OSHA INJURY AND ILLNESS RECORDKEEPING. Dave Stolp National Safety Council, Nebraska

Transcription

1 OSHA INJURY AND ILLNESS RECORDKEEPING Dave Stolp National Safety Council, Nebraska

2 Let s talk OSHA recordkeeping...

3 WARNING: DO NOT MIX OSHA RECORDABILITY AND WORKERS COMPENSATION Workers Compensation determinations do NOT impact OSHA recordability. Some cases may be OSHA recordable and compensable. Some cases may be compensable, but not OSHA recordable. Some cases may be OSHA recordable, but not compensable.

4 Recording Criteria Covered employers must record each fatality, injury or illness that: Is work-related, and Is a new case, and Meets one or more of the criteria contained in sections through

5 OSHA INJURY AND ILLNESS RECORDKEEPING 5 STEP PROCESS

6 Did the employee experience an injury or illness? YES Is the injury or illness work-related? YES Is the injury or illness a new case? YES Does the injury or illness meet the general criteria or the application to specific cases? YES Record the Injury or illness.

7 Step 1: Did the employee experience an injury or illness? Definition 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.

8 Step 2: Is the injury or illness work-related? Determination of work-relatedness You must consider an injury or illness to be work-related if an identifiable event or exposure (i.e., discernable cause) in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures in the work environment unless an exception specifically applies.

9 Work Environment The work environment is defined as the establishment and other locations where one or more employees are working or present as a condition of employment The work environment includes not only physical locations, but also the equipment or materials used by employees during the course of their work

10 The following situations are not work-related: 1. There is no discernable cause. Injury/illness did not result from event/exposure at work 2. At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee. 3. The injury or illness involves signs or symptoms that surface at work but result solely from a non-work related event or exposure that occurs outside the work environment. 4. The injury or illness results solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity such as blood donation, physical examination, flu shot, exercise class, racquetball, or baseball. 5. The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption (whether bought on the employer s premises or brought in). For example, if the employee is injured by choking on a sandwich while in the employer s establishment, the case would not be considered work-related. Note: If the employee is made ill by ingesting food contaminated by workplace contaminants (such as lead), or gets food poisoning from food supplied by the employer, the case would be considered work-related.

11 The following situations also are not work-related: 6. The injury or illness is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee s assigned working hours. 7. The injury or illness is solely the result of personal grooming, self medication for a non-work-related condition, or is intentionally self-inflicted. 8. The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work. 9. The illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are considered work-related if the employee is infected at work). 10. The illness is a mental illness. Mental illness will not be considered work-related unless the employee voluntarily provides the employer with an opinion from a physician or other licensed health care professional with appropriate training and experience (psychiatrist, psychologist, psychiatric nurse practitioner, etc.) stating that the employee has a mental illness that is work-related.

12 Work Relationship Pre-Existing Conditions A Pre-existing condition - an injury or illness that resulted solely from a non work- related event or exposure that occurred outside of the work environment A pre-existing injury or illness is significantly aggravated when the following cases would not have occurred but for an event or exposure in the work environment: Death Loss of Consciousness Days Away, Days Restricted or Job Transfer Medical Treatment

13 Step 3: Is the injury or illness a new case? Determination of a new case Consider an injury or illness a new case if the employee has not previously experienced a recorded injury or illness of the same type that affects the same part of the body, OR the employee previously experienced a recorded injury or illness of the same type that affected the same part of body but had recovered completely (all signs and symptoms had disappeared) from the previous injury or illness and an event or exposure in the work environment caused the signs or symptoms to reappear.

14 Step 4: Does the injury or illness meet the general criteria or the application to specific cases? General Recording Criteria You must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. You must also consider a case to meet the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.

15 DAY COUNTS Count the number of calendar days the employee was away from work or restricted/transferred (include weekend days, holidays, vacation days, etc.) May cap day count at 180 days away from work and/or days of restricted/job transfer May stop day count if employee leaves company for a reason unrelated to the injury or illness. Must estimate day count when employee leaves company due to reasons related to the injury and illness

16 Restricted Work Activity Restriction/transfer limited to day of injury/illness onset not recordable-includes employee being sent home during shift. Production of fewer goods or services not considered RWA Vague restrictions from physician or PLHCP (e.g., light duty or take it easy for a week ) are to be recorded as RWA if no further information is obtain. A case is not recordable if the employee experiences minor musculoskeletal discomfort, a health care professional determines that the employee is fully able to perform all of his or her routine job functions, and the employer assigns a work restriction to that employee for the purpose of preventing a more serious condition from developing. Once a case becomes recordable under section general recording criteria, the discomfort is no longer minor.

17 Job Transfer Injured or ill employee assigned to job other than regular job for part of the day Do not include day of injury/illness onset record job transfer day (s) in RWA column Stop count when transfer permanent-- BUT MUST COUNT AT LEAST ONE DAY

18 Medical Treatment VS First Aid Medical treatment DOES NOT include: 1. Visits to a physician or other licensed health care professional solely for observation or counseling only 2. Diagnostic procedures such as x-rays and blood tests, including administration of prescription medications used solely for diagnostic purposes (e.g., eye drops to dilate pupils) 3. First Aid

19 Medical Treatment VS First Aid cont d. First Aid list in regulation is comprehensive. Any other procedure is medical treatment. - Using temporary immobilization devices while transporting an accident victim is First Aid - Drilling a nail is First Aid - Using eye patches is First Aid - Removing foreign bodies from the eye using only irrigation or a cotton swab is First Aid - Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means is First Aid - Using finger guards is First Aid - Using massages is First Aid - Drinking fluids for relief of heat stress is First Aid

20 Medical Treatment VS First Aid cont d. - Using any non-rigid means of support, as elastic bandages, wraps, back belts, etc. is First Aid - 1 dose prescription med is Medical Treatment - Over the Counter non-prescription med at non-prescription strength is First Aid OTC med at prescription strength is Medical Treatment Ibuprofen (such as Advil ) - Greater than 467 mg Diphenhydramine (such as Benadryl ) Greater than 50 mg Naproxen Sodium (such as Aleve ) Greater than 220 mg Ketoprofen (such as Orudus KT ) Greater than 25 mg - Administering tetanus immunizations is First Aid - Cleaning, flushing or soaking wounds on the surface of the skin is First Aid - Using wound coverings such as Band-Aids; Butterfly bandage/steri-strip (the only kind of wound closures) are First Aid - Any number of hot-cold treatments is First Aid

21 Significant diagnosed Injury or Illness that is automatically recordable if work related: 1. Fracture 2. Punctured ear drum 3. Cancer 4. Chronic irreversible disease (e.g., silicosis)

22 Did the employee experience an injury or illness? YES Is the injury or illness work-related? YES Is the injury or illness a new case? YES Does the injury or illness meet the general criteria or the application to specific cases? YES Record the Injury or illness.

23 Bloodborne Pathogens Record all work-related needlesticks and cuts from sharp objects that are contaminated with another person s blood or other potentially infectious material (includes human bodily fluids, tissues and organs; other materials infected with HIV or HBV such as laboratory cultures) Record splashes or other exposures to blood or other potentially infectious material if it results in diagnosis of a bloodborne disease or meets the general recording criteria

24 Relationship to Bloodborne Pathogen Standard Employers may elect to use the OSHA 300 and 301 forms to meet the sharps injury log requirements, provided two conditions are met: 1 The employer must enter the type and brand of the device on either the 300 or 301 form. 2 The employer must maintain the records in a way that segregates sharps injuries from other types of work-related injuries and illnesses, or allows sharps injuries to be easily separated.

25 Medical Removal If an employee is medically removed under the medical surveillance requirements of an OSHA standard, you must record the case The case is recorded as either one involving days away from work or days of restricted work activity If the case involves voluntary removal below the removal levels required by the standard, the case need not be recorded

26 Conditions For Hearing Loss Recordability OSHA s recordkeeping rule requires the employer to record all workrelated hearing loss cases that meet BOTH of the following conditions on the same audiometric test for either ear: 1. The employee has experienced a Standard Threshold Shift (STS) 10dB or greater from the most current baseline. 2. The employee s total hearing level is 25 db or more above audiometric zero (averaged at 2000, 3000, & 4000 Hz) in the same ear(s) as the STS.

27 Use this decision tree to determine whether the results of a audiometric exam given on or after January 1, 2003 reveal a recordable STS. No Has the employee suffered a STS (an average 10dB or more loss relative to the most current baseline audiogram averaged at 2000, 3000 and 4000 Hz) in one or both ears according to the provisions of the OSHA noise standard ( )? * No No Yes Is the employee s overall hearing level at 25dB or more above audiometric zero averaged at 2000, 3000 and 4000 Hz in the affected ear(s)? Yes Is the hearing loss work-related? Do not record Yes Record on the OSHA 300 Log,and check the column All other Illnesses ** Note: In all cases, use the most current baseline to determine recordability as you would to calculate a STS under the hearing conservation provisions of the noise standard ( ). If an STS occurs in only one ear, you may only revise the baseline audiogram for that ear. * The audiogram may be adjusted for presbycusis (aging) as set out in *. A separate hearing loss column on the OSHA 300 Log beginning in Calendar year 2004.

28 Tuberculosis Record a case where an employee is exposed at work to someone with a known case of active tuberculosis, and subsequently develops a TB infection A case is not recordable when: The worker is living in a household with a person who is diagnosed with active TB The Public Health Department has identified the worker as a contact of an individual with active TB A medical investigation shows the employee s infection was caused by exposure away from work

29 Musculoskeletal Disorders Record all work-related MSD cases that meet any of the general recording criteria. Depending upon the nature of the event or exposure that causes the case you should record these cases as an injury or an all other illness

30 Forms 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

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33 Forms Employers must enter each recordable case on the forms within 7 calendar days of receiving information that a recordable case occurred An equivalent form has the same information, is as readable and understandable, and uses the same instructions as the OSHA form it replaces Forms can be kept on a computer as long as they can be produced when they are needed (i.e., meet the access provisions of and )

34 Privacy Protection Do not enter the name of an employee on the OSHA Form 300 for privacy concern cases Enter privacy case in the name column Keep a separate confidential list of the case numbers and employee names

35 Privacy Protection Privacy concern cases are: An injury or illness to an intimate body part or reproductive system An injury or illness resulting from sexual assault Mental illness HIV infection, hepatitis, tuberculosis Needlestick and sharps injuries that are contaminated with another person s blood or other potentially infectious material Employee voluntarily requests to keep name off for other illness cases

36 Privacy Protection Employer may use discretion in describing the case if employee can be identified If you give the forms to people not authorized by the rule, you must remove the names first Exceptions for: Auditor/consultant, Workers compensation or other insurance Public health authority or law enforcement agency

37 Annual Summary Federal establishments certification The senior establishment management official The head of the Agency for which the senior establishment management official works, or Any management official who is in the direct chain of command between the senior establishment management official and the head of the agency head Must post for 3-month period from February 1 to April 30 of the year following the year covered by the summary

38 Annual Summary Review OSHA Form 300 for completeness and accuracy, correct deficiencies Complete OSHA Form 300A Certify summary Post summary

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40 Retention and Updating Retain forms for 5 years following the year that they cover Update the OSHA Form 300 during that period Need not update the OSHA Form 300A or OSHA Form 301

41 Employee Involvement Must provide limited access to injury and illness records to employees, former employees and their personal and authorized representatives Provide copy of OSHA Form 300 by end of next business day Provide copy of OSHA Form 301 to employee, former employee or personal representative by end of next business day Provide copies of OSHA Form 301 to authorized representative within 7 calendar days. Provide only Information about the case section of form

42 Fatality/Catastrophe Reporting Report orally within 8 hours any workrelated fatality or incident involving 3 or more in-patient hospitalizations Do not need to report highway or public street motor vehicle accidents (outside of a construction work zone) Do not need to report commercial airplane, train, subway or bus accidents

43 For More Help OSHA s Recordkeeping Pagewww.osha.gov/recordkeeping/index.html OSHA Regional Recordkeeping Coordinators

44 QUESTIONS