Questions 1) Which answer best describes the relationship between OSHA recordkeeping and worker’s compensation? a

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Questions 1) Which answer best describes the relationship between OSHA recordkeeping and worker’s compensation? a. All compensable workers, comp cases should be recorded on the Log b. Any case determined to be not compensable should be removed from the Log c. The OSHA recordkeeping analysis is different from worker’s compensation requirements 2. Which of the following is not considered ‘medical treatment” for OSHA Recordkeeping? a. Splints (other than for transportation) b. Butterfly bandages c. Debridement of wounds d. Physical therapy 3. Which of the following scenarios is not work related? a. John moves furniture over the weekend and comes to work Monday with a sore back. He lifts a pipe at work and feels a sharp pain, later diagnosed with muscle strain. b. Paul trips and falls walking across the job site, resulting in a sprained ankle. Your investigation establishes that there are not tripping hazards. c. George is injured in a motor vehicle accident on his way from the job site to an off-site meeting. d. During an epileptic seizure at the facility, Albert strikes his head and chips a tooth. 4. Which of the following scenarios, if any, are work-related? a. An employee chips a tooth while eating lunch brought from home. b. An employee sneezes at work and injures his back. c. An employee is stung by a bee while smoking during a break. 5. Bob is a carpenter. After he falls off a ladder and injuries his knee at work, the company doctor tells him to take over-the-counter Aleva and says that he can turn return to regular duty. When he returns to work, Bob’s supervisor tells him to “stay off the ladder” for the next week or so. Is this a recordable case? a. Yes b. No 6. An employee reports that he wrenched his back at work a month ago. He did not report the injury but saw his personal doctor, who recommended physical therapy. Do you have to record this case? a. Yes b. No 7. An employee breaks a leg in a forklift accident at work, requiring surgery. He fails the post-accident drug test and is terminated that same day per company policy. After surgery the doctor recommends 7 days away from work. Which of the following statements is the most accurate? a. Since the employee was operating the forklift while under the influence, the company is not at fault and should not record the case. b. The case should be recorded as involving medical treatment only, since the employee was terminated for the drug test prior to DAFW. c. The case should be recorded with 7 DAFW. 8. Follow a work-related injury, the company doctor tells the injured employee to take 600 mg of ibuprofen every 6 hours. Is the case recordable? a. Yes b. No 9. The OSHA 300A Annual Summary form must be posted from February 1 through March 30 each year? a. Yes b. No 10. The 300A must be reported to OSHA. a. True b. False 11. If a physician gives a prescription and the employee never fills it, the case is not recordable. a. True b. False 12. If an employee is involved in a case involving days away from work on a Thursday and is directed by the physician to not return to work until the following Tuesday, 2 DAFW (Friday and Monday) must be recorded? a. True b. False 13. Two employees get into a fight while on break. If the fight was purely person in nature, the case is not recordable because they were on break. a. True b. False 14. An employee is injured and goes to the ER where she is given work restrictions. Because the company has no jobs that are consistent with the restrictions, the company instructs the employee to remain at home until she is recovered. This case can be counted as a RWA case because it was the doctor’s intent that the employee work restricted work. a. True b. False 15. An employee injures his eye at work and is given a prescription antibiotic to prevent infection. The case is recordable. a. True b. False 16. An employee arrives at work on a cold, icy day in January. He parks his car and is walking across the company-controlled parking lot when he slips on ice and falls and breaks his leg. Because the employee had not clocked in to work at the time of the injury, the case is not recordable. a. True b. False 17. Two employees engage in horseplay while at work and one gets injured. Because both had signed the company rules saying they would not engage in any form of horseplay, the case would not be considered work related. a. True b. False 18. An employee has a pre-existing back condition that is not work-related. While at work one day, the employee lifts some rebar and he injuries his already weakened back. The doctor gives him a prescription. Because of the pre-existing condition, the case is not work-related. a. True b. False 19. Before the shift starts, an employee is walking form his car to clock in when he turns his ankle outside the safety trailer. The case is not work-related because the employee had not yet clocked in and was not engaged in work activity. a. True b. False 20. An employee reports on March 15 that he strained his shoulder while lifting a bucket on March 10. The employee failed to report the injury in a timely manner as required by company policy. The case is therefore considered not work-related or recordable. a. True b. False 21. An employer with a pre-existing herniated disc bends down to pick up his hammer and injuries his back. His personal doctor puts him out for work for 2 days. The company finds out about the injury for the first time after the employee returns to work. The case is recordable with 2 days away from work. a. True b. False 22. An employee wrenches his shoulder at work. Doesn’t tell his supervisor during the shift, and begins to feel a lot of pain when he gets home. The employee does not come to work the next day but does not go to a doctor. The case does not have to be recorded as a case with a day away from work. a. True b. False 23. An employee goes to the Emergency Room for a work-related injury and is given a prescription for pain and is told to stay home for two days. Before the next shift begins, the employee is seen by the company doctor who states that the employee can return to work on restricted work duty. The case must be counted as one involving days away from work. a. True b. False 24. An employee goes to the Emergency Room for a work-related injury and is given a prescription for pain. Before the next shift begins, the company doctor states that the prescription is not necessary. The case does not have to be recorded. a. True b. False 25. An ironworker is given a restriction of no lifting over 15 pounds. The employee’s supervisor can find regular work assignments for the employee that does not involve lifting 15 pounds. The case must be recorded as one involving restricted work activity if the ironworker normally performs work that requires him to lift more than 15 pounds at least once a week. a. True b. False SAFE 4035 OSHA Recordkeeping Dept. of Safety Sciences University of Central Missouri Dept. of Safety Sciences University of Central Missouri ? Critical component of an effective safety and health program – allows for trend analysis ? Way to benchmark and measure progress ? Companies audited by OSHA ? Potential large OSHA fines and criminal prosecution ? ? ? ? Oct. 12, 2004 – GM Powertrain Corp., Massena, N.Y. 2 willful violation citations for 98 instances of failure to record hearing loss and other cases. ($140,000) 2 other-than-serious citations for improper recording of injuries and illnesses ($8,000) 6 serious citations – obstructed exit, improper machine guarding, no load rating elevated work platform, and failure to assess the need for PPE ($12,000) Dept. of Safety Sciences University of Central Missouri ? ? ? ? Aug. 3, 2004 – Weyerhaeuser subsidiary, W.Va. Failure to record 38 cases – 24 injuries, 9 sprains, a fractured wrist, a lacerated lip, a hearing loss and rash and a CTS case. Settled as two unclassified violations - one for $70,000 (failure to record) and a second for $7,000 (“company executive” had not certified the log). Dept. of Safety Sciences University of Central Missouri ? Regulations ? Frequently Asked Questions ? Interpretation Letters Dept. of Safety Sciences University of Central Missouri ? ? ? ? ? What is the effect of workers’ compensation reports on the OSHA records? “. . . (R)ecording an injury or illness neither affects a person’s entitlement to workers’ compensation nor proves a violation of an OSHA rule. The rules for compensability under workers’ compensation differ from state to state and do not have any effect on whether or not a case needs to be recorded on the OSHA 300 log. Many cases will be OSHA recordable and compensable under workers’ compensation. However some cases will be compensable but not OSHA recordable, and some cases will be OSHA recordable but not compensable under workers’ compensation.” Dept. of Safety Sciences University of Central Missouri ? ? ? There must be a procedure for employees to report work-related injuries and illnesses. Must inform employees of the procedure. §1904.35 Suggestion: Incorporate into the orientation process. Document communication of the reporting procedure. Dept. of Safety Sciences University of Central Missouri ? All employers must report ? All work-related fatalities within 8 hours. ? All work-related inpatient hospitalizations, all amputations and all losses of an eye within 24 hours. ? You can report to OSHA by ? Calling your closest Area Office during normal business hours. ? Using the new online form that will soon be available. ? Calling OSHA's free and confidential number at 1-800321-OSHA (6742). ? Only fatalities occurring within 30 days of the work-related incident must be reported to OSHA. Further, for an in-patient hospitalization, amputation or loss of an eye, these incidents must be reported to OSHA only if they occur within 24 hours of the work-related incident. ? ? ? ? Certain covered employers are required to prepare and maintain records of serious occupational injuries and illnesses using the OSHA 300 Log. Two classes of employers that are partially exempt from routinely keeping injury and illness records. First, employers with ten or fewer employees at all times during the previous calendar year are exempt from routinely keeping OSHA injury and illness records. OSHA's revised recordkeeping regulation maintains this exemption. Establishments in certain low-hazard industries are also partially exempt from routinely keeping OSHA injury and illness records. Starting on January 1, 2015 there will be a new list of industries that will be partially exempt from keeping OSHA records. Dept. of Safety Sciences University of Central Missouri ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? Table 1: New List of Partially Exempt Industries NAICS Code and Industry Description 4412 5151 5412 6213 4431 5172 5413 6214 4461 5173 6215 4471 5415 6244 4481 5181 5416 7114 4482 5182 5417 7115 4483 5418 7213 Other Motor Vehicle Dealers Radio and Television Broadcasting Accounting, Tax Preparation, Bookkeeping, and Payroll Services Offices of Other Health Practitioners Electronics and Appliance Stores Wireless Telecommunications Carriers (except Satellite) Architectural, Engineering, and Related Services Outpatient Care Centers Health and Personal Care Stores Telecommunications Resellers Medical and Diagnostic Laboratories Gasoline Stations Computer Systems Design and Related Services Child Day Care Services Clothing Stores Internet Service Providers and Web Search Portals Management, Scientific, and Technical Consulting Services Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures Shoe Stores Data Processing, Hosting, and Related Services Scientific Research and Development Services Independent Artists, Writers, and Performers Jewelry, Luggage, and Leather Goods Stores Advertising and Related Services Rooming and Boarding Houses Dept. of Safety Sciences University of Central Missouri ? ? ? The new reporting requirements will be phased in over two years: Establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2016 Form 300A by July 1, 2017 change December 1, 2017. These same employers will be required to submit information from all 2017 forms (300A, 300, and 301) by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2. Establishments with 20-249 employees in certain highrisk industries must submit information from their 2016 Form 300A by July 1, 2017 change December 1, 2017 , and their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2. Dept. of Safety Sciences University of Central Missouri ? ? OSHA is officially seeking to rescind two major parts of its Improve Tracking of Workplace Injuries and Illnesses final rule, according to a notice published in the July 30 Federal Register. In the proposed rule, the agency states that it would require covered establishments with 250 or more employees or those with 20 to 249 employees in certain high-hazard industries to submit Form 300A data electronically, but would no longer require submission of Forms 300 or 301 injury and illness data. OSHA states that the move is intended to “protect sensitive worker information from potential disclosure under the Freedom of Information Act,” and the reporting “burden” on employers is “unjustified given the uncertain benefits of collecting the information.” Dept. of Safety Sciences University of Central Missouri ? OSHA has already started on this path by stating on its website that it would not accept Forms 300 and 301. That action caused Public Citizen, the American Public Health Association, and the Council of State and Territorial Epidemiologists to file a lawsuit July 25 in the U.S. District Court for the District of Columbia. Dept. of Safety Sciences University of Central Missouri ? ? ? ? ? ? ? On July 27, 2018, OSHA announced proposed changes to its “Improve Tracking of Workplace Injuries and Illnesses” recordkeeping rule. The current version of the rule, published in 2016, requires establishments with 250 or more employees that are currently required to maintain injury and illness records to electronically submit information to OSHA from the following: OSHA Form 300 – Log of Work-Related Injuries and Illnesses OSHA Form 300A – Summary of Work-Related Injuries and Illnesses OSHA Form 301 – Injury and Illness Incident Report OSHA is now proposing to eliminate the requirement to electronically submit information from Form 300 and Form 301 for establishments with 250 or more employees. Under OSHA’s proposed rule, establishments with 250 or more employees, and establishments with 20-249 employees in certain designated industries, would be required to electronically submit information only from Form 300A. The deadline for electronic submission of Calendar Year (CY) 2017 information from OSHA Forms 300 and 301 was July 1, 2018, but the agency is not currently accepting Form 300 or 301 data and will not enforce the deadline for these two forms without further notice while the rulemaking is underway. But the July 1, 2018 deadline did apply to Form 300A data. Dept. of Safety Sciences University of Central Missouri ? ? ? ? Why was the rule changed? OSHA is stating that it wants to remove the requirement to electronically submit information from Forms 300 and 301 because of privacy concerns associated to personally identifiable information or data that could be re-identified with a particular individual. OSHA could be forced to potentially disclose such data under Freedom of Information Act (FOIA) requests from the public, the agency says. While OSHA Form 300A only includes information on the types and numbers of injuries and illnesses, Forms 300 and 301 include more detailed information that OSHA deems to be sensitive. For example, Form 301 includes information on the employee’s full name, address, date of birth, etc. While concerns over privacy constitute a major justification officially stated for the proposed change, another main motive is deregulation. Dept. of Safety Sciences University of Central Missouri Event or Exposure Injury/Illness Work Related Dept. of Safety Sciences University of Central Missouri ? General Recording Criteria ? Medical Treatment, Restricted Work Activity, Day(s) Away from Work, Loss of Consciousness, Death ? Special Rules for significant Diagnosed Injury/Illness ? Cancer, Chronic Irreversible, Disease, Fracture, Punctured Eardrum ? Other Special recordkeeping rule ? Needle sticks and Sharps, Medical Removal, Hearing Loss, Tuberculosis ? 9 Exceptions to Work Relationship Dept. of Safety Sciences University of Central Missouri ? Was There an Event or Exposure? Dept. of Safety Sciences University of Central Missouri ? Event = instantaneous incident ? Exposure = longer than instantaneous ? The event or exposure must be reported If nothing happens, there’s no case to analyze (e.g., purely preventative activities when there’s been no event or exposure). ? Dept. of Safety Sciences University of Central Missouri ? Who: Something must happen to: ? An employee of the facility. ? Visiting employees from another Company establishment. §1904.30(b)(4) ? ? Temporary employees – If you obtain employees from a temporary help service, employee leasing service, etc., record them on your Logs “if you supervise them on a dayto-day basis.” §1904.31(b)(2). And maintain OSHA 301 Forms. Interpretation Letter Even if temp agency says that they keep a Log. §1904.31(b)(4). When: Cases are recordable during the 5 year retention/updating period. If a case occurs after employment, record in the year that the injury or illness occurred or the last day of employment. 1904.33 and FAQ 7-20. Dept. of Safety Sciences University of Central Missouri ? Did the Employee Experience an Injury or Illness? Dept. of Safety Sciences University of Central Missouri ? ? Injuries include cases such as, but not limited to, cuts, fractures, sprains, or amputations. Illnesses include such cases as a skin diseases, respiratory disorders, or poisoning. §1904.46 General guide ? think “instantaneous = injury.” ? “Cases resulting from anything other than an instantaneous ? event or exposure are considered illnesses.” FAQ 31-1. ? Note – under the recordkeeping rules, injuries and illnesses are analyzed in the same manner. §1904.46 Dept. of Safety Sciences University of Central Missouri ? FAQ 29-5 – When the employee states that symptoms first arose at some unspecified date in the past, the date that the employee reported the symptoms or received treatment must be used. Dept. of Safety Sciences University of Central Missouri ? Is the Case Work--Related? Dept. of Safety Sciences University of Central Missouri ? ? ? ? The Big Circle §5(b)(3) Travel rules Work at home Significant aggravation Dept. of Safety Sciences University of Central Missouri ? ? When an injury or illness occurs on the premises of an employer that either caused or contributed to the employee’s condition, there is a geographic presumption that the case is work related. §1904.5(b)(1) Think of the employer’s premises as a Big Circle. Anything that is reported to have happened in the Big Circle is presumed to be work related. Dept. of Safety Sciences University of Central Missouri ? ?...