OSHA 300. November 18 th, 2014 Presented by: Brian Hitt and Nick Hanna

Transcription

1 OSHA 300 November 18 th, 2014 Presented by: Brian Hitt and Nick Hanna

2 Subpart A -- Purpose Purpose. Purpose To require employers to record and report workrelated fatalities, injuries and illnesses. Note to : Recording or reporting a work-related injury, illness, or fatality does not mean that the employer or employee was at fault, that an OSHA rule has been violated, or that the employee is eligible for workers' compensation or other benefits.

3 Partial Exemption or fewer employees Certain low risk industries Based on size 10 or fewer employees (entire company) 10 or less at all times during entire year The above are exempt from recordkeeping unless BLS or OHSA informs you in writing to keep records Still must report fatalities & catastrophes

4 Partial Exemption Exemptions based on SIC codes- low risk industries See handout Currently New Motor Vehicle dealers Exempt New OSHA Mandate changes this- effective 1/1/2015 Automobile dealers must comply Motorcycle and RV Dealers still exempt Truck dealers currently required and remain

5 Forms You must use OSHA 300, 300-A, and 301 forms, or equivalent forms, for recordable injuries and illnesses. The OSHA 300 form is called the Log of Work-Related Injuries and Illnesses, The 300-A is the Summary of Work- Related Injuries and Illnesses, and The OSHA 301 form is called the Injury and Illness Incident Report.

6 When do I report? Is the injury or illness work-related? Which work-related injuries should be recorded? Death; loss of conciousness; days away from work; restricted from work activity; or medical treatment beyond first aid If only administering basic first aid- not recordable Cases listed on Log are not necessarily eligible for workers comp. Again, listing a case on the Log does not mean an employer or worker was at fault or that an OSHA standard was violated

7 What do I do??? 1) Within 7 calendar days after receiving information on an injury or illness, determine if recordable. 2) Determine whether incident is a new case or a recurring one. 3) Establish whether the case was work-related. 4) If recordable, decide which form you will fill out as the injury and illness incident report a) You may use OSHA s 301: Injury and Illness Incident Report or an equivalent form (BWC form); 5) Log the injury on the 300 Form (as outlined later)

8 NO Did the employee experience an injury or illness? YES NO Is the injury or illness work related? YES Is the injury or illness a new case? YES NO Update the previously recorded injury or illness if necessary. NO Does the injury or illness meet the general recording criteria or the application to specific cases? YES Do not need to record the injury or illness. Record the injury or illness.

9 Determination of Work Relatedness You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Exemptions in (b)(2)

10 Determination of Work Relatedness If not obvious analyze work environment How do I know if an event or exposure in the work environment "significantly aggravated" a preexisting injury or illness? Death Loss of consciousness Days away, days of restricted work, days of job transfer

11 Determination of Work Relatedness Which injuries and illnesses are considered pre-existing conditions? An injury or illness is a preexisting condition if it resulted solely from a non-work-related event or exposure that occurred outside the work environment.

12 Recording Criteria Record the injury or illness on the OSHA 300 Log with a check mark in the space for cases involving days away and an entry of the number of calendar days away from work in the number of days column. If the employee is out for an extended period of time, you must enter an estimate of the days that the employee will be away, and update the day count when the actual number of days is known.

13 Recording Criteria Do I count the day on which the injury occurred or the illness began? No, you begin counting days away on the day after the injury occurred or the illness began.

14 Recording Criteria A work-related injury or illness must be recorded if it results in one or more of the following: Death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. Diagnosed by MD whether above occurred or not, or employee does not follow MD advice Weekend days, holidays, vacation days or other days off are included in the total number of days recorded if the employee would not have been able to work on those days

15 Recording Criteria STOP COUNTING AT 180 DAYS! STOP WHEN EMPLOYEE LEAVES COMPANY RECORD ONLY ONCE FOR DAYS THAT OVERLAP TO FOLLOWING YEAR

16 Recording Criteria Restricted work occurs when, as the result of a work-related injury or illness: You keep the employee from performing one or more of the routine functions of his or her job, (i.e. would not be able to climb) or from working the full workday that he or she would otherwise have been scheduled to work; or A physician or other licensed health care professional (PLHCP) recommends the above

17 Recording Criteria What are routine functions? Those work activities the employee regularly performs at least once per week. For permanent transfers or job modifications stop counting, but you must count at least one day

18 Recording Criteria How do I record an injury or illness that involves medical treatment beyond first aid? You must record it on the OSHA 300 Log. If the injury or illness did not involve death, one or more days away from work, one or more days of restricted work, or one or more days of job transfer, you enter a check mark in the box for cases where the employee received medical treatment but remained at work and was not transferred or restricted.

19 Recording Criteria What is the definition of medical treatment? "Medical Treatment" (MT) means the management and care of a patient to combat disease or disorder. For the purposes of Part 1904, medical treatment does not include: Visits to PLHCP s for observation or counseling only Diagnostic procedures, such as x-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes First Aid

20 Recording Criteria First Aid (FA): Using a non-prescription medication at nonprescription strength tetanus immunizations (other immunizations are MT) Flushing skin wounds Wound coverings & elastic bandages Hot & cold packs Immobilization devices used during transport

21 Recording Criteria First Aid (continued): Drilling fingernails Eye patches Removing objects from eye using irrigation or cotton swabs only Simple removal of splinters Using finger guards Drinking fluids for heat stress FA/MT doesn t depend on who administers it

22 Recording criteria for cases involving occupational hearing loss Will be diagnosed by a professional! If an employee s hearing test (audiogram) reveals that the employee has experienced a work-related Standard Threshold Shift (STS) in hearing in one or both ears, and the employee s total hearing level is 25 decibels (db) or more above audiometric zero (averaged at 2000, 3000 and 4000 Hz) in the same ear(s) as the STS, you must record the case on the OSHA 300 log

23 Clarifications of OSHA's Hearing Loss Recordkeeping Regulation In short, under Part 1904, a recordable hearing loss case occurs when an employee experiences an STS (as defined in 29 CFR ), the STS is work-related, and the employee's aggregate hearing loss exceeds 25dB from audio metric zero. Obviously, documentation from professional needed in this cases

24 Filling Out the Incident Report

25 Filling Out the Log

26 Storing Forms If multiple dealerships, can maintain logs centrally. (but must keep separate records for each location) Must be able to provide access within 4 hours Forms must be maintained for 5 years. Do not need to send forms to OSHA unless specifically requested.

27 Employee Involvement You must inform each employee of how he or she is to report an injury or illness to you. You must provide limited access to your injury and illness records for your employees and their representatives.

28 Annual Summary At the end of each calendar year, you must: Review the OSHA 300 Log to verify that the entries are complete and accurate, and correct any deficiencies identified; Create an annual summary of injuries and illnesses recorded on the OSHA 300 Log; Certify the summary; and Post the annual summary from February 1st through April 30. ONLY the Summary is posted!

29 Annual Summary: Privacy Concerns Under some circumstances an employee s name should not be listed on the OSHA 300 form. Those are: Injury or illness to an intimate body part or the reproductive system; An injury or illness resulting from a sexual assault; A mental illness; A case of HIV infection, hepatitis, or tuberculosis; A needlestick injury or cut from a sharp object that is contaminated with blood or other potentially infectious material; and Other illnesses if employee requests name not be entered.

30 Annual Summary How do I certify the annual summary? A company executive must certify that he or she has examined the OSHA 300 Log and that he or she reasonably believes, based on his or her knowledge of the process by which the information was recorded, that the annual summary is correct and complete.

31 Annual Summary Who is considered a company executive? The company executive who certifies the log must be one of the following persons: An owner of the company (only if the company is a sole proprietorship or partnership); An officer of the corporation; The highest ranking company official working at the establishment (manager); or The immediate supervisor of the highest ranking company official working at the establishment.

32 Annual Summary When do I have to post the annual summary? You must post the summary no later than February 1 of the year following the year covered by the records and keep the posting in place through April 30.

33 Reporting fatalities and multiple hospitalization incidents to OSHA Within eight (8) hours after the death of any employee from a work-related incident or the inpatient hospitalization of three or more employees as a result of a work-related incident, you must orally report the fatality/multiple hospitalization by telephone or in person to the Area Office of the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor, that is nearest to the site of the incident.

34 Reporting fatalities and multiple hospitalization incidents to OSHA Cleveland Area Office Essex Place 6393 Oak Tree Blvd., Suite 203 Independence, Ohio (216) (216) FAX You may also use the OSHA toll-free central telephone number, OSHA (6742)

35 Reporting fatalities and multiple hospitalization incidents to OSHA If the Area Office is closed, may I report the incident by leaving a message on OSHA's answering machine, faxing the area office, or sending an ? No, if you can't talk to a person at the Area Office, you must report the fatality or multiple hospitalization incident using the 800 number.

36 Reporting fatalities and multiple hospitalization incidents to OSHA You must give OSHA the following information for each fatality or multiple hospitalization incident: The establishment name; The location of the incident; The time of the incident; The number of fatalities or hospitalized employees; The names of any injured employees; Your contact person and his or her phone number; and A brief description of the incident.

37 Materials Included OSHA Forms 300, 300A, 301 and Instructions OSHA Fact Sheet on Recordkeeping and Reporting Evaluation Form Private Employer Timeline Handout For OSHA tutorial visit:

38 Questions?

39 Contact Information Brian Hitt: (440) Nick Hanna (440)