Você está na página 1de 60

Recording and Reporting Occupational

Injuries and Illnesses


1
OSHAX.org The Unofficial Guide to the OSHA
where are we today?
P ederal Register Notice October 12
th
P Delay effective date until January 1, 2003 for:
O Criteria for recording work-related hearing loss
O Definition of musculoskeletal disorder (MSD)
O Requirement to check the MSD column on the OSHA
log
P OSHA will continue to evaluate these provisions over the
next year
P OSHA has issued new forms that remove the hearing loss
and MSD columns from the OSHA 300 Log and OSHA
300A Summary
P All other provisions of the rule become effective on
January 1, 2002
2
OSHAX.org The Unofficial Guide to the OSHA
rganization of the Rule
P Subpart A - Purpose
P Subpart B - Scope
P Subpart C - orms and recording criteria
P Subpart D - Other requirements
P Subpart E - Reporting to the government
P Subpart - Transition
P Subpart G - Definitions
3
OSHAX.org The Unofficial Guide to the OSHA
!urpose (of the Rule)
P To require employers to record and report
work-related fatalities, injuries and illnesses
O Note: Recording or reporting a work-related injury,
illness, or fatality does not mean the 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.
P OSHA injury and illness recordkeeping and
Workers' Compensation are independent of
each other
4
OSHAX.org The Unofficial Guide to the OSHA
$ubpart B - $.ope
P 1904.1 Small employer partial
exemptions
P 1904.2 ndustry partial
exemptions (see Appendix A to
Subpart B for complete list)
P 1904.3 Keeping records for
other ederal agencies
5
OSHAX.org The Unofficial Guide to the OSHA
!artial Lxemption
P Employers that are partially exempt from the
recordkeeping requirements because of their
size or industry must continue to comply with:
O 1904.39, Reporting fatalities and multiple
hospitalization incidents
O 1904.41, Annual OSHA injury and illness survey (if
specifically requested to do so by OSHA)
O 1904.42, BLS Annual Survey (if specifically
requested to do so by BLS)
6
OSHAX.org The Unofficial Guide to the OSHA
1904.1 - $ize Lxemption
P f your company had 10 or fewer employees
at all times during the last calendar year, you
do not need to keep the injury and illness
records unless surveyed by OSHA or BLS
P The size exemption is based on the number
of employees in the entire company
P nclude temporary employees who you
supervised on a day to day basis in the count
7
OSHAX.org The Unofficial Guide to the OSHA
1904.2 - lndustry Lxemption
P All industries in agriculture,
construction, manufacturing,
transportation, utilities and wholesale
trade sectors are covered
P n the retail and service sectors,
some industries are partially exempt
P Appendix A to Subpart B lists
partially exempt industries
8
OSHAX.org The Unofficial Guide to the OSHA
1904.2 - Newly Covered lndustries
P 3 Auto and home supply
stores
P Boat Dealers
P Recreational vehicle
dealers
P 9 Automotive dealers not
elsewhere classified
P 1 Home furniture and
furnishing stores
P 2 Household appliance
stores
P 93 Used merchandise stores
P 9 Nonstore retailers
P 98 uel dealers
P 1 Real estate operators and
lessors
P Land subdividers and
developers
P 21 Laundry, cleaning, and garment
services
P 34 Services to dwellings and other
buildings
P 3 Miscellaneous equipment rental
and leasing
P 3 Personnel supply services
P 833 Job training and vocational
rehabilitation services
P 83 Residential care
P 842 Arboreta and botanical or
zoological gardens
9
OSHAX.org The Unofficial Guide to the OSHA
10
1904.2 - Newly Exempted Industries
- 525 Hardware stores
- 542 Meat and fish markets
- 544 Candy, nut, and
confectionary stores
- 545 Dairy products stores
- 546 Retail bakeries
- 549 Miscellaneous food
stores
- 764 Reupholstery and
furniture repair
- 791 Dance studios,
schools, and halls
- 792 Producers, orchestras,
entertainers
- 793 Bowling centers
- 801 Offices and clinics of
medical doctors
- 802 Offices and clinics of
dentists
- 803 Offices of Osteopathic
Physicians
- 804 Offices of other health
care practitioners
- 807 Medical and dental
laboratories
- 809 Health and allied
services, NEC
OSHAX.org The Unofficial Guide to the OSHA
Re.ording Criteria
P Subpart C - Recordkeeping orms and
Recording Criteria
O 1904.4 Recording criteria
O 1904. Work-relatedness
O 1904. New case
O 1904. General recording criteria
O 1904.8 Needlesticks and sharps
O 1904.9 Medical removal
O 1904.10 Hearing loss
O 1904.11 Tuberculosis
O 1904.12 Musculoskeletal disorders
O 1904.29 orms
11
OSHAX.org The Unofficial Guide to the OSHA
1904.4 - Re.ording Criteria
P Covered employers must record each
fatality, injury or illness that:
O s work-related, and
O s a new case, and
O Meets one or more of the criteria contained in
sections 1904. through 1904.12
12
OSHAX.org The Unofficial Guide to the OSHA
1904.5 - work-Relatedness
P A case is considered work-related if an event or
exposure in the work environment either caused or
contributed to the resulting condition
P A case is considered work-related if an event or
exposure in the work environment significantly
aggravated a pre-existing injury or illness
P Work-relatedness is presumed for injuries and illnesses
resulting from events or exposures occurring in the
work environment
13
OSHAX.org The Unofficial Guide to the OSHA
1904.5 - work Lnvironment
P 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
P The work environment includes not only
physical locations, but also the equipment or
materials used by employees during the course
of their work
14
OSHAX.org The Unofficial Guide to the OSHA
1904.5 - $ignifi.ant Aggravation
P 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):
O Death
O Loss of consciousness
O Days away, days restricted or job transfer
O Medical treatment
15
OSHAX.org The Unofficial Guide to the OSHA
1904.5 - Lx.eptions
P Present as a member of the general
public
P Symptoms arising in work environment
that are solely due to non-work-related
event or exposure
P Voluntary participation in wellness
program, medical, fitness or recreational
activity
P Eating, drinking or preparing food or
drink for personal consumption
16
OSHAX.org The Unofficial Guide to the OSHA
17
1904.5 - Exceptions
- Personal tasks outside assigned
working hours
- Personal grooming, self medication for
non-work-related condition, or
intentionally self-inflicted
- Motor vehicle accident in parking
lot/access road during commute
- Common cold or flu
- Mental illness, unless employee
voluntarily provides a medical opinion
from a physician or licensed health
care professional (PLHCP) having
appropriate qualifications and
experience that affirms work-
relatedness
OSHAX.org The Unofficial Guide to the OSHA
1904.5 - 1ravel $tatus
P 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
P Home away from home
P Detour for personal reasons is not
work-related
18
OSHAX.org The Unofficial Guide to the OSHA
1904.5 - work at ome
P njuries and illnesses that occur while
an employee is working at home are
work-related if they:
O occur while the employee is
performing work for pay or
compensation in the home, and
O are directly related to the
performance of work rather than the
general home environment
19
OSHAX.org The Unofficial Guide to the OSHA
1904.6 - New Case
P A case is new if:
O The employee has not previously
experienced a recordable injury or
illness of the same type that affects the
same part of the body; or
O The employee previously experienced
a recordable injury or illness of the
same type that affects the same part of
the body, but had recovered completely
and an event or exposure in the work
environment caused the signs and
symptoms to reappear
20
OSHAX.org The Unofficial Guide to the OSHA
1904.6 - New Case
P f there is a medical opinion regarding
resolution of a case, the employer must follow
that opinion
P f an exposure triggers the recurrence, it is a
new case (e.g., asthma, rashes)
P f signs and symptoms recur even in the
absence of exposure, it is not a new case (e.g.,
silicosis, tuberculosis, asbestosis)
21
OSHAX.org The Unofficial Guide to the OSHA
1904.7 - 0eneral Re.ording Criteria
P An injury or illness is recordable if it results in
one or more of the following:
O Death
O Days away from work
O Restricted work activity
O Transfer to another job
O Medical treatment beyond first aid
O Loss of consciousness
O Significant injury or illness diagnosed by a PLHCP
22
OSHAX.org The Unofficial Guide to the OSHA
1904.7(b)(3) - Uays Away Cases
P Record if the case involves
one or more days away from
work
P Check the box for days away
cases and count the number
of days
P Do not include the day of
injury/illness
23
OSHAX.org The Unofficial Guide to the OSHA
1904.7(b)(3) - Uays Away Cases
P Day counts (days away or days restricted)
O Count the number of calendar days the employee
was unable to work (include weekend days,
holidays, vacation days, etc.)
O Cap day count at 180 days away and/or days
restricted
O May stop day count if employee leaves company for
a reason unrelated to the injury or illness
O f a medical opinion exists, employer must follow
that opinion
24
OSHAX.org The Unofficial Guide to the OSHA
25
1904.7(b)(4) - Restricted Work Cases
- Record if the case involves
one or more days of
restricted work or job
transfer
- Check the box for
restricted/transfer cases and
count the number of days
- Do not include the day of
injury/illness
OSHAX.org The Unofficial Guide to the OSHA
1904.7(b)(4) - Restri.ted work
P Restricted work activity occurs when:
O An employee cannot perform one or more routine
functions (work activities the employee regularly
performs at least once per week) of his or her job;
or
O An employee cannot work a full workday; or
O A PLHCP recommends either of the above
26
OSHAX.org The Unofficial Guide to the OSHA
1904.7(b)(4) - 1ob 1ransfer
P Job transfer
O An injured or ill employee is
assigned to a job other than
his or her regular job for part
of the day
O A case is recordable if the
injured or ill employee
performs his or her routine
job duties for part of a day
and is assigned to another
job for the rest of the day
27
OSHAX.org The Unofficial Guide to the OSHA
1904.7(b)(5) - Medi.al 1reatment
P Medical treatment is the
management and care of a
patient to combat disease or
disorder.
P t does not include:
O Visits to a PLHCP solely for
observation or counseling
O Diagnostic procedures
O irst aid
28
OSHAX.org The Unofficial Guide to the OSHA
1904.7(b)(5) - lirst Aid
P Using nonprescription medication
at nonprescription strength
P Tetanus immunizations
P Cleaning, flushing, or soaking
surface wounds
P Wound coverings, butterfly
bandages, Steri-Strips
P Hot or cold therapy
P Non-rigid means of support
P Temporary immobilization device
used to transport accident victims
29
OSHAX.org The Unofficial Guide to the OSHA
1904.7(b)(5) - lirst Aid
P Drilling of fingernail or toenail, draining
fluid from blister
P Eye patches
P Removing foreign bodies from eye
using irrigation or cotton swab
P Removing splinters or foreign material
from areas other than the eye by
irrigation, tweezers, cotton swabs or
other simple means
P inger guards
P Massages
P Drinking fluids for relief of heat stress
30
OSHAX.org The Unofficial Guide to the OSHA
1904.7(b)(6) -
Loss of Cons.iousness
P All work-related cases
involving loss of
consciousness must be
recorded
31
OSHAX.org The Unofficial Guide to the OSHA
1904.8 - Bloodborne !athogens
P 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 HV
or HBV such as laboratory cultures)
P 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
32
OSHAX.org The Unofficial Guide to the OSHA
1904.9 - Medi.al Removal
P f an employee is medically
removed under the medical
surveillance requirements of an
OSHA standard, you must record
the case
P The case is recorded as either one
involving days away from work or
days of restricted work activity
P f the case involves voluntary
removal below the removal levels
required by the standard, the case
need not be recorded
33
OSHAX.org The Unofficial Guide to the OSHA
1904.10 - earing Loss
P rom January 1, 2002 until December 31, 2002:
O Must record a work-related hearing loss
averaging 2 dB or more at 2000, 3000, and
4000 hertz in either ear
O Must use employee's original baseline
audiogram for comparison
O May correct for aging using tables in
Appendix of 29 CR 1910.9
O States with OSHA-approved state plans can
retain their existing recording criteria during
calendar year 2002
34
OSHAX.org The Unofficial Guide to the OSHA
1904.11 - 1uber.ulosis
P 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
P A case is not recordable when:
O The worker is living in a household with a
person who is diagnosed with active TB
O The Public Health Department has identified
the worker as a contact of an individual with
active TB
O A medical investigation shows the
employee's infection was caused by
exposure away from work
35
OSHAX.org The Unofficial Guide to the OSHA
1904.12 - Mus.uloskeletal Uisorders
P rom January 1, 2002 until December
31, 2002:
O Must record work-related injuries and
illnesses involving muscles, nerves,
tendons, ligaments, joints, cartilage
and spinal discs in accordance with
the requirements applicable to any
injury or illness
O On the OSHA 300 log, check either
the entry for "injury or "all other
illnesses
36
OSHAX.org The Unofficial Guide to the OSHA
1904.29 - lorms
P OSHA orm 300, Log of Work-Related
Injuries and Illnesses
P OSHA orm 300A, $ummary of Work-
Related Injuries and Illnesses
P OSHA orm 301, Injury and Illness
Incident Report
37
OSHAX.org The Unofficial Guide to the OSHA
38
OSHAX.org The Unofficial Guide to the OSHA
39
OSHAX.org The Unofficial Guide to the OSHA
40
OSHAX.org The Unofficial Guide to the OSHA
1904.29 - lorms
P Employers must enter each recordable
case on the forms within calendar days
of receiving information that a recordable
case occurred
41
OSHAX.org The Unofficial Guide to the OSHA
1904.29 - lorms
P An equivalent form has the same
information, is as readable and
understandable, and uses the
same instructions as the OSHA
form it replaces
P orms can be kept on a
computer as long as they can be
produced when they are needed
(i.e., meet the access provisions
of 1904.3 and 1904.40)
42
OSHAX.org The Unofficial Guide to the OSHA
1904.29 - !riva.y !rote.tion
P Do not enter the name of
an employee on the OSHA
orm 300 for "privacy
concern cases
P Enter "privacy case in the
name column
P Keep a separate
confidential list of the case
numbers and employee
names
43
OSHAX.org The Unofficial Guide to the OSHA
1904.29 - !riva.y !rote.tion
P Privacy concern cases are:
O An injury or illness to an intimate body part or
reproductive system
O An injury or illness resulting from sexual assault
O Mental illness
O HV infection, hepatitis, tuberculosis
O Needlestick and sharps injuries that are
contaminated with another person's blood or other
potentially infectious material
O Employee voluntarily requests to keep name off for
other illness cases
44
OSHAX.org The Unofficial Guide to the OSHA
1904.29 - !riva.y !rote.tion
P Employer may use discretion in describing the
case if employee can be identified
P f you give the forms to people not authorized by
the rule, you must remove the names first
O Exceptions for:
Auditor/consultant,
Workers' compensation or other insurance
Public health authority or law enforcement
agency
45
OSHAX.org The Unofficial Guide to the OSHA
$ubpart U - ther Requirements
P 1904.30 Multiple business establishments
P 1904.31 Covered employees
P 1904.32 Annual summary
P 1904.33 Retention and updating
P 1904.34 Change of ownership
P 1904.3 Employee involvement
P 1904.3 Discrimination
P 1904.3 State plans
P 1904.38 Variances
46
OSHAX.org The Unofficial Guide to the OSHA
1904.30 - Multiple
Business Lstablishments
P Keep a separate OSHA orm 300 for
each establishment that is expected
to be in operation for more than a
year
P May keep one OSHA orm 300 for
all short-term establishments
P Each employee must be linked with
one establishment
47
OSHAX.org The Unofficial Guide to the OSHA
1904.31 - Covered Lmployees
P Employees on payroll
P Employees not on payroll who are supervised on
a day-to-day basis
P Exclude self-employed and partners
P Temporary help agencies should not record the
cases experienced by temp workers who are
supervised by the using firm
48
OSHAX.org The Unofficial Guide to the OSHA
1904.32 - Annual $ummary
P Review OSHA orm 300 for
completeness and accuracy,
correct deficiencies
P Complete OSHA orm 300A
P Certify summary
P Post summary
49
OSHAX.org The Unofficial Guide to the OSHA
1904.32 - Annual $ummary
P A company executive must certify the
summary:
O An owner of the company
O An officer of the corporation
O The highest ranking company official
working at the establishment, or
O His or her supervisor
P Must post for 3-month period from
ebruary 1 to April 30 of the year
following the year covered by the
summary
50
OSHAX.org The Unofficial Guide to the OSHA
1904.33 - Retention
and updating
P Retain forms for years following the
year that they cover
P Update the OSHA orm 300 during that
period
P Need not update the OSHA orm 300A
or OSHA orm 301
51
OSHAX.org The Unofficial Guide to the OSHA
1904.35 - Lmployee lnvolvement
P ou must inform each employee of
how to report an injury or illness
O Must set up a way for
employees to report work-
related injuries and illnesses
promptly; and
O Must tell each employee how to
report work-related injuries and
illnesses to you
52
OSHAX.org The Unofficial Guide to the OSHA
1904.35 - Lmployee lnvolvement
P Must provide limited access to injury and
illness records to employees, former
employees and their personal and authorized
representatives
O Provide copy of OSHA orm 300 by end of next
business day
O Provide copy of OSHA orm 301 to employee,
former employee or personal representative by
end of next business day
O Provide copies of OSHA orm 301 to authorized
representative within calendar days. Provide
only "nformation about the case section of form
53
OSHAX.org The Unofficial Guide to the OSHA
1904.36 - !rohibition
Against Uis.rimination
P Section 11(c) of the Act prohibits you from
discriminating against an employee for
reporting a work-related fatality, injury or
illness
P Section 11(c) also protects the employee
who files a safety and health complaint,
asks for access to the Part 1904 records,
or otherwise exercises any rights afforded
by the OSH Act
54
OSHAX.org The Unofficial Guide to the OSHA
1904.37 - $tate !lans
P State Plan States must have the same
requirements as ederal OSHA for determining
which injuries and illnesses are recordable and
how they are recorded
P or other Part 1904 requirements, State Plan
requirements may be more stringent
P 192.4 has been modified to reflect these
concepts
55
OSHAX.org The Unofficial Guide to the OSHA
$ubpart L - Reporting lnformation to the
0overnment
P 1904.39 atality and
catastrophe reporting
P 1904.40 Access for
Government representatives
P 1904.41 OSHA Survey
P 1904.42 BLS Survey
56
OSHAX.org The Unofficial Guide to the OSHA
1904.39 - latality/Catastrophe Reporting
P Report orally within 8 hours any work-related
fatality or incident involving 3 or more in-
patient hospitalizations
P Do not need to report highway or public
street motor vehicle accidents (outside of a
construction work zone)
P Do not need to report commercial airplane,
train, subway or bus accidents
57
OSHAX.org The Unofficial Guide to the OSHA
1904.40 - !roviding Re.ords to
0overnment Representatives
P Must provide copies of the
records within 4 business
hours
P Use the business hours of the
establishment where the
records are located
58
OSHAX.org The Unofficial Guide to the OSHA
$ubpart l - 1ransition from the
lormer Rule
P Must post summary of OSHA Log 200 from
ebruary 1, 2002 to March 1, 2002
P Must retain OSHA No. 200 and OSHA No.
101 forms for years - you are not required
to update these forms
59
OSHAX.org The Unofficial Guide to the OSHA
lor More elp
P OSHA's Recordkeeping Page
P OSHA Regional Recordkeeping
Coordinators
P State Plan States
P www.OSHAX.org The Unofficial Guide
to the OSHA
60
OSHAX.org The Unofficial Guide to the OSHA

Você também pode gostar