OSHA LOG 300 WORKSHOP

1. OSHA LOG 300 WORKSHOP

2. OSHA Recordkeeping • Revised Recordkeeping rule published in the Federal Register on January 19, 2001 • Affects 1.4 million establishments • Effective on January 1, 2002 • CAL-OSHA has adopted the Federal rule with limited exceptions

3. Benefits of the Rule • Improves employee involvement • Creates simpler forms • Provides clearer regulatory requirements • Increases employers’ flexibility to use computers

4. Recording Criteria • Eliminates different criteria for recording work-related injuries and work-related illnesses • Former rule required employers to record all illnesses, regardless of severity • Covered employees: on your payroll or supervise day to day (temps, contractors, etc.) • Temps and contractors not required to log if they do not supervise • Partners and sole proprietorships exempted

5. Exempted Organizations • Less than 10 employees over the entire year (entire organization) • SIC code exemption unless requested in writing that you keep records • SIC code exemption on Table 1 • If one or more establishments exempt must keep records • All employers must report serious injuries to Cal-OSHA per Section 342

6. Recording Criteria Decision Tree

7. Work-Relatedness • Cases are work-related if: • An event or exposure in the work environment either caused or contributed to the resulting condition • An event or exposure in the work environment significantly aggravated a pre-existing injury or illness • Significant: • If occupational exposure had not occurred no: death, loss of consciousness, loss / restricted work days, medical treatment or change in medical treatment

8. Work-Related Exceptions • Exceptions to the definition of work relationship to limit recording of cases involving: • present in work environment as a member of general public • eating, drinking, or preparing food or drink for personal consumption (workplace contaminants lead is work related) • common colds and flu • voluntary participation in wellness, fitness or recreational programs • personal grooming, self-medication or self-inflicted • motor vehicle events while commuting • mental illness unless specifically work related by licensed health care professional

9. Travel / Home Activities • Travel: • Work Related: activity in the interest of the employer • Travel to customer site, site activities, entertainment, meetings, etc. • Personal activities not work-related • Home • Work Related: related to performance of work not home environment

10. Case Evaluation • New Case If: • no previous recorded injury / illness of same type and same body part and • previous injury / illness is same type and body part but completely recovered • new exposure resulted in recurrence of symptoms • not required to seek doctor opinion but if sought must be followed

11. General Recording Criteria • Requires records to include any work-related injury or illness resulting in one of the following: • Death • Days away from work • Restricted work or transfer to another job • Medical treatment beyond first aid • Loss of consciousness • Diagnosis of a significant injury/illness by a physician or other licensed health care professional • Punctured ear drum. Fracture, asbestosis, etc.

12. General Recording Criteria • Includes new definitions of medical treatment and first aid to simplify recording decisions • First aid if: • Listed treatment (see Federal Table) • Visit for observation or counseling • diagnostic - x-ray, MRI, blood test, Rx medication for diagnostic purposes • Status of provider not relevant

13. General Recording Criteria • Clarifies the recording of lost time, restricted work and job transfer cases • Lost Time: unable to work the next day • Restricted: cannot perform a routine function (at least once a week), cannot work a full day, starts the next day • Transferred to another job for all or part of a day (count included in restricted days)

14. Recording Needlesticks • Requires employers to record all needlestick and sharps injuries involving contamination by another person’s blood or other potentially infectious material • Other exposures recorded if illness is diagnosed • Must not enter employee name on OSHA 300 log

15. Tuberculosis & Medical Removal • Includes separate provisions describing the recording criteria for cases involving the work-related transmission of tuberculosis • Requires employers to record cases of medical removal under OSHA standards

16. Musculoskeletal Disorders and Hearing Loss • Applies the same recording criteria to musculoskeletal disorders (MSDs) as to all other injuries and illnesses • Employer retains flexibility to determine whether an event or exposure in the work environment caused or contributed to the MSD • OSHA will use the one-year delay to develop definitions of ergonomic injury and MSD consistent with a comprehensive effort • Requires employers to record 25 dB shifts in employees’ hearing during 2002 • OSHA will reconsider the hearing loss criteria for 2003 and beyond

17. Day Counts • Eliminates the term “lost workdays” and focuses on days away or days restricted or transferred • Count by calendar day - not just work days • Count to status change, 180 day cap or employment change (unrelated to injury or illness) • Do not carry over onto new log (next year) revise existing log • Based on doctor recommendation not actual history

18. Forms • Updates three recordkeeping forms • OSHA Form 300 – Log of Work-Related Injuries and Illnesses • Logged within 7 calendar days • Can use an equivalent form • Can use a computer if equivalent • Total at end of the Year • Retained for 5 years- update as needed

19. OSHA Form 300

20. Forms • Updates three recordkeeping forms • OSHA Form 301 – Injury and Illness Incident Report • One report for each case • Logged within 7 calendar days • Can use an equivalent form • Can use a computer if equivalent • Total at end of the Year • Retained for 5 years - update as needed

21. OSHA Form 301

22. Forms • Updates three recordkeeping forms • OSHA Form 300A – Summary of Work-Related Injuries and Illnesses • Requires the annual summary to be posted from February 1 to April 30 where notices are typically posted / mail to off-site employees • Requires certification of the summary by a company executive (owner, officer of corporation or highest ranking official at establishment or their supervisor) • Certification -review 300 log reasonable belief that based on knowledge of process the information is complete & correct • Retained for 5 years - update as needed

23. OSHA Form 300A

24. Employee Involvement • Requires employers to establish a procedure for employees to report injuries and illnesses and tell their employees how to report • Employers are prohibited from discriminating against employees who do report injuries / illnesses • Employee representatives will now have access to those parts of the forms relevant to workplace safety and health

25. Employee Privacy • Prohibits employers from entering an individual’s name on 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 • Gives employee representatives access only to 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

26. Employee Privacy • Enter the words privacy case instead of name on the 300 log • Keep a separate confidential list of names & case numbers • Privacy concern if: • Involves intimate body part / reproductive system • Sexual assault injury / illness • Mental Illness • HIV, hepatitis, tuberculosis, needlestick • Employee request

27. Multiple Establishments • Must keep a separate 300 log for each establishment in operation for 1 year • May be kept at a central location • Transmit the information per time frame (7 days) • Address & phone number of central location available • Contact at central location that can transmit the information

28. Reporting to OSHA • Report to local district OSHA office within 8 hours after knowledge of a death or serious injury / illness. Immediately if a state, county, local police or fire department is called to an accident site with a death or serious injury. • Serious Injury / Illness: “An injury or illness occurring in a place of employment or in connection with employment which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation, employee suffers loss of any member of the body, serious degree of permanent disfigurement.” • Penal Code violations except Section 385 PC & accidents on public street or highway is excepted.

29. 2001 Log Summary • If required to keep 200 log in 2001 must post summary • Include: • Calendar Year, Company Name & Address, Total Numbers even zeros for each 200 Log Column, Certification Signature, Title and Date • Post summary by February 1, 2002 until March 1, 2002 • Posting site where typical employee notices are posted

30. For More Information • Go to OSHA’s website: www.osha.gov www.dir.ca.gov (Cal-OSHA) for additional information about the new recordkeeping rule.