OSHA Recordkeeping

OSHA Recordkeeping Common Problems

Instructor • Patti Kapperman, ISCS • Patti.kapperman@bwc.state.oh.us • (567) 204-8916 • University of Findlay • Private industry experience

Recordkeeping vs. Workers’ Compensation • OSHA Recordkeeping regulations are federal regulations which apply nationally • Workers’ Compensation laws are made by the Ohio Legislature and only apply to businesses conducting business in Ohio and their Ohio based employees. • They have no relationship to each other • Examples

Letters of Interpretation • 1904 regulation links 215 LOI • LOI is the law and fully enforceable • LOI’s clarify the regulation

The decision tree for recording work-related injuries and illnesses. Did the employee experience an injury or illness? No Yes Is the injury or illness work-related? No Yes Update the previously recorded injury or illness entry if necessary. No Is the injury or illness a new case? Yes Does the injury or illness meet the general recording criteria or the application to specific cases? Yes No Record the injury or illness Do not record the injury or illness

Work Relatedness • PRESUMPTION of work relatedness • Work environment • 9 Exemptions • Cause, contribute, discernable • Event or exposure

Scenario 1: An employee reports to work. Several hours later, the employee goes outside for a "smoke break." The employee slips on the ice and injures his back. Since the employee was not performing a task related to the employee's work, the company has deemed this incident non-work related and therefore not recordable. Is this work related?

Scenario 1: An employee reports to work. Several hours later, the employee goes outside for a "smoke break." The employee slips on the ice and injures his back. Since the employee was not performing a task related to the employee's work, the company has deemed this incident non-work related and therefore not recordable. Yes

Scenario 2: An employee drives into the company parking lot at 7:30 a.m., exits his car, and proceeds to cross the parking lot to clock-in to work. A second employee, also on the way to work, approaches the first employee, and the two individuals get into a physical altercation in the parking lot. The first employee breaks an arm during the altercation. The employee goes to the doctor and receives medical treatment for his injury. The company deems this non-work related, and therefore non-recordable, since the employees had not yet reported to work and a work task was not being performed at the time of the altercation. Is this case work related?

Scenario 2: An employee drives into the company parking lot at 7:30 a.m., exits his car, and proceeds to cross the parking lot to clock-in to work. A second employee, also on the way to work, approaches the first employee, and the two individuals get into a physical altercation in the parking lot. The first employee breaks an arm during the altercation. The employee goes to the doctor and receives medical treatment for his injury. The company deems this non-work related, and therefore non-recordable, since the employees had not yet reported to work and a work task was not being performed at the time of the altercation. Yes

Pre-Existing Condition • Injury or illness that resulted solely from a non-work-related event or exposure that occurred outside the work environment • See bullet 2 of Exemptions • There is no medical definition related to Recordkeeping

Significant Aggravation • An event or exposure in the work environment results in any of the following for a pre-existing condition: • Death • Loss of consciousness • One or more days away from work, days of restricted work, or job transfer where there wasn’t before • Medical treatment where no medical treatment was previously needed or a change in medical treatment was necessitated

Scenario 3:Is an injury sustained by an employee while he or she is engaged in an activity such as walking, bending, tripping, climbing a staircase, sneezing, etc considered work-related?You also ask whether the determination of work-relationship would be affected by the existence of a pre-existing condition, whether work-related or non-work-related, affecting the same body part that is injured. Is the determination of work relatedness affected by a pre-existing condition?

Scenario 3:Is an injury sustained by an employee while he or she is engaged in an activity such as walking, bending, tripping, climbing a staircase, sneezing, etc considered work-related?You also ask whether the determination of work-relationship would be affected by the existence of a pre-existing condition, whether work-related or non-work-related, affecting the same body part that is injured. Yes no

Scenario 4: An employee reported to work and another employee noticed he was sweating profusely. Once the employee was on the job site, he put on the proper PPE for the task at hand. This PPE consisted of rubber boots, rubber gloves, a slicker suit, hard hat with face shield and goggles. The employee then stated that he had been sweating a lot since he left his house to come to work and wasn't feeling well. An on-site paramedic was notified and the employee was put into an ambulance and was administered oxygen and an IV of saline shift paramedic as a precautionary measure since they were unsure of his illness. The employee was transported to the hospital for further evaluation. The hospital continued the saline IV and had vitals monitored and a blood test done. Is this case work-related? If so, is this an OSHA Recordable?

Scenario 4: An employee reported to work and another employee noticed he was sweating profusely. Once the employee was on the job site, he put on the proper PPE for the task at hand. This PPE consisted of rubber boots, rubber gloves, a slicker suit, hard hat with face shield and goggles. The employee then stated that he had been sweating a lot since he left his house to come to work and wasn't feeling well. An on-site paramedic was notified and the employee was put into an ambulance and was administered oxygen and an IV of saline by the shift paramedic as a precautionary measure since they were unsure of his illness. The employee was transported to the hospital for further evaluation. The hospital continued the saline IV and had vitals monitored and a blood test done. Is this case work-related? If so, is this an OSHA Recordable? Yes

Routine Function • Work activities the employee regularly performs at least once per week. • One of the most common recordkeeping errors • Employee gets a no left hand restriction. Would an employee normally use left hand at least once per week? If so, restricted work. • What about job rotation?

First Aid vs. Medical Treatment • ANY treatment not listed on first aid list is medical treatment and, therefore, recordable. • Diagnostic procedures (x-rays) and observation • Prescription medications

Scenario 5: Identify whether these two types of treatments constitute first aid or medical treatment for purposes of applying OSHA's recordkeeping rule and provide your reasoning. 1. The use of glue to close a wound. 2. The use of a prescription antibiotic to prevent a possible infection for a puncture wound.

Scenario 5: Identify whether these two types of treatments constitute first aid or medical treatment for purposes of applying OSHA's recordkeeping rule and provide your reasoning. 1. The use of glue to close a wound. 2. The use of a prescription antibiotic to prevent a possible infection for a puncture wound. Medical Treatment

Common Recordkeeping Errors • 300 Log not filled out fully • Numbers in columns where check marks belong • Poor communication between Safety and HR • Temporary employees not included on Log • Confused OSHA requirements with BWC requirements • Column F does not contain enough information

Common Recordkeeping Errors • Using a physicians opinion to determine “significant aggravation” • Failure to accurately record restricted work • No Return to Work forms • No case numbers • Incomplete FROI or no 301

Scenario 6:An employee is injured and is placed under a work restriction(s) by a physician; however, the employer does not have any available restricted work for a period of time. Should this case be classified as "Days away from work" or "Job transfer or restriction"?

Scenario 6:An employee is injured and is placed under a work restriction(s) by a physician; however, the employer does not have any available restricted work for a period of time. Should this case be classified as "Days away from work" or "Job transfer or restriction"? Days away

Scenario 7: An employee was performing routine work activities in a manufacturing setting and was struck by an object that caused damage to his dental bridge. The employee to date has chosen not to seek any medical or dental treatment or consultation. Would damage to a denture in the presence of no other discernable injury be considered a recordable injury requiring entry on the OSHA 300 log even when medical treatment is not administered?

Scenario 7: An employee was performing routine work activities in a manufacturing setting and was struck by an object that caused damage to his dental bridge. The employee to date has chosen not to seek any medical or dental treatment or consultation. Would damage to a denture in the presence of no other discernable injury be considered a recordable injury requiring entry on the OSHA 300 log even when medical treatment is not administered? no

Questions?

OSHA Recordkeeping