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Recordkeeping for Public Sector Employers in Oklahoma

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Presentation on theme: "Recordkeeping for Public Sector Employers in Oklahoma"— Presentation transcript:

1 Recordkeeping for Public Sector Employers in Oklahoma

2 Objective of Today’s Training
Provide a brief overview of basic recordkeeping requirements Discuss the Public Sector Survey

3 Recordkeeping Basics The Oklahoma Occupational Health & Safety Act of adopts the Federal OSHA Recordkeeping requirements, with a few minor variations: Must use OK Forms Must notify Oklahoma Department of Labor if there is a fatality of even one employee, or catastrophe (hospitalization of five or more workers for treatment) within 48 hours Fatality & catastrophe report must be in writing on forms prescribed by the Commissioner – which are available on our website at: alityForm.pdf

4 Recordkeeping Basics Occupational Health & Safety Act of 1970
Part 1904 Recording and Reporting Occupational Injuries and Illnesses Partial exemption with employers with 10 or fewer employees 10 or fewer employees during the last calendar year do not have to keep OSHA injury and illnesses records unless OSHA or the BLS notifies you in writing Partial exemption for establishments in certain industries If your business establishment is classified in a specific low hazard retail, service, finance, insurance or real estate industry do not have to keep OSHA injury and illnesses records unless the government ask you to keep records

5 Recordkeeping Basics In both and Partial Exemption Establishments and all Private Employers, as required by (Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work- related incidents) must; Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye

6 Recordkeeping Basics You must report the fatality, inpatient hospitalization, amputation, or loss of an eye using one of the following methods: By telephone or in person to the OSHA Area Office that is nearest to the site of the incident. By telephone to the OSHA toll-free central telephone number, OSHA ( ). By electronic submission using the reporting application located on OSHA's public Web site at

7 Employers are not required to keep OSHA injury and illness records for any establishment classified in the following North American Industry Classification System (NAICS) codes, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS. All employers, including those partially exempted by reason of company size or industry classification, must report to OSHA any employee's fatality, in-patient hospitalization, amputation, or loss of an eye NAICS Code Industry Other Motor Vehicle Dealers. Electronics and Appliance Stores. Health and Personal Care Stores. Gasoline Stations.

8 Clothing Stores. Shoe Stores. Jewelry, Luggage, and Leather Goods Stores. Sporting Goods, Hobby, and Musical Instrument Stores. Book, Periodical, and Music Stores. Florists. Office Supplies, Stationery, and Gift Stores. Nonscheduled Air Transportation. Pipeline Transportation of Crude Oil.

9 Pipeline Transportation of Natural Gas. Other Pipeline Transportation. Scenic and Sightseeing Transportation, Other. Freight Transportation Arrangement. Newspaper, Periodical, Book, and Directory Publishers. Software Publishers. Motion Picture and Video Industries. Sound Recording Industries. Radio and Television Broadcasting. Wireless Telecommunications Carriers (except Satellite).

10 Telecommunications Resellers. Other Telecommunications. Internet Service Providers and Web Search Portals. Data Processing, Hosting, and Related Services. Other Information Services. Monetary Authorities Central Bank. Depository Credit Intermediation. Non depository Credit Intermediation. Activities Related to Credit Intermediation. Securities and Commodity Contracts Intermediation and Brokerage. Securities and Commodity Exchanges.

11 Other Financial Investment Activities. Insurance Carriers. Agencies, Brokerages, and Other Insurance Related Activities. Insurance and Employee Benefit Funds. Other Investment Pools and Funds. Offices of Real Estate Agents and Brokers. Lessors of Nonfinancial Intangible Assets (except Copyrighted Works). Legal Services. Accounting, Tax Preparation, Bookkeeping, and Payroll Services. Architectural, Engineering, and Related Services. Specialized Design Services. Computer Systems Design and Related Services

12 Management, Scientific, and Technical Consulting Services. Scientific Research and Development Services. Advertising and Related Services. Management of Companies and Enterprises. Office Administrative Services. Business Support Services. Travel Arrangement and Reservation Services. Investigation and Security Services. Elementary and Secondary Schools. Junior Colleges. Colleges, Universities, and Professional Schools. Business Schools and Computer and Management Training

13 Technical and Trade Schools. Other Schools and Instruction. Educational Support Services. Offices of Physicians. Offices of Dentists. Offices of Other Health Practitioners. Outpatient Care Centers. Medical and Diagnostic Laboratories. Child Day Care Services. Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures. Independent Artists, Writers, and Performers. Rooming and Boarding Houses.

14 Full-Service Restaurants. Limited-Service Eating Places. Drinking Places (Alcoholic Beverages). Electronic and Precision Equipment Repair and Maintenance. Personal and Household Goods Repair and Maintenance. Personal Care Services. Death Care Services. Religious Organizations. Grant making and Giving Services. Social Advocacy Organizations. Civic and Social Organizations. Business, Professional, Labor, Political, and Similar Organizations

15 Recordkeeping Basics There are three recordkeeping forms required by PEOSH to be used: OK Form 300 – Log of Work-Related Injuries and Illnesses OK Form 301 – First Notice of Injury and Incident Report (may use alternative form if it meets the requirements) OK Form 300A – Annual Summary of Work- Related Injuries and Illnesses

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18 OK 301 You must fill out an OK301 form for each recordable injury or illness.

19 OK 300A The OK300A must be posted from February 1st – April 30th the following year.

20 Recording Criteria (1904.4) Is work-related; and Is a new case; and
Each public sector employer must keep records of fatalities, injuries, and illnesses and must record each fatality, injury and illness that: Is work-related; and Is a new case; and Meets one or more of the general recording criteria: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.

21 Employees Employees include all employees on your payroll, whether they are hourly, salary, executive, part-time or seasonal. Also includes those who are not on your payroll if you supervise these employees on a day to day basis: Contract labor Temporary labor

22 Temp Employees Injuries that occur to temporary workers that you supervise on a day to day basis are recorded on your OK300 log and you must complete and OK301 form for each case. You must also report any fatalities/catastrophes that may occur to these temp employees. You must also count their hours worked when figuring up hours for your annual summary. Ultimately, you are responsible for their safety and health while they are performing duties for you.

23 Multiple Locations You must keep a separate OK 300 and 300A for each single fixed worksite that is expected to be in operation for one year or greater. You can keep the records at a central location, provided you can: Transmit accident reports to the recordkeeper and get the injuries recorded within 7 days and; You are able to transmit the records back to the workplace or jobsite within 4 hours if requested by government officials, or by the next business day if requested by the employee or their authorized representative.

24 Work-Relatedness Cases are considered to be work- related if an event or exposure in the work environment: Either caused or contributed to the resulting condition Significantly aggravated a pre-existing injury or illness.

25 The Work Environment The work environment is considered to include:
The establishment or other locations where one or more employees are working or are present as a condition of their employment.

26 Work-Related Exceptions
Injuries or illnesses that meet the following criteria would not be considered recordable: At the time of the injury or illness, the employee was present 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 resulted solely from a non-work- related event or exposure that occurred outside the work environment 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, softball or basketball.

27 Work-Related Exceptions (Continued)
The injury or illness is solely the result of an employee eating, drinking or preparing food or drink for personal consumption (whether bought on premises or brought in). Note: If the employee is made ill by ingesting food contaminated by workplace contaminants (such as lead), or gets food poisoning from food provided by the employer, the case would be considered work-related. The injury or illness is solely the result of an employee doing a personal task (unrelated to their employment) at the establishment outside of the employees assigned working hours.

28 Work-Related Exceptions (Continued)
The injury or illness is solely the result of personal grooming, self-medication for a non-work-related condition, or is intentionally self-inflicted. The injury or illness is caused by a motor-vehicle accident and occurs on the company parking lot or access road while the employee is commuting to or from work. The illness is the common cold or flu Note: Contagious diseases such as TB, Hep A, Brucellosis, EBV or plague are considered work related if the employee is infected at work. The illness is a mental illness. (Mental illness is not considered work-related unless the employee voluntarily provides the employer with a statement from a qualified PLHCP stating the employee has a mental illness that is work-related.)

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30 Medical Treatment Means the management and care of a patient to combat disease or disorder Does not include: Visits to the PLHCP solely for observation or counseling Diagnostic procedures First aid

31 First Aid Using non-prescription medication at non- prescription strength. Tetanus immunizations. Cleaning, flushing, or soaking surface wounds on the skin. Wound coverings, butterfly bandages, steristrips. Hot or cold therapy (regardless of the number of treatments.) Non-rigid means of support. Temporary immobilization devices used to transport an accident victim.

32 First Aid (continued) Drilling of a fingernail or toenail, draining fluid from a blister. Eye patches. Removing splinters or foreign material - From areas other than the eye by irrigation, tweezers, cotton swabs or other simple means. - Removing foreign material from the eye by simple irrigation is considered first aid. Finger guards. Massage. Drinking fluids to relieve heat stress.

33 Counting Days Away, Restricted or Transferred
You must count all calendar days, including weekends and holidays, even if the employee is not scheduled to work. You may stop counting days when: the employee has been released to full duty leaves due to reasons unrelated to the injury or illness (such as retirement, or taking another job) Reaches the cap of 180 days (in combination of days away, restricted or transferred)

34 Recording A Case You must, within 7 days of the incident being reported: Determine if the case meets the recording criteria and Enter it on the OK 300 log and Complete an OK 301 form Your entry must be complete and in detail and in accordance with the instructions provided in the packet and the standards.

35 One has no bearing upon the other!
Keep in Mind: The Recordkeeping System & Workers Compensation Systems are completely separate systems. One has no bearing upon the other! You may have cases that are compensable, but not recordable. You may have cases that are recordable, but not compensable.

36 Annual Public Sector Survey
Participation in the Public Sector Survey is mandatory for all Public Sector Employers. The Survey is conducted by a branch of the Public Employee’s Occupational Safety & Health Division, the Statistical Research Unit. First mailings go out typically the 1st week of January. Over 5000 surveys are sent. The Public Employer is required to complete the survey electronically. A second mailing goes out near the end of February/1st of March Third mailing goes out this week! (2nd week of April) Final notice goes out the first week of May

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38 Annual Public Sector Survey
Non-responders are contacted by phone from Mid-May through early June by the Statistical Unit. The non-responder list is turned over to PEOSH at the end of May for enforcement activity. If you need assistance with the survey, please call Shelly Hurst at

39 Changes to the Public Sector Survey
If you have a new facility, or consolidate with another entity, you need to notify the Public Sector Survey prior to the start of the survey year so your Survey can be updated. Also notify the Public Sector Survey if your facilities are not properly broken down into individual facilities. Note: Changes cannot be made while the survey is active. Shelly Hurst –

40 Occupational Safety and Health Administration
Final Rule Issued to Improve Tracking of Workplace Injuries and Illnesses The new rule, which takes effect Jan. 1, 2017, requires certain employers to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms. The amount of data submitted will vary depending on the size of company and type of industry. OSHA will provide a secure website that offers three options for data submission.

41 Compliance schedule Establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2016 Form 300A by July 1, These same employers will be required to submit information from all 2017 forms (300A, 300, and 301) by July 1, Beginning in 2019 and every year thereafter, the information must be submitted by March 2. Establishments with employees in certain high- risk industries must submit information from their Form 300A by July 1, 2017, and their 2017 Form 300A by July 1, Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

42 NAICS Industry 11 Agriculture, forestry, fishing and hunting 22 Utilities 23 Construction 31-33 Manufacturing 42 Wholesale trade 4413 Automotive parts, accessories, and tire stores 4421 Furniture stores 4422 Home furnishings stores 4441 Building material and supplies dealers 4442 Lawn and garden equipment and supplies stores 4451 Grocery stores 4452 Specialty food stores

43 4521 Department stores 4529 Other general merchandise stores 4533 Used merchandise stores 4542 Vending machine operators 4543 Direct selling establishments 4811 Scheduled air transportation 4841 General freight trucking 4842 Specialized freight trucking 4851 Urban transit systems 4852 Interurban and rural bus transportation 4853 Taxi and limousine service 4854 School and employee bus transportation

44 4855 Charter bus industry 4859 Other transit and ground passenger transportation 4871 Scenic and sightseeing transportation, land 4881 Support activities for air transportation 4882 Support activities for rail transportation 4883 Support activities for water transportation 4884 Support activities for road transportation 4889 Other support activities for transportation 4911 Postal service 4921 Couriers and express delivery services 4922 Local messengers and local delivery 4931 Warehousing and storage

45 5152 Cable and other subscription programming 5311 Lessors of real estate 5321 Automotive equipment rental and leasing 5322 Consumer goods rental 5323 General rental centers 5617 Services to buildings and dwellings 5621 Waste collection 5622 Waste treatment and disposal 5629 Remediation and other waste management services 6219 Other ambulatory health care services 6221 General medical and surgical hospitals 6222 Psychiatric and substance abuse hospitals

46 6223 Specialty (except psychiatric and substance abuse) hospitals 6231 Nursing care facilities 6232 Residential mental retardation, mental health and substance abuse facilities 6233 Community care facilities for the elderly 6239 Other residential care facilities 6242 Community food and housing, and emergency and other relief services 6243 Vocational rehabilitation services 7111 Performing arts companies 7112 Spectator sports 7121 Museums, historical sites, and similar institutions 7131 Amusement parks and arcades 7132 Gambling industries

47 7211 Traveler accommodation 7212 RV (recreational vehicle) parks and recreational camps 7213 Rooming and boarding houses 7223 Special food services 8113 Commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance 8123 Dry-cleaning and laundry services

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49 Oklahoma Public Sector Incidence Rates
YEAR 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 TOTAL Incidence Rate 3.8 4.0 4.3 4.5 4.7 5.0 5.3 5.1 5.4 5.6 5.7 STATE 2.8 2.9 3.1 3.4 3.7 3.9 4.1 LOCAL 5.5 6.0 6.2 6.1 6.3 6.6 6.8 CITY 8.4 8.5 9.2 10.2 10.8 12.1 11.4 11.3 12.5 12.4  COUNTY 3.6 4.4 5.2 5.9 5.8 6.4 6.5 SCHOOLS 3.2 3.5 Source: Oklahoma Department of Labor, Statistical Research Division, Public Sector Survey

50 Top 10 Lost Workday Cases for All Public Sector - 2015

51 Top 5 Lost Workday Cases – Public Schools - 2015

52 Top 5 Lost Workday Cases – Counties - 2015

53 Top 5 Lost Workday Incidents – Cities -2015

54 Top 5 Lost Workday Cases – State Agencies - 2015

55 Key Points To Remember Forms must be filled out complete and in detail
You must maintain your OK 300 and OK 300A each year, even if you did not have any recordable cases during the year. (You must also post your OK300A.) You must count all calendar days away, restricted and transferred, including weekends and holidays, even if the employee is not scheduled to work. Recordkeeping and Workers’ Compensation forms do not serve the same purpose and the two systems are not interactive. One has no bearing upon the other. These records are required for a purpose. Utilize your records to look for trends, identify hazards and improve your safety and health management system.

56 ODOL’s Website Forms http://www.ok.gov/odol/Services/ PEOSH_Forms.html
Training Video JdLRUXz8s

57 Recordkeeping Resources
OSHA’s website Regulatory Text splay_standard_group?p_toc_level=1&p_p art_number=1904 OSHA Recordkeeping Handbook index.html OSHA Recordkeeping Advisor ng.htm Recordkeeping Resources

58 Any questions?

59 For More Information, Contact:
PEOSH Oklahoma Dept. of Labor 3017 N. Stiles, Suite 100 Oklahoma City, OK (888)


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