capable of performing all duties  Employer assigns work restrictions for the purpose of preventing….  Not Recordable

1904.7(b)(5) – Medical Treatment (b)(5) – Medical Treatment  Medical treatment is the management and care of a patient to combat disease or disorder.  It does NOT include:  Visits to a PLHCP solely for observation or counseling  Diagnostic procedures  First aid

1904.7(b)(5) – First Aid (b)(5) – First Aid  Using nonprescription medication at nonprescription strength  Tetanus immunizations  Cleaning, flushing, or soaking surface wounds  Wound coverings, butterfly bandages, Steri-Strips  Hot or cold therapy  Non-rigid means of support  Temporary immobilization device used to transport accident victims

1904.7(b)(5) – First Aid (b)(5) – First Aid  Drilling of fingernail or toenail, draining fluid from blister  Eye patches  Removing foreign bodies from eye using irrigation or cotton swab  Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means  Finger guards  Massages  Drinking fluids for relief of heat stress

Medical Treatment Medical Treatment  Once Medical Treatment is Provided  Letter of Interpretation 4/3/07  Example – Goes to E.R. on Weekend – Occupational Clinic Closed  Once Medical Treatment is Recommended (employee does NOT follow)  (b)(5)(v)  Incident is Recordable

How about a Prescription for (Future) Physical Therapy? How about a Prescription for (Future) Physical Therapy?  Differing Medical Opinions  Most Authoritative  Contemporaneous  Letter of Interpretation 4/3/07

44 Subpart E - Reporting Information to the Government  Fatality and catastrophe reporting  Access for Government representatives  OSHA Survey  BLS Survey

– 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

RECORDKEEPING Overview -  Purpose –  Work-Relatedness  Work Environment  Exemptions - Listed in  Recording Criteria  General Recording Criteria  DART, Medical Treatment, Significant I / I  Resources  Frequently Asked Questions  Letters of Interpretation  Preamble – 1/19/01 (Last Resort)

RECORDKEEPING Overview  Calendar Days – Cap at 180  Hearing Loss – New Criteria  Recordable vs. Reportable  Privacy Protection  Release Forms WITH employee names  Employee Involvement  Temporary Employees

 OSHA   osha (hot line)  Consultation Programs  Illinois Department of Labor (They Moved)  (800) or (312)  www2.illinoisbiz.biz/osha/index.htm www2.illinoisbiz.biz/osha/index.htm  Indiana: INSafe  (317)  OSHA Resources

QUESTIONS