Today and Tomorrow: KYOSH Injury & Illness Recordkeeping Requirements

Transcription

1 Today and Tomorrow: KYOSH Injury & Illness Recordkeeping Requirements 2015 LOSS PREVENTION SERVICES Janice Homola, ARM Senior Risk Consultant Workers Compensation Services Coverys

2 Objectives 1. Understand the new federal OSHA requirements and updated recordkeeping rule 2. Understand the similarities between reporting requirements under Kentucky Administrative Regulations and the new OSHA rule 3. Learn what types of injuries are OSHA recordable

3 The updated Recordkeeping Rule 29 CFR 1904 Recording and Reporting Occupational Injuries and Illness Purpose To require employers to record and report work-related fatalities, injuries and illnesses. Note It does not mean that the employer or employee was at fault, an OSHA rule has been violated, or that the employee is eligible for benefits.

4 In a nutshell, the Recordkeeping Standard updates Changes some reporting requirements in what is reported directly to KYOSH or federal OSHA Updates exempt and partially exempt industry lists "Walnuss" by Sjoehest at the German language Wikipedia. Licensed under CC BY-SA 3.0 via Wikimedia Commons -

5 OSHA will now receive crucial reports of fatalities and severe workrelated injuries and illnesses that will significantly enhance the agency s ability to target our resources to save lives and prevent further injury and illness. This new data will enable the agency to identify the workplaces where workers are at the greatest risk and target our compliance assistance and enforcement resources accordingly. Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels Source: osha.gov/recordkeeping2014/index.html

6 Bipartisan Budget Act of 2015 Federal Civil Penalties Inflation Adjustment Act Improvements Act of /2/15 Bipartisan budget bill signed by the President By August 1, 2016 OSHA fines will rise Current catch-up: 80% increase expected Other than serious, serious, and serious violations from $7,000 to $12,600 or $17,500 willful or repeat from $70,000 to $126,000 or $175,000 Starting in 2017 Indefinite number of updates on Jan 15, tied to the Consumer Price Index, capped at 150% Sources: Business Insurance, Conn Maciel Carey Nov 2015.

7 Sources Business Insurance osha.gov/pls/oshaweb/owadisp.show_document?p_table=federal_register&p_id=

8 New reporting requirements OSHA standard went into effect on Jan 1, New requirements are effective in KY January 1, 2016 New KY change: all employers must report 1. Loss of an eye Means the physical removal of an eye from the socket Note: Would in all likelihood require in-patient hospitalization, which has been required in Kentucky since Source: Hayes, Chris CIH, KYOSH. Nov 2015.

9 OSHA vs KY All employers, report* directly to KYOSH or OSHA for these employee injury types Injury Type Kentucky OSHA Fatalities Incl. heart attacks Hospitalization of 3 or more employees Hospitalization of 1 or 2 employees Amputation involving bone loss Loss of eye 8 hours 8 hours 8 hours 24 hours 72 hours** 24 hours 72 hours 24 hours 72 hours Starting Jan 1, hours * Reporting time is the time from which an employer/employer s agent/or another employee 1 st becomes aware of the fatality, hospitalization, amputation (or loss of eye starting 1/1/16). ** Hospitalizations of 1 or 2 employees which occur more than 72 hours following the incident and fatalities after 30 days of the incident do not need to be reported, but do need to be put on the log. Hayes, Chris CIH, KYOSH, osha.gov. Nov 2015.

10 Amputation defined KY An injury in which a portion of the body including bone tissue is removed. No definition change in Kentucky! OSHA The traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; amputations of body parts that have since been reattached. Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth. Source: Hayes, Chris CIH, KYOSH. Nov

11 Your words for the day Avulsion the tearing away of a structure or part either accidentally or surgically. Enucleate To remove something, such as a tumor or an eye, whole and without rupture from an enveloping cover or sac. Degloving The surgical exposure of the front part of the mandible while working from within the mouth, as used in plastic surgery. Scalping To cut or tear the scalp from the head. The Free Dictionary.

12 Report directly to whom? Call Kentucky Labor Cabinet, Department of Workplace Standards, Division of Occupational Safety and Health Compliance, at (502) :00am -4:30pm EST OSHA 24-hour hotline OSHA (6742) Online OSHA form osha.gov/recordkeeping Coming soon Section 11(c) of the OSH Act prohibits an employer from discriminating against an employee because the employee reports an injury or illness. 29 CFR

13 The establishments that complete the rest of the requirements will change

14 Employer exemptions to OSHA Recordkeeping 29 CFR 1904 Exempt Employers with ten or fewer employees [in the entire company] at all times during the last calendar year. Partially Exempt Low-hazard establishments keep records only if asked, by mail: BLS Survey of Occupational Injuries and Illnesses OSHA Work-Related Injury & Illness Data Collection 1. Find: your North American Industry Classification System (NAICS) code census.gov/eos/www/naics 2. View: Table 1. New List of Partially Exempt Industries

15 Partially exempt examples NAICS Codes 6214 Outpatient Care Centers Family Planning Centers Kidney Dialysis Centers Freestanding Ambulatory Surgical & Emergency Centers 6215 Medical and Diagnostic Laboratories Medical Laboratories Diagnostic Imaging Centers

16 Who is newly required to keep records? Employers with 11 or more employees at all times during the previous calendar year And are on the new list: Table 2: Industries That Include Establishments Newly Required to Keep Records Examples 6219 Other ambulatory health care services Air ambulance services Blood banks Blood pressure screening facilities

17 Generally, who is an employee? Include Employees on the payroll, unless a temp help agency Employees not on the payroll but supervised on a day-today basis by the employer Any employee of the corporation Exclude Self-employed and partners Unpaid volunteers, sole proprietors, family members on family farms, domestic workers in residential settings

18 What recordkeeping is not: Workers Compensation Example Contract employee supervised directly by your company s manager, sustains a work-related injury Employee injury in parking lot not owned by employer (e.g. office building) WC: Compensable? # Generally no May depend upon contract. Generally yes Recordkeeping: Recordable?* Generally yes Generally no Not a company parking lot. Exception: workrelated travel. # When person is a covered employee under Workers Compensation laws, which are state specific. Source: Kentucky Labor Cabinet, KRS * If the employee experienced a work-related injury or illness, and it meets one or more of the general recording criteria under section Source: OSHA CPL (FAQs)

19 Rule highlights OSHA 29 CFR 1904 Annual summary (300A) posted Feb 1- Apr 30 Access for employees, employee representatives, KYOSHA, and BLS File and update for 5 years: 300, 300A, 301 Do not send copies to KYOSH or OSHA unless asked

20 The required forms Maximum flexibility: employers can keep all the information on computers, at a central location, or on alternative forms, as long as the information is compatible and the data can be produced when needed. May use records that contain the same information Location:

21 OSHA Form 301 Injury and Illness Incident Report Includes more data about how the injury or illness occurred. Record within seven calendar days of receiving the information that an injury or illness has occurred First Report of Injury can be used instead, as long as specific areas are completed to ensure all required information is captured.

22 OSHA Form 300 Log of Work-Related Injuries and Illnesses To list injuries and illnesses Track days away from work, days restricted or days transferred Record within seven calendar days of receiving the information that an injury or illness has occurred

23 How to complete the forms

24 OSHA Form 300A Summary for Work-Related Injuries & Illnesses Shows totals for the year in each category along with employees and hours worked Complete in January Calculate incidence rates Must be posted for the previous calendar year from February 1 to April 30

25 Basic Recording Requirements 29 CFR Injuries or illnesses must be recorded if they are workrelated, are new cases and meet the general recording criteria, or are an application to a specific case.

26 To record or not to record Determine if the injury is work-related. 1. An event or exposure in the work environment either caused or contributed to the resulting condition 2. An event or exposure in the work environment significantly aggravated a pre-existing injury or illness Note: work-relatedness is presumed for injuries and illnesses occurring in the work environment, unless it is listed in the exception section.

27 General Recording Criteria 29 CFR a) death; b) days from work; c) restricted work or transfer to another job; d) medical treatment beyond first aid; e) loss of consciousness regardless of the length of time the employee remains unconscious; or f) if a significant injury or illness is diagnosed by a physician/licensed health care professional (LHCP).

28 First Aid - not recordable Exceptions- not recordable See the complete listing of all work-related injuries requiring first aid. See chart for exceptions

29 Medical Treatment- recordable All treatment that does not fall into first aid. Using prescription medications or use of a nonprescription drug at prescription strength. Using wound-closing devices such as surgical glue, sutures, staples, etc. Using any devices with rigid stays or other systems designed to immobilize parts of the body. Note: medical treatment does not include any of the following: 1) visits to a physician or other licensed health care professional solely for observation or counseling, or 2) diagnostic procedures such as X-rays and blood tests, incl. the admin. of prescription meds used solely for diagnostic purposes, such as eye drops to dilate pupils.

30 Privacy cases Prohibits employers from entering an individual s name on the 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 Restrict employee representatives access to only 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

31 Kinesiology tape OSHA reverses Interpretation Dec 16, Use of kinesiology tape is considered medical treatment and is recordable when used to treat a work-related injury. osha.gov/pls/oshaweb/owadisp.show_document?p_table= INTERPRETATIONS&p_id=29291 July 6, Re-evaluation: not medical treatment Kinesiology tape is first aid treatment, and thus the use of such tape alone would not be considered medical treatment. osha.gov/pls/oshaweb/owadisp.show_document?p_table=interpretations& p_id=29516

32 Does the employer have to record a work-related injury and illness, if: An employee experiences minor musculoskeletal discomfort, The health care professional determines that the employee is fully able to perform all of his or her routine job functions, But the employer assigns a work restriction?

33 For more information Chris Hayes, CIH, Sr. IH Consultant KY Labor Cabinet Division of Education and Training, Health Branch KYOSH online courses

34 For more information OSHA Injury and Illness Recordkeeping and Reporting Requirements FAQs Search Q&A: type in recordkeeping All year: Complete Incident Report forms and record as needed in the OSHA 300 log January: Complete the OSHA 300 log and fill out 300A Summary February 1 - April 30: Post the 300A Summary

35 What do you do in January? 1. Review 300 Log, total ALL columns 2. Complete the Summary 3. Have the Summary signed by a co. exec. 4. Post the Summary from Feb 1st Apr 30th 5. Keep the 300 Log,Summary, & Incident Report Forms for 5 years after year completed 6. Update only the 300 Log during the 5-yr. storage period with both newly discovered or changes to previously recorded injuries/illnesses 35

36 Questions? COPYRIGHTED

37 This presentation is a work product of Coverys Workers Compensation Services. This information is intended to provide general guidelines for educational purposes. It is not intended and should not be construed as legal or medical advice. The viewpoints expressed in this presentation are those of the speaker and are not necessarily views endorsed by Coverys.