This webinar will assist DoD sites in complying with the OSHA Federal Agency recordkeeping requirement to record and report injury and illnesses as

Transcription

1 This webinar will assist DoD sites in complying with the OSHA Federal Agency recordkeeping requirement to record and report injury and illnesses as required by OSHA rules under 29 CFR 1960 and

2 Read objectives from slide. General information about recordkeeping: Under 29 CFR 1904 Federal Recordkeeping Guidelines (hereafter referred to as the rule), employers are required to collect injury and illness data and report it to the government for certain types of accidents such as fatalities, loss of an eye and amputations. These records provide the base data for the Bureau of Labor Statistics (BLS) survey of occupational injuries and illnesses, the Nation s primary source of occupational injury and illness statistics. OSHA also uses the data to help develop programs, direct inspections efforts, and to measure their performance. Accurate recording of workplace injuries and illness is a requirement for application to OSHA s Voluntary Protection Programs. This training will address the requirements for the Occupational Health Care Program and Recordkeeping detailed in under the Hazard Control and Prevention element. 2

3 Accurate rate information informs an employer where their employees are being injured and made ill from workplace conditions. This then should allow the employer to design safety programs to effectively minimize these injuries and illnesses. Additionally, since 2005 when OSHA changed Part 1960 Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters it has been required by this regulation that all federal agency must complete the same injury and illness logs and forms as the private sector has for many years. To not complete the required forms with accurate information could result in OSHA issuing citations to the site if inspected. BLS will use the injury and illness data to calculate injury rates for federal agencies one enough data has been collected for BLS to develop this data. OSHA will then use this data to target schedules inspections of Federal agencies with high injury and illness rates vs. the current practice of using OWCP data which is sometimes as much as 2-3 years old and can be inaccurate due to collection based on areas or zip code vs. specific establishments. 3

4 Finally, this data supplied by Federal agencies is combined into a report by OSHA and this data is provided to the POTUS by the Secretary of Labor annually. 3

5 In 2004, OSHA amended the recordkeeping section of Part 1960 Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters. That change required all Federal agencies to adopt and follow the same OSHA recordkeeping rule as the private sector had been following since OSHA began requiring employers to keep employee injury and illness records in Since that time OSHA has amended Part 1960 recordkeeping again in August However, Federal agencies do not follow sections A and B of Part 1904 which are the exemptions for establishments with less than 10 employees and the list of employers in certain NAICS coded that are exempt. So all Federal agencies must follow Part 1904 regardless of size or type of operation. The only exemption that applies to DoD establishments are those organizations that are 100 percent uniformed military personnel with no civilian employees working in or at the establishment as uniformed military personnel are exempt from OSHA recordkeeping rules. 4

6 These changes all went into effect in January 1, The change now requires that any volunteers, if an agency uses volunteers such as the Army Corps of Engineers parks do, must be included on the log using a V code in column C. Additionally, be sure to include all volunteers work hours on the OSHA 300A Summary at the end of the year. All job descriptions must also include the four digit OPM job number for the employee in column C, including equivalent OPM number if the injured employee is an unpaid volunteer. Required a NAICS for all federal agencies be based on what the establishment does, such as the product or service they provide similar to the private sector, NAICS should not be solely based on ownership of the site by the government. So the use of the National Security NAICS for the armed forces should not be selected except possibly for primarily warfighter units and even then should look at what is the service that the civilian personnel in that warfighter unit provide since the NAICS should represent the civilian side of the house under the new 29 CFR 1960 recordkeeping rules. 5

7 There are two other changed that do not directly affect how the local OSHA Recordkeeper fills out the log. These two changes will both be accomplished at a higher headquarters level, they are: Provide updated establishment lists to BLS/OSHA Will be accomplished by OSD & Safety Centers Report OSHA 300/300A/301 data to BLS by May 1, 2015 Will be accomplished by OSD & Safety Centers Once this new injury illness reporting requirement is active and working properly OSHA will likely switch from using OWCP Workers Compensation data to target federal agency inspections to the more accurate injury and illness data supplies by all federal 5

8 There is a difference between the terms reportable and recordable in OSHA recordkeeping. OSHA requires all employers, including DoD, to report serious injuries to OSHA within a specified timeframe. Additionally, within the DoD, individual injuries and illnesses need to be reported up the chain of command. Also, uniformed military members are required to report any injury or illness they experience both on and off duty. Civilians are required to report any injury or illness they experience at work, including near-misses, or close calls, incidents involving first aid treatment, such as using bandages to cover a cut, and any other injury or illness that they experienced. Once these injuries and illnesses are reported, the circumstances surrounding the injury or illness must be investigated and reviewed to determine if the case is recordable according to OSHA recordkeeping regulations. OSHA recordable cases are those experienced by the civilian workforce, are work-related, and involve death, days away from work, restricted work, transfer to another job, receive medical treatment beyond first aid, contaminated needle sticks or sharps injuries, hearing loss, tuberculosis, loss of consciousness, and significant injury and illness. Specifically, significant injuries and illnesses for OSHA purposes are work-related cases diagnosed by a physician and involve cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum, these must always be recorded. The OSHA recordkeeping regulations provide definition for each recordable case listed on the OSHA link provided. 6

9 OSHA recently changed Part and added two new categories and strengthens one type of reporting for serious accidents and also added new timeframe. Work-related fatalities did not change, any fatality must still be reported within 8 hours to OSHA. However, now all work-related hospitalizations must be reported within 24 hours, the old requirement was 3 or more employees hospitalized. The two new types of serious accidents that require reporting are amputations and the loss of an eye. These must also be reported within 24 hours to OSHA. There are currently two ways to report serious accidents to OSHA with a third on the way. 1. Call the 24 hours toll free hot line at OSHA that s Contact the local OSHA office that has jurisdiction over your facility during normal working hours. Suggest that if there is no answer at the local office 7

10 you call the 800 number to report the accident. The 800 operator will then contact the local office and the local office will conduct the investigation. 3. The electronic reporting tool on OSHA s web site is not yet active. 7

11 Reading the Part 1904 rule and the forms alone to gain recordkeeping answers may not be enough to understand and correctly record workplace injuries and illnesses. To gain a thorough understanding it may be necessary to read the preamble to the final recordkeeping rule which is available on OSHA s web site. The preamble gives additional explanation and amplification as to why OSHA wrote a specific part of the rule. It may also give examples that are helpful to understand the rule. Another document that is helpful is OSHA s Compliance Directives, specifically CPL Recordkeeping Policies and Procedures Manual which outlines how a compliance Officer inspects and issues citation for the Part 1904 rule. For example, recordkeeping letter of interpretation date 4/3/2007 Damage to artificial or mechanical devices, such as dentures, eye glasses, canes, or prosthetic arms or legs, would not be considered an injury or illness under Part

12 This is the version of the decision tree or flowchart located in the OSHA recordkeeping handbook and There are a total of five steps in the recordkeeping process, we will discuss steps 1 and 2 and common errors in step 5 today in this webinar. The first step asks did the employee experience an injury or illness? OSHA defined in and injury or illness as An injury or illness is an abnormal condition or disorder. Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation. Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease, respiratory disorder, or poisoning. It s important to point out that if the answer to any question is a NO except the new case block, that ends the need to proceed to the next step and the incident is not recorded on the OSHA 300 log. However, that does not mean that it should not be documented for trending or other reasons to improve the S&HMS such as tracking first aid cases and near missed and in fact most of the services internal instructions require keeping reports of these non-osha recordable incidents or mishaps. The second step requires that the incident be work related in order to be recorded 9

13 and OSHA has a very inclusive definition of work-relatedness in (a). Next, an injury or illness must be considered work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravates a pre-existing injury or illness. The key to remember is, was there an event or exposure? It does not need to be an accident, just an event such as a trip on a smooth floor with no discernable hazard on the floor. So the trip IS the event. Next, work-relatedness is presumed for injuries and illnesses resulting from events or exposures in the work environment unless an exception specifically applies (b)(1) is OSHA s definition of the work environment. It is, "the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work. Don t overlook the nine specific exemptions in (b)(2) that if they apply to the incident will allow the case NOT be recorded. However use caution, the incident must meet ALL of the exemption s conditions to be applied. For this Webinar we will assume that the answers to the third and forth questions in the decision tree are YES it is a new case and it meets one of the general recording criteria listed in and therefore the incident is recordable. 9

14 There are three OSHA forms. OSHA allows an employers to keep their records on equivalent forms, on a computer, and at a central location provided that they can input information into the system within 7 calendar days after an injury or illness occurs, and the records can produce at the establishment. When requested by a representative of the US Secretary of Labor, such as an OSHA Compliance Officer conducting an inspection the records requested must be made available within four (4) hours of the request at the establishment being inspected. So the main point to remember if records are not kept at each establishment, can they be provided within the 4 hour window to a compliance officer if inspected. How would they be provided, drive them their, FAX them, send a copy by , etc. This included all three forms, don t forget the OSHA 301 or its equivalent incident/accident report must be available as well at the establishment if requested. 10

15 The paper version of the OSHA 300 log of work-related injuries and illnesses looks like this. It s also available as a fillable Adobe Acrobat version and an MS Excel version from OSHA web site and can also be maintained using a computer program which is how many DOD organization keep their OSHA 300. If the record is kept by computer the printout must contain equivalent information as the OSHA 300 and be as readable. On the next slide we ll show the common error the SMCX finds on the OSHA 300 log. 11

16 The highlighted areas are where the common error are primarily found by SMCX personnel reviewing the OSHA logs of DoD sites. The next slide lists those common errors on the OSHA 300 log., 12

17 These are the most common errors we see on the OSHA 300 log. Presenter: Discuss each error briefly. 13

18 The next form that the recordkeeper commonly completes is the OSHA 300A annual summary form. The annual summary requirements lay out a process for completing the end-ofyear processing. The employer must first review the records and correct them if necessary, then complete the form, certify the form, and post it for 3 months. The form includes data on average employment levels and hours worked to make it easier to calculate incidence rates. The employer may estimate these figures using the optional worksheet provided in the forms package. The rule requires certification by a company executive to help improve management involvement in the records. 14

19 The highlighted areas are where we see most of the common errors on the OSHA 300A. We ll discuss these common errors in the next slide. 15

20 These are the most common errors we see on the OSHA 300A Annual Summary form. Presenter: Read and discuss each listed error. 16

21 For Federal Agencies the definition of company executive is spelled out in 29 CFR (a) The senior establishment management official, (b) The head of the Agency for which the senior establishment management official works, or (c) Any management official who is in the direct chain of command between the senior establishment management official and the head of the Agency. The records must be posted for 3 months February 1 st through April 30th. 17

22 So let s try a couple of examples to see how the first 2 steps in the recordkeeping decision tree works on an actual cased from real DoD recordkeeping forms. No names please if you recognize these incidents. Read scenario A aloud. So for Scenario A do we Stop Here or Go On To the Next Step? 18

23 So let s try a couple of examples to see how the first 2 steps in the recordkeeping decision tree works on an actual cased from real DoD recordkeeping forms. No names please if you recognize these incidents. Read scenario A aloud. So for Scenario A do we Stop Here or Go On To the Next Step? 19

24 So let s try a couple of examples to see how the first 2 steps in the recordkeeping decision tree works on an actual cased from real DoD recordkeeping forms. No names please if you recognize these incidents. Read scenario A aloud. So for Scenario A do we Stop Here or Go On To the Next Step? 20

25 So let s try a couple of examples to see how the first 2 steps in the recordkeeping decision tree works on an actual cased from real DoD recordkeeping forms. No names please if you recognize these incidents. Read scenario A aloud. So for Scenario A do we Stop Here or Go On To the Next Step? 21

26 Don t let Works Compensation claims decisions sway your decisions on OSHA recordability to either over or under record workplace cases. Follow the OSHA recordkeeping rules and guidelines, let your HRO or the Office of Workers Compensation Programs make workers comp decisions. 22

27 Contact the recordkeeping coordinator at the OSHA Regional office that is in your area by telephone if you have a specific question on recordkeeping. These designated OSHA personnel have extensive recordkeeping knowledge and experience. 23

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