Recordkeeping Regulation

1. Recordkeeping Regulation Hawaii Occupational Safety & Health Division (HIOSH) Presented by: Jennifer Shishido Kenneth Hirai Ph: (808)586-9100 Fax: (808)586-9104 Good morning, welcome to the Recordkeeping Presentation.Good morning, welcome to the Recordkeeping Presentation.

2. OBJECTIVES BACKGROUND & CURRENT STATUS HIGHLIGHTS SIGNIFICANT REQUIREMENTS ENFORCEMENT COMPLIANCE ASSISTANCE You can follow along on the handout, or log into the HIOSH Homepage where this presentation is available under Training Programs. This presentation will inform you of the current status of the standard, highlights and changes from the previous standard, some significant requirements to be especially watchful for, how HIOSH intends to enforce the standard and how to get assistance regarding the standard. You can follow along on the handout, or log into the HIOSH Homepage where this presentation is available under Training Programs. This presentation will inform you of the current status of the standard, highlights and changes from the previous standard, some significant requirements to be especially watchful for, how HIOSH intends to enforce the standard and how to get assistance regarding the standard.

3. BACKGROUND & STATUS Former Recordkeeping Rule � Last Major Clarification � 1986 Present Regulation � �Regulation� NOT �Standard� Published in Federal Register � Jan 19, 2001 Present Status The �old� regulation, was last clarified in the �Blue Book� in 1986. Since then, there have been major changes in requirements for injury and illness recordkeeping. In 1986, for example, relatively few work-related musculoskeletal disorders, tuberculosis and stress claims were reported. To meet one of the primary purposes for recordkeeping -- to raise employer awareness of workplace hazards and help employers and employees identify and control such hazards � a revision was required. The recordkeeping rule is a regulation, not a standard. A standard specifies measures to be taken to remedy known occupational hazards. A regulation is the means to effectuate other statutory purposes, including the collection and dissemination of records on occupational injuries and illnesses. The recordkeeping rule was published in the Federal Register on January 19, 2001, with an effective date of January 1, 2002. As with many recent regulations and standards, it is written in plain language, and in a question and answer format. The forms are printed on 8 1/2 by 14 paper. Since recordkeeping is a regulation instead of a standard, Hawaii is not required to adopt a comparable rule within six months of the publication date of the final rule. The present status of the regulation is� The �old� regulation, was last clarified in the �Blue Book� in 1986. Since then, there have been major changes in requirements for injury and illness recordkeeping. In 1986, for example, relatively few work-related musculoskeletal disorders, tuberculosis and stress claims were reported. To meet one of the primary purposes for recordkeeping -- to raise employer awareness of workplace hazards and help employers and employees identify and control such hazards � a revision was required. The recordkeeping rule is a regulation, not a standard. A standard specifies measures to be taken to remedy known occupational hazards. A regulation is the means to effectuate other statutory purposes, including the collection and dissemination of records on occupational injuries and illnesses. The recordkeeping rule was published in the Federal Register on January 19, 2001, with an effective date of January 1, 2002. As with many recent regulations and standards, it is written in plain language, and in a question and answer format. The forms are printed on 8 1/2 by 14 paper. Since recordkeeping is a regulation instead of a standard, Hawaii is not required to adopt a comparable rule within six months of the publication date of the final rule. The present status of the regulation is�

4. RECORDKEEPING REGULATION New Forms (300, 301, 300A) One Criteria for Recording Injury & Illness New Definitions (Medical Treatment, First Aid, Restricted Work Under the former rule, most employers maintained two forms, the OSHA 200 and the WC-1. The new regulation may require employers to maintain up to four or five records. The 300 log, 300-A summary, 301 incident report, and a confidential list of those employees experiencing �privacy concern� injuries or illnesses (and possibly the WC-1). The new rule eliminates necessity for distinguishing injury from illness and their effect on recordability. Recordability depends on whether the case results in death, loss of consciousness, days away from work, job restriction or transfer, medical treatment beyond first aid, or diagnosis by PLHCP as a significant injury or illness. Medical treatment and first aid are redefined. For example, medical treatment now includes any dose of a prescription drug. First aid now includes use of butterfly bandages. Restricted work or transfer is recorded when the employee cannot perform all of his routine functions, or does not work a full shift.Under the former rule, most employers maintained two forms, the OSHA 200 and the WC-1. The new regulation may require employers to maintain up to four or five records. The 300 log, 300-A summary, 301 incident report, and a confidential list of those employees experiencing �privacy concern� injuries or illnesses (and possibly the WC-1). The new rule eliminates necessity for distinguishing injury from illness and their effect on recordability. Recordability depends on whether the case results in death, loss of consciousness, days away from work, job restriction or transfer, medical treatment beyond first aid, or diagnosis by PLHCP as a significant injury or illness. Medical treatment and first aid are redefined. For example, medical treatment now includes any dose of a prescription drug. First aid now includes use of butterfly bandages. Restricted work or transfer is recorded when the employee cannot perform all of his routine functions, or does not work a full shift.

5. RECORDKEEPING REGULATION Preexisting Injury or Illness Exemptions for Work-Relationship Clarifies �Light Duty�, Restricted Work Recording All Needlestick and Sharps Injuries For preexisting injuries and illnesses, the work environment must have significantly aggravated the injury or illness before the case becomes work-related. Employers can now rebut the presumption of work relationship for cases developing from recreational activities, blood donation, etc. �Light duty� or restricted work are dependent upon the workers ability to perform all of the routine functions of his or her job, or not work a full workday because the employer or a PLHCP directed or recommended a restriction. All work-related injuries from sharps contaminated with someone else�s blood or OPIM must be recorded. Sero-conversion is a recordable illness. Recommendations of a PLHCP may result in recordability.For preexisting injuries and illnesses, the work environment must have significantly aggravated the injury or illness before the case becomes work-related. Employers can now rebut the presumption of work relationship for cases developing from recreational activities, blood donation, etc. �Light duty� or restricted work are dependent upon the workers ability to perform all of the routine functions of his or her job, or not work a full workday because the employer or a PLHCP directed or recommended a restriction. All work-related injuries from sharps contaminated with someone else�s blood or OPIM must be recorded. Sero-conversion is a recordable illness. Recommendations of a PLHCP may result in recordability.

6. RECORDKEEPING REGULATION Recording Standard Threshold Shifts Same Criteria for MSD�s and Other Injuries and Illnesses Separate Criteria for TB and Medical Removal STS (10db shift from the baseline) is recordable. Work related if exposed to an 85 decibel TWA environment. MSDs are recordable if they result in days away from work, restricted work/job transfer, or medical treatment beyond first aid. Medical removal is a provision of some standards, such as lead and benzene. Such cases are recordable. Voluntary medical removal is not recordable. Work-related TB cases are recordable regardless of the place of employment, (special industries�long term care, etc.)STS (10db shift from the baseline) is recordable. Work related if exposed to an 85 decibel TWA environment. MSDs are recordable if they result in days away from work, restricted work/job transfer, or medical treatment beyond first aid. Medical removal is a provision of some standards, such as lead and benzene. Such cases are recordable. Voluntary medical removal is not recordable. Work-related TB cases are recordable regardless of the place of employment, (special industries�long term care, etc.)

7. RECORDKEEPING REGULATION Eliminates �Lost Workdays� (Now �Days Away� or �Days Restricted or Transferred�) Counts Calendar Days Instead of Workdays Requires Procedure for Employees to Report Injuries/Illnesses Prohibits Discriminating Against Employees The term, �Lost Workdays� is eliminated in the new regulation. Counting calendar days simplifies recordkeeping and should produce more reliable data on severity. Every employee must be told how he or she is to report an injury or illness to the employer. Workers are protected against discrimination. It�s as simple as that. The term, �Lost Workdays� is eliminated in the new regulation. Counting calendar days simplifies recordkeeping and should produce more reliable data on severity. Every employee must be told how he or she is to report an injury or illness to the employer. Workers are protected against discrimination. It�s as simple as that.

8. RECORDKEEPING REGULATION Access to Parts of OSHA 301 by Employee Representatives Protects Employee Privacy � Certain Types of Injury/Illnesses Nature of Sensitive Injuries Limited Access to OSHA 301 (No Personal IDs) Remove Names Before Providing Data to Persons Without Access Rights Personal employee representatives have the right to a copy of the 300. Authorized employee representatives are collective bargaining agents. Regulation prohibits entering the employee�s name for certain �privacy concern� cases, such as sero-conversion as the result of a BBP incident, work related mental illnesses, injury to an intimate body part or reproductive system. A separate, confidential list of privacy concern cases must be maintained (employee name and case number from the 300 log).Personal employee representatives have the right to a copy of the 300. Authorized employee representatives are collective bargaining agents. Regulation prohibits entering the employee�s name for certain �privacy concern� cases, such as sero-conversion as the result of a BBP incident, work related mental illnesses, injury to an intimate body part or reproductive system. A separate, confidential list of privacy concern cases must be maintained (employee name and case number from the 300 log).

9. RECORDKEEPING REGULATION Annual Summary Posting for 3 Months Summary Certified by Company Executive Excludes Some Reporting of Motor Carrier and Motor Vehicle Accident Fatalities The 300A Annual Summary must be posted for 3 months -- from Feb 1 through April 30. The regulation specifies who qualifies as a company executive and can certify the annual summary. Motor vehicle crashes occurring on public streets, or commercial air and bus crashes need not be reported. Resulting injuries, however, must be recorded. A fatal heart attack at work must be reported.The 300A Annual Summary must be posted for 3 months -- from Feb 1 through April 30. The regulation specifies who qualifies as a company executive and can certify the annual summary. Motor vehicle crashes occurring on public streets, or commercial air and bus crashes need not be reported. Resulting injuries, however, must be recorded. A fatal heart attack at work must be reported.

10. ACTIVITY DATES 2001 � Keep Injury/Illness Information on OSHA 200 Jan 1, 2002 � Keep Data on OSHA 300 Feb 1, 2002 � Post OSHA 200 (2001 Data) Mar 1, 2002 � Remove OSHA 200 Feb 1, 2003 - Post OSHA 300 (2002 Data) May 1, 2003 � Remove OSHA 300 This year, recordkeeping is done on the OSHA 200. Starting Jan 1, 2002, records are maintained on the OSHA 300. On Feb 1, 2002, the OSHA 200 for this calendar year is posted and can be removed on Mar 1. On Feb 1, 2003, the OSHA 300 for calendar year 2002 is posted. It must remain posted for 3 months, and can be removed on May 1. This year, recordkeeping is done on the OSHA 200. Starting Jan 1, 2002, records are maintained on the OSHA 300. On Feb 1, 2002, the OSHA 200 for this calendar year is posted and can be removed on Mar 1. On Feb 1, 2003, the OSHA 300 for calendar year 2002 is posted. It must remain posted for 3 months, and can be removed on May 1.

11. ENFORCEMENT ISSUES REGULATORY VIOLATION INSPECTION TOOL (WHO, WHAT , WHERE, WHEN, HOW) This new regulation uses the word �must� in place of the old regulation�s �shall�. While most regulatory violations do not carry a monetary penalty, recall that the uses of egregious violations were first cited because of recordkeeping irregularities in the meatpacking industry. HIOSH�s FOM prescribes minimum and maximum penalties for violations of posting, reporting and recordkeeping requirements. The OSHA 300 Log is an valuable tool for labor, management, and HIOSH to identify unsafe and unhealthy workplaces. This new regulation uses the word �must� in place of the old regulation�s �shall�. While most regulatory violations do not carry a monetary penalty, recall that the uses of egregious violations were first cited because of recordkeeping irregularities in the meatpacking industry. HIOSH�s FOM prescribes minimum and maximum penalties for violations of posting, reporting and recordkeeping requirements. The OSHA 300 Log is an valuable tool for labor, management, and HIOSH to identify unsafe and unhealthy workplaces.

12. COMPLIANCE ASSISTANCE WRITTEN IN PLAIN LANGUAGE � Q&A FORMAT OSHA Home Page (www.osha.gov) INFORMATION KIT STANDARD FORMS CONSULTATION AND TRAINING BRANCH (586-9100) SELF-HELP TRAINING (www.state.hi.us/dlir/hiosh) TRAINING FOR TRAINERS FORMS The regulation itself, written in Q&A format, lends itself to compliance assistance. Visit the HIOSH website under What�s New or the OSHA homepage to download the regulation, forms, highlights of the standard, etc. The C&T Branch is available to provide some recordkeeping training for trainers. This PowerPoint presentation will be available on the HIOSH homepage under Training Programs. The 300, 301, and 300A forms are available on the net and will be available from HIOSH. The regulation itself, written in Q&A format, lends itself to compliance assistance. Visit the HIOSH website under What�s New or the OSHA homepage to download the regulation, forms, highlights of the standard, etc. The C&T Branch is available to provide some recordkeeping training for trainers. This PowerPoint presentation will be available on the HIOSH homepage under Training Programs. The 300, 301, and 300A forms are available on the net and will be available from HIOSH.

13. Any Questions? Are there any questions?Are there any questions?