OSHA’s Updated Recordkeeping Standard

Jack Fearing, CPEA

OSHA’s UpdatedRecordkeeping Standard:What to Report & Record in 2019….

FEARING INTERNATIONAL GROUP LLCOccupational & Aviation Safety Experts

*Effective January 1, 20152

+1.908-303.8359 | FLEMINGTON, NJ

• Purpose and Scope*

• Forms and Records

• The Recording Criteria

• Employee Access & Involvement

• Record Retention & Updating

• 2019 Electronic Submission Requirements

• “Bulletproofing” your records

• Summary / Q&A

Presentation Outline


3 +1.908-303.8359 | FLEMINGTON, NJ

DisclaimerDue to the constantly changing nature of governmentregulations, it is impossible to guarantee the total andabsolute accuracy of the material contained herein orpresented. Fearing International Group LLC™ (FIG) cannotand does not assume any responsibility for omissions, errorsor ambiguity contained and will not be held liable in anydegree for any loss, damage or injury caused by any suchomission, error or ambiguity present. It is made available withthe understanding that FIG is not engaged in rendering legal,accounting or professional service in this presentation. If legaladvice is required, the services of such a professional shouldbe sought.


To require employers to record

and report work-related

fatalities, injuries and illnesses:

•All Employees on payroll

•Employees not on payroll but

who are supervised on a day-

to-day basis

Purpose & Scope

4

Note: Recording or reporting a work-related injury, illness, or fatality does not mean the employer or employee was at fault, an OSHA rule has been violated, or that the employee is eligible for Workers’ Compensation or other benefits.

+1.908-303.8359 | FLEMINGTON, NJ


5 +1.908-303.8359 | FLEMINGTON, NJ

Contractors & Temporary Workers• Contractor supervises employee on a

day-to-day basis:

• Contractor records

• You supervise contractor on a day-to-

day basis:

• You record on your Form 300

One or the other, never both!

1904.5 – Work Environment


• All industries in construction, manufacturing, transportation,

maritime, agriculture, utilities and wholesale trade sectors

are still required to complete all three required forms

• The revised rule updates the industries that are exempt

from the requirements due to relatively low I&I rates (State

Plans may differ)

*Effective January 1, 2015

Industry Exemptions*

6 +1.908-303.8359 | FLEMINGTON, NJ


Partially Exempt*

*Effective January 1, 2015**North American Industry Classification System

NAICS** Title of NAICS Code

4431 Electronics and Appliance Stores

4481 Clothing Stores

5412 Accounting & Tax Preparation Services

5417 Scientific Research & Development Services

6214 Outpatient Care Centers

6215 Medical & Diagnostic Laboratories

7213 Rooming and Boarding Houses

Table 1: New List of Partially Exempt Industries

7a


No Longer Exempt*

*Effective January 1, 2015**North American Industry Classification System

NAICS** Title of NAICS Code

4411 Automotive Dealers

4453 Beer, Wine & Liquor Stores

5311 Lessors of Real Estate

5324 Commercial & Industrial Machinery Rental

6219 Other Ambulatory Healthcare Services

7121 Museums, Historical Sites & Similar Institutions

7139 Other Amusement & Recreation Industries

Table 2: Industries Newly Required to Keep Records

7b


8 +1.908-303.8359 | FLEMINGTON, NJ

• 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

Recordkeeping Forms1904.29 - Forms


9 +1.908-303.8359 | FLEMINGTON, NJ

Covered employers must record each fatality, injury or illness

that:

• Is work-related, and/or

• Is a new case, and/or

• Meets one or more of the criteria contained in

1904Note: Employers must enter each recordable case on the form within 7

calendar days of receiving information that a recordable case occurred

The Recording Criteria1904.7 – General Criteria


10 +1.908-303.8359 | FLEMINGTON, NJ

The Recording Criteria

1904.7 – General Criteria


Medical treatment is the management and care of a patient to combat

an injury, disease or disorder

•It does not include:

• Visits to a PLHCP* solely for observation or counseling

• Diagnostic procedures

• First aid

*Physician or Licensed Health Care Professional

Medical Treatment

+1.908-303.8359 | FLEMINGTON, NJ11



+1.908-303.8359 | FLEMINGTON, NJ

• Using nonprescription medication at nonprescription

strength

• Tetanus immunizations

• Cleaning, flushing, or soaking surface wounds

• Wound coverings, butterfly bandages, Steri-Strips

• Hot or cold therapy

• Non-rigid means of support

• Temporary immobilization device used to transport

accident victims

• Many others

First Aid

12

1904.7 (b) (5)



13+1.908-303.8359 | FLEMINGTON, NJ



14 +1.908-303.8359 | FLEMINGTON, NJ

• 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.

Work Environment1904.5


The following work-related conditions must always be

recorded at the time of diagnosis by a PLHCP:

• Cancer

• Chronic irreversible disease

• Punctured eardrum

• Fractured or cracked bone or tooth

Significant Diagnosed Injury/Illness

15+1.908-303.8359 | FLEMINGTON, NJ



Injuries and illnesses that occur while an employee is working at

home are work-related if they:

• Occur while the employee is performing work for pay or

compensation in the home

• Are directly related to the performance of work rather than the

general home environment

Work at Home

16



• An injury or illness that occurs while

an employee is on travel status is

work-related if it occurred while the

employee was engaged in work

activities in the interest of the

employer

• Home away from home

Travel Status

17

Note: Detours for personal reasons are not work-related.

+1.908-303.8359 | FLEMINGTON, NJ

1904.5


• Present as a member of the general public

• Symptoms arising in work environment that are

solely due to non-work-related event or exposure

• Voluntary participation in wellness program,

medical, fitness or recreational activity

• Eating, drinking or preparing food or drink for

personal consumption

• Motor vehicle accident in parking lot/access road

during commute

Recording Exceptions:

18 +1.908-303.8359 | FLEMINGTON, NJ

1904.5 – Work-Relatedness


19 +1.908-303.8359 | FLEMINGTON, NJ




20+1.908-303.8359 | FLEMINGTON, NJ

• If there is a medical opinion regarding

resolution of a case, the employer must

follow that opinion

• If an exposure triggers the recurrence, it

is a new case (e.g., asthma, rashes)

• If signs and symptoms recur even in the

absence of exposure, it is not a new

case (e.g., silicosis, tuberculosis,

asbestosis)

New Cases1904.7 – General Criteria


21 1.908-303.8359 | FLEMINGTON, NJ

A pre-existing injury or illness is significantly aggravated when

an event or exposure in the work environment results in any of

the following (which otherwise would not have occurred):

• Death

• Loss of consciousness

• Days away, days restricted or job transfer

• Medical treatment

Significant Aggravation



22+1.908-303.8359 | FLEMINGTON, NJ




23+1.908-303.8359 | FLEMINGTON, NJ

• Loss of Consciousness

• Medical Removal

• Job Transfer

• Bloodborne Pathogens

• Tuberculosis

• Hearing Loss

Additional Criteria



+1.908-303.8359 | FLEMINGTON, NJ

You must record all work-related hearing loss cases where:

• Employee has experienced a Standard Threshold Shift

(STS), and

• Employee’s hearing level is 25 decibels (dB) or more

above audiometric zero [averaged at 2000, 3000, and

4000 hertz (Hz)] in the same ears as the STS

Note: An STS is defined in OSHA’s noise standard at 29 CFR 1910.95(g)(10)(i) as a change in hearing threshold, relative to the baseline audiogram, of an average of 10 dB or more at 2000, 3000, and 4000 Hz in one or both ears

Hearing Loss1904.7 – General Criteria


+1.908-303.8359 | FLEMINGTON, NJ

Filling Out the “Log”

(A) (B) (C)Case No.EE NameJob Title

(D) (E) (F)Date of Event

LocationDescription

(G) (H) (I) (J)ChooseONLY

one

(K) (L)Enter

Calendar DaysRecommend

By the PLHCP. Note: A combination of either or both caps at 180 days.

(M) (1-6)ChooseONLY

one

1904.29 - Forms


+1.908-303.8359 | FLEMINGTON, NJ

Recording a Fatality1904.29 - Forms


+1.908-303.8359 | FLEMINGTON, NJ

Days Away from Work Case1904.29 - Forms


+1.908-303.8359 | FLEMINGTON, NJ

Restricted Activity Case 1904.29 - Forms


+1.908-303.8359 | FLEMINGTON, NJ

Medical Treatment Case 1904.29 - Forms


30 +1.908-303.8359 | FLEMINGTON, NJ

OSHA Form 301 1904.29 - Forms


+1.908-303.8359 | FLEMINGTON, NJ

OSHA Form 300 1904.29 - Forms


+1.908-303.8359 | FLEMINGTON, NJ

From 300 (Cont..)1904.29 - Forms


• Completed & certified by an authorized member of

management

• Posted no later than February 1st

• Kept in place until April 30th

Certifying & Posting the Annual Summary

+1.908-303.8359 | FLEMINGTON, NJ

1904.29 - Forms


+1.908.303.8359|FLEMINGTON, NJ

• An equivalent form may be used if it

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 1904)

Use of Technology1904.29 - Forms


35 +1.908-303.8359 | FLEMINGTON, NJ

Severe Injury/Illness Reporting• Employers must report:

• All work-related fatalities:Within 8 hours

• All work-related in-patient hospitalization:Within 24 hours

• Amputations• Losses of an eye• Report will be made public and OSHA may inspect

Note: Failure to report can bring fines up to $12, 675. per instance.

1904.39


Electronic Submission Requirements

+1.908-303.8359 | FLEMINGTON, NJ

SubmissionYear

Establishmentswith 250 or more

employees

Establishmentswith 20-249 employees

SubmissionDeadline

2017 Form 300A Form 300A July 1, 2017

2018 Forms 300, 300A & 301

Form 300A July 1, 2018

2019 300AAnnual Summary

Form 300A March 2, 2019

Note: State plans must adopt identical rules.

1904.41 –Electronic Submission


+1.908-303.8359 | FLEMINGTON, NJ

OSHA Injury & Illness Metrics• TCIR = Total Case Incidence Rate:

(N / EH) x 200,000 = TCIRN = Columns G-J on OSHA 300 Log

• DART = Days Away From Work, Restricted Work Activity, and/or Job Transfer:

(N* / EH) x 200,000 = DARTN* = Columns H&I on OSHA 300 Log

N = The total number of recordable cases (injuries & illnesses)N* = The total number of lost, restricted and job transfer daysEH = The total number of exposure hours (hours worked)200,000 = 100 employees working 40 hours per week for 50 weeks (OSHA standard for all industries)


Note: According to OSHA the recordkeeping rule supersedes HIPPA regulations

• Employees, former employees

and/or their personal or

authorized employee

representatives have the right to

access the OSHA Form 300 Log.

• The employer must provide

access to the entire Form 300

and may not delete employee

names except for privacy

concern cases.

Access & Retention Requirements1904.35 – Employee Access

• Retain forms for 5 years following

the year that they cover

• Only update the OSHA Form 300

during that period

• Updates on the OSHA Form 300A or

OSHA Form 301 not required


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

• Needle stick and sharps injuries that are

contaminated with another person’s blood or

other potentially infectious materialNote: Employees can voluntarily request to keep name off for other

illness cases

Employee Privacy Protection

40

1904.29 (b) (6)


+1.908-303.8359 | FLEMINGTON, NJ

Common Errors in OSHA Recordkeeping• Checking off more than one type of classification

• Incorrectly identifying the type of injury or illness

• Not providing enough detail about the location of

the injury or illness

• Failure to identify the precise body part when

there is more than one part involved

• Failure to sign the 300A Annual Summary and/or

the incorrect signature

• The accuracy of the lost & restricted days


Current Citations & Penalties

VIOLATION TYPEPREVIOUS PENALTY CURRENT PENALTY

OTHER THAN SERIOUSSERIOUS

POSTING REQUIREMENTS

Mandatory penalty for serious violations which may be up to $7,000.

$12,500. per violation

FAILURE TO ABATE $7,000. per day beyond the abatement date

$12,500. per day beyond the abatement date

WILLFUL & REPEAT $70,000. per violation $125,000. per violation

Bipartisan Budget Act of 2015 – Effective Aug 2016

+1.908-303.8359 | FLEMINGTON, NJ


+1.908-303.8359 | FLEMINGTON, NJ

• Training employees and encouraging Employee Involvement

• Ensuring Employee Privacy Protection

• Completing, Certifying and Posting the Annual Summary

• Timely submission of the OSHA Form 300A (Annual Summary)

• Establishing a System for Retention and Updating

• Completing OSHA/BLS Surveys

• Conducting & Documenting an Annual Audit

“Bulletproofing” Your Records


Questions?

Jack Fearing, CPEAManaging Partner

Fearing International Group LLC+1.908.303.8359 / [email protected]

THANK YOU!

www.fearing-international.com


4 +1.908-303.8359 | FLEMINGTON, NJ

About the SpeakerJack a Certified Professional Environmental Auditor (CPEA)and the Managing Partner for Fearing International GroupLLC, a Veteran-owned Small Business (VOSB) globaloccupational and aviation safety consulting firm.

He has more than 30 years of experience in occupational safety andhealth management and DOD aviation safety and is a professionalmember of the New Jersey chapter of the American Society of SafetyProfessionals (ASSP). He was the CoPS Safety Professional of the Year(SPY) in 2008.He has extensive hands-on experience in developing OSHA complianceprograms, employee and management training and coordinating withstate and Federal regulatory agencies in both union and non-unionenvironments. He is an OSHA-Authorized 10/30 instructor (501-GeneralIndustry). Jack has a BS from the University of Massachusetts and anM.Ed. from Boston University in Environmental Science. He is a retiredUS Army Lt Colonel and served as a utility helicopter pilot and AviationSafety Officer in a Combat Aviation Brigade.

Documents

OSHA’s Updated Recordkeeping Standard