Carla J. Gunnin. Jackson Lewis P.C. Atlanta (404) Jackson Lewis P.C.

Transcription

1 Carla J. Gnnin Jackson Lewis P.C. Atlanta (404) Jackson Lewis P.C.

2 Why Worry abot OSHA Recordkeeping? OSHA has historically issed large fines for significant recordkeeping violations: A very few examples: $180,000 to a shipbilding company in the late 1990s $160,000 to an atomaker in 2004 $1.2 million to a manfactring company in Volks Opinion, AKM LLC dba Volks Constrctors v. Secretary of Labor, 675 F.3d 752 (D.C. Cir. 2012) December 2016 Volks Rle 2

3 OSHA s Electronic Recordkeeping Final Rle Electronic sbmission: Employers with 250 or more (incldes part-time, seasonal, and/or temporary workers) employees in each establishment to electronically sbmit their 300, 300A, and 301 forms to OSHA annally. Employers with 20 or more, bt less than 250 employees in certain identified indstries to electronically sbmit their 300A form annally. Employers who receive notification from OSHA to electronically sbmit their 300, 300A, and 301 forms to OSHA. OSHA will post the data from employer sbmissions on a pblically accessible website not to inclde information that cold be sed to identify individal employees. 3

4 Safety Incentives and Post Accident Drg Testing Part of electronic recordkeeping rle Effective December 1, 2016 Employers reqired to develop employee injry and illness reporting reqirements employers mst inform employees of the following: Procedres for reporting work-related injries and illnesses promptly and accrately. - Employees mst not be deterred or discoraged from reporting injries and illnesses. - Reasonable reporting procedres are reqired. Employees have the right to report work-related injries and illnesses. Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injries and illnesses 4

5 Changes on Janary 1, 2015 to What Indstries are Exempt from OSHA Recordkeeping Know yor NAICS Code North American Indstry Classification Code OSHA previosly sed the Standard Indstrial Classification (SIC) Some examples of changes: NAICS 4539 other miscellaneos retail stores NAICS 4411 atomobile dealers NAICS 4452 specialty food store Exempt Indstries Fact Sheet - 5

6 Difference between OSHA Recordkeeping and OSHA Reporting Recordkeeping is completion of the OSHA forms: 300, 301 and 300A Reporting is reqired regardless of whether yor indstry is exempt from recordkeeping - Fatality 8 hors - In patient hospitalization that incldes medical treatment not jst observation 24 hors - Amptations 24 hors - Loss of an eye 24 Hors 6

7 Will There Be More Changes to OSHA Recordkeeping? A definite maybe. Congressional Review Act Volks Rle Introdced in Hose by Rep. Byrne (R-AL) Hearings schedled week of 2/27/17 U.S. District Cort Litigation Electronic Recordkeeping Rle Two Pending Cases - Texas - Oklahoma 7

8 Three Qick Recordkeeping Tips Signatre on the OSHA 300A Annal Smmary Make sre its an owner, corporate officer, or either the highest ranking management official of the site or his/her spervisor Temporary Workers Record temporary worker injries or illnesses for ones that yo spervise day to day on yor OSHA logs Medical Treatment vs. First Aid OSHA has specifically defined what is first aid (29 CFR (b)(5)(ii). If it is not on the list, then it is considered medical treatment. Always review interpretive letters on this sbject as well 8

9 THANK YOU With 800 aaorneys pracecing in major locaeons throghot the U.S. and Perto Rico, Jackson Lewis provides the resorces to address every aspect of the employer/employee relaeonship. 9