OSHA LOG 300 WORKSHOP

OSHA Recordkeeping Revised Recordkeeping rule published in the Federal Register on January 19, 2001 Affects 1.4 million establishments Effective on January 1, 2002 CAL-OSHA has adopted the Federal rule with limited exceptions

Benefits of the Rule Improves employee involvement Creates simpler forms Provides clearer regulatory requirements Increases employers’ flexibility to use computers

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 Covered employees: on your payroll or supervise day to day (temps, contractors, etc.) –Temps and contractors not required to log if they do not supervise –Partners and sole proprietorships exempted

Exempted Organizations Less than 10 employees over the entire year (entire organization) SIC code exemption unless requested in writing that you keep records SIC code exemption on Table 1 If one or more establishments exempt must keep records All employers must report serious injuries to Cal- OSHA per Section 342

Recording Criteria Decision Tree

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 Significant: –If occupational exposure had not occurred no: death, loss of consciousness, loss / restricted work days, medical treatment or change in medical treatment

Work-Related Exceptions Exceptions to the definition of work relationship to limit recording of cases involving: –present in work environment as a member of general public –eating, drinking, or preparing food or drink for personal consumption (workplace contaminants lead is work related) –common colds and flu –voluntary participation in wellness, fitness or recreational programs –personal grooming, self-medication or self-inflicted –motor vehicle events while commuting –mental illness unless specifically work related by licensed health care professional

Travel / Home Activities Travel: –Work Related: activity in the interest of the employer –Travel to customer site, site activities, entertainment, meetings, etc. –Personal activities not work-related Home –Work Related: related to performance of work not home environment

Case Evaluation New Case If: –no previous recorded injury / illness of same type and same body part and –previous injury / illness is same type and body part but completely recovered –new exposure resulted in recurrence of symptoms –not required to seek doctor opinion but if sought must be followed

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 »Punctured ear drum. Fracture, asbestosis, etc.

General Recording Criteria Includes new definitions of medical treatment and first aid to simplify recording decisions First aid if: –Listed treatment (see Federal Table) –Visit for observation or counseling –diagnostic - x-ray, MRI, blood test, Rx medication for diagnostic purposes Status of provider not relevant

General Recording Criteria Clarifies the recording of lost time, restricted work and job transfer cases Lost Time: unable to work the next day Restricted: cannot perform a routine function (at least once a week), cannot work a full day, starts the next day Transferred to another job for all or part of a day (count included in restricted days)

Recording Needlesticks Requires employers to record all needlestick and sharps injuries involving contamination by another person’s blood or other potentially infectious material Other exposures recorded if illness is diagnosed Must not enter employee name on OSHA 300 log

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

Musculoskeletal Disorders and Hearing Loss 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 will use the one-year delay to develop definitions of ergonomic injury and MSD consistent with a comprehensive effort Requires employers to record 25 dB shifts in employees’ hearing during 2002 OSHA will reconsider the hearing loss criteria for 2003 and beyond

Day Counts Eliminates the term “lost workdays” and focuses on days away or days restricted or transferred Count by calendar day - not just work days Count to status change, 180 day cap or employment change (unrelated to injury or illness) Do not carry over onto new log (next year) revise existing log Based on doctor recommendation not actual history

Forms Updates three recordkeeping forms –OSHA Form 300 – Log of Work-Related Injuries and Illnesses »Logged within 7 calendar days »Can use an equivalent form » Can use a computer if equivalent »Total at end of the Year »Retained for 5 years- update as needed

OSHA Form 300

Forms Updates three recordkeeping forms –OSHA Form 301 – Injury and Illness Incident Report »One report for each case »Logged within 7 calendar days »Can use an equivalent form » Can use a computer if equivalent »Total at end of the Year »Retained for 5 years - update as needed

OSHA Form 301

Forms Updates three recordkeeping forms –OSHA Form 300A – Summary of Work-Related Injuries and Illnesses »Requires the annual summary to be posted from February 1 to April 30 where notices are typically posted / mail to off- site employees »Requires certification of the summary by a company executive (owner, officer of corporation or highest ranking official at establishment or their supervisor) »Certification -review 300 log reasonable belief that based on knowledge of process the information is complete & correct »Retained for 5 years - update as needed

OSHA Form 300A

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 injuries / illnesses Employee representatives will now have access to those parts of the forms relevant to workplace safety and health

Employee Privacy Prohibits employers from entering an individual’s name on Form 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 Gives employee representatives access only to the portion of Form 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

Employee Privacy Enter the words privacy case instead of name on the 300 log Keep a separate confidential list of names & case numbers Privacy concern if: –Involves intimate body part / reproductive system –Sexual assault injury / illness –Mental Illness –HIV, hepatitis, tuberculosis, needlestick –Employee request

Multiple Establishments Must keep a separate 300 log for each establishment in operation for 1 year May be kept at a central location Transmit the information per time frame (7 days) Address & phone number of central location available Contact at central location that can transmit the information

Reporting to OSHA Report to local district OSHA office within 8 hours after knowledge of a death or serious injury / illness. Immediately if a state, county, local police or fire department is called to an accident site with a death or serious injury. Serious Injury / Illness: “An injury or illness occurring in a place of employment or in connection with employment which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation, employee suffers loss of any member of the body, serious degree of permanent disfigurement.” –Penal Code violations except Section 385 PC & accidents on public street or highway is excepted.

2001 Log Summary If required to keep 200 log in 2001 must post summary Include: –Calendar Year, Company Name & Address, Total Numbers even zeros for each 200 Log Column, Certification Signature, Title and Date Post summary by February 1, 2002 until March 1, 2002 Posting site where typical employee notices are posted

For More Information Go to OSHA’s website: (Cal-OSHA) for additional information about the new recordkeeping rule.