OSHA’s New Reporting and Recordkeeping Rule Goes into Effect on January 1, 2015
Source: ThinkHR.com
On September 11, 2014, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a final rule which updates the reporting and recordkeeping requirements for injuries and illnesses, found at 29 C.F.R. 1904. The rule goes into effect on January 1, 2015.
Changes to recordkeeping requirements
Under OSHA’s recordkeeping regulation, certain covered employers are required to prepare and maintain records of serious occupational injuries and illnesses using the OSHA 300 Log. However, there are two classes of employers that are partially exempt from routinely keeping injury and illness records:
- Employers with 10 or fewer employees at all times during the previous calendar year; and
- Establishments in certain low-hazard industries.
The new rule maintains the exemption for employers with fewer than 10 employees. However, the new rule has an updated list of industries that will be partially exempt from keeping OSHA records. The previous list of partially exempt industries was based on the old Standard Industrial Classification (SIC) system and injury and illness data from the Bureau of Labor Statistics (BLS) from 1996, 1997, and 1998. The new list of partially exempt industries in the updated rule is based on the North American Industry Classification System (NAICS) and injury and illness data from the Bureau of Labor Statistics (BLS) from 2007, 2008, and 2009. As a result, many employers who were once exempted from OSHA’s recordkeeping requirements are now required to keep records. A list of newly covered industries can be found at www.osha.gov/recordkeeping2014/reporting_industries.html.
Changes to the reporting requirements
In addition to revising the recordkeeping requirements, the new rule expands the list of severe injuries and illnesses that employers must report to OSHA. Under the previous rule, employers were required to report the following events to OSHA:
- All work-related fatalities.
- All work-related hospitalizations of three or more employees.
Under the new rule, employers must report the following events to OSHA:
- All work-related fatalities.
- All work-related in-patient hospitalizations of one or more employees.
- All work-related amputations.
- All work-related losses of an eye.
For any fatality that occurs within 30 days of a work-related incident, employers must report the event within eight hours of finding out about it.
For any in-patient hospitalization, amputation, or eye loss that occurs within 24 hours of a work-related incident, employers must report the event within 24 hours of learning about it.
Employers do not have to report an event if the event:
- Resulted from a motor vehicle accident on a public street or highway, except in a construction work zone; employers must report the event if it happened in a construction work zone.
- Occurred on a commercial or public transportation system (airplane, subway, bus, ferry, street car, light rail, train).
- Occurred more than 30 days after the work-related incident in the case of a fatality or more than 24 hours after the work-related incident in the case of an in-patient hospitalization, amputation, or loss of an eye.
Employers do not have to report an in-patient hospitalization if it was for diagnostic testing or observation only. An in-patient hospitalizationis a formal admission to the in-patient service of a hospital or clinic for care or treatment.
Employers do have to report an in-patient hospitalization due to a heart attack, if the heart attack resulted from a work-related incident.
What to report
Employers reporting a fatality, inpatient hospitalization, amputation, or loss of an eye to OSHA must report all of the following information:
- The name of the establishment.
- The location of the work-related incident.
- The time of the work-related incident.
- The type of reportable event (i.e., fatality, inpatient hospitalization, amputation, or loss of an eye).
- The number of employees who suffered the event.
- The names of the employees who suffered the event.
- The contact person and his or her phone number.
- A brief description of the work-related incident.
How to report
Employers can use the following three options to report an event:
- Call the nearest OSHA Area Office during normal business hours.
- Call the 24-hour OSHA hotline (800-321-OSHA or 800-321-6742).
- Report an incident electronically (OSHA is developing a new means of reporting events electronically, which will be released soon and will be accessible on OSHA’s website).
Conclusion
It is recommended that employers familiarize themselves with the final rule and train personnel accordingly. All employers under OSHA jurisdiction, even those who are exempt from maintaining injury and illness records, are required to comply with the new severe injury and illness reporting requirements.
Worker Fatalities Show Importance of Safety Training
Originally posted May 28, 2014 by Paul Lawton on https://safetydailyadvisor.blr.com.
Today’s Advisor reports on several workplace fatalities that may have been prevented with more effective safety training.
Case studies provide real-life examples of why it is important for learners to complete safety training and apply that knowledge back on the job.
In the month of June 2013 alone, the Occupational Safety and Health Administration (OSHA) issued statements regarding citations to five companies where training might have helped save a worker’s life.
1. OSHA proposed fines of $157,000 against a plumbing company as a result of a January 16 incident in which a worker died from injuries sustained when a trench collapsed at a job site in Hastings, Nebraska. The company was cited for failing to train workers on trenching hazards and four other safety violations.
“This tragedy might have been prevented with the use of protective shoring that the company planned to bring to the job site that afternoon. All too often, compromising safety procedures has tragic consequences, and hazards like these cause numerous deaths and injuries every year,” said Bonita Winingham, OSHA’s area director in Omaha. “No job should cost a worker’s life because an employer failed to properly protect and train them.”
2. OSHA also cited waste treatment facility for 22 safety and health violations and proposed $325,710 in fines as a result of a December 28 fire and explosion at the Cincinnati waste treatment facility in which a worker was fatally burned. The violations include failure to provide new training to employees assigned to handle waste materials, to train workers on the selection and use of personal protective equipment (PPE) for protection from various materials that are part of their routine assignments, and to provide training and PPE to employees assigned to work on energized circuits.
3. Penalties totaling $116,200 were proposed against a lumber company in Timpson, Texas, stemming from a December incident in which a worker was killed after being struck by a broken band saw blade. The 17 alleged safety violations include failure to provide easily understood lockout/tagout training for energy control and to certify that energy control training was completed and current.
4. Among other things, OSHA cited a trucking company in Ross, North Dakota, for failing to train workers on chemical hazards and precautions after a worker was fatally injured on March 27 while cleaning the inside of a crude oil tanker that exploded.
5. OSHA also cited tool manufacturer for 17 safety violations, including lack of training, after a maintenance worker was electrocuted on March 6 in Fenton, Missouri.
Each company had 15 days to comply with the citations, request a conference, or contest the citations and penalties.
Learn from the failures of these companies to protect their employees, and make any needed changes in your own safety training programs to ensure such tragedies don’t happen in your workplace.
Why It Matters
- Safety on the job is a top priority for employees and employers alike.
- Safety training is a key component of every safety program.
- Keep your employees safe—and avoid expensive citations—by continually evaluating your safety program and its training component.
New OSHA code employers should know
Original article https://eba.benefitnews.com
By Martha J. Zackin
A spike in reports of temporary workers suffering fatal injuries on the job has spurred a new initiative to protect them. On April 29, the U.S. Department of Labor's Occupational Safety and Health Administration announced an initiative to protect temporary employees from workplace hazards. The initiative, announced through a press release and a memorandum sent to all of OSHA’s regional administrators, directs field inspectors to assess whether employers who use temporary workers are complying with their responsibilities under the OSH Act.
Inspectors will use a newly created code in their information system to denote when temporary workers are exposed to safety and health violations. Additionally, they will assess whether temporary workers received required training in a language and vocabulary they understand.
In many cases of recent injuries of temporary workers, OSHA reports, the employer failed to provide safety training or, if some instruction was given, it inadequately addressed the hazard, and this failure contributed to their death.
OSHA field inspectors are now directed to determine, within the scope of their inspections, whether any employees are temporary workers and whether any of the identified temporary employees are exposed to a volatile condition. In addition, inspectors are directed to assess — using both records review and interviews — whether those workers have received required training in a language and vocabulary they understand. A new OIS code has been established to identify temporary workers. In addition, field inspectors are directed to identify the workers’ staffing company, the company’s location, and the supervising structure under which the temporary workers are reporting (i.e., the extent to which the temporary workers are being supervised on a day-to-day basis either by the staffing client or the staffing agency).
OSHA has also begun working with the American Staffing Association and employers that use staffing agencies to promote best practices ensuring that temporary workers are protected from job hazards.
Both staffing firms and companies that use temporary workers are required to provide safe workplaces, as well as necessary safety and health training regarding workplace hazards. Although allocation of safety-related duties and responsibilities should be clearly spelled out in contracts between staffing firms and client companies, both entities may be held liable by OSHA and the courts. Please consult your employment counsel and OSHA consultants for further information and assistance.
What Happens If You Fail to Keep Required OSHA Records?
Source: https://safetydailyadvisor.blr.com
| Failure to keep complete and accurate OSHA injury and illness records as required by 29 CFR 1904 can lead to citations and penalties. |
| What happens if you slip up on recordkeeping? OSHA says that where the OSHA 300 and OSHA 301 forms are concerned, the following actions may be taken:
· When no records have been kept and there have been injuries or illnesses that should have been recorded under the regulations, a citation for failure to keep records will normally be issued. · When no records are kept and there have been no injuries or illnesses, a citation will not be issued. · When the required records are kept but no entry is made for a specific injury or illness that meets the requirements for recordability, a citation for failure to record the case will normally be issued. · When the required records are kept but have not been completed with the detail required by the regulation, or the records contain minor inaccuracies, the records will be reviewed to determine if there are deficiencies that materially impair the understandability of the nature of hazards, injuries and illnesses in the workplace. If the defects in the records materially impair the understandability of the nature of the hazards, injuries and/or illnesses at the workplace, an other-than-serious citation will normally be issued. If not, no citation will be issued. How far back can OSHA go to cite for recordkeeping violations? A recent court case has changed the story on that. Recent Court Decision Limits Recordkeeping CitationsA recent decision by a District of Columbia circuit court means that OSHA can no longer cite employers for recordkeeping violations that occurred more than 6 months prior. The case involved Volks Constructors in Louisiana, which was cited by the agency 5 years after the first of more than 60 violations. The court overturned an Occupational Safety and Review Commission decision that held that every day an OSHA log was incorrect constituted a "continuing violation." According to the law firm Constangy, Brooks & Smith, the recent decision is "significant because it dramatically shortens the time that an employer may be cited for OSHA injury and illness recordkeeping violations." In the past, OSHA has made the case that employers need to maintain the 300 and 301 logs for the present year and for 5 prior years. According to the decision, for an injury reported on May 1, OSHA could cite an employer for failing to record it beginning on May 8. "A citation issued within the following 6 months, and only the following 6 months, would be valid," the court determined. |
Take Action to Eliminate Slip, Trip, and Fall Hazards
Slips, trips, and falls are among the most common cause of lost-workday injuries. Nowhere is the problem worse than in the healthcare industry. Here are some preventive measures implemented in that industry that could help reduce the risk of these incidents in your workplace, too.
Research conducted by the National Institute for Occupational Safety and Health (NIOSH) and the Centers for Disease Control and Prevention (CDC) in three acute care hospitals led to the identification of the major causes of slips, trips, and falls, along with the development of effective measures for preventing them.
Over a 10-year period following the implementation of these preventive measures, workers' compensation costs arising from slips, trips, and falls in the three hospitals declined by 59 percent. These preventive measures could help reduce your workers' comp costs, too.
What's Tripping Up Workers?
The specific causes of slips, trips, and falls may vary—the slick floors in your workplace might be created by a different substance than those in a hospital—but the prevention principles can be broadly applied to any workplace and any industry.
Major risk factors identified by NIOSH and the CDC include:
1. Contaminants on floors and walkways. Kitchens, bathrooms, building entrances, and other areas where floors and walkways are often wet or contaminated present this type of risk. Effective preventive measures include:
- Well-documented housekeeping procedures. The CDC suggests creating a written housekeeping program.
- Two-step mopping. This technique, in which a cleaning solution is applied, then removed, is more effective than traditional damp-mopping and may reduce slipping hazards.
- Slip-resistant shoes. In persistently slick areas, workers should wear appropriate footwear.
- Correctly aligning pipes with the drain they empty into, unclogging drains regularly, and redirecting downspouts away from sidewalks.
2. Indoor walking surface irregularities. Damaged, warped, buckled, or uneven flooring surfaces can cause employees to slip, trip, or fall. Control this risk by:
- Replacing or re-stretching loose or buckled carpeting
- Removing, patching underneath, and replacing indented or blistered vinyl tile
- Eliminating trip hazards over a quarter-inch high in all areas of pedestrian travel, using beveling or ramps
- Replacing smooth flooring materials in areas normally exposed to water, grease, and/or particulate matter with rougher-surfaced flooring
- Making sure elevators are leveled properly so elevator floors line up evenly with hallway floors
3. Outdoor walking surface irregularities. Outdoor falls can result from poorly maintained, uneven ground; protruding structures; holes; and rocks, leaves, and other debris. Improve safety by:
- Patching or filling cracks greater than a half-inch wide in walkways
- Highlighting changes in elevation with Safety Yellow warning paint
- Eliminating concrete wheel stops in parking lots
- Covering or highlighting underground watering system structures
4. Weather conditions. Ice, snow, and rain can cause slips and falls. In areas where this is a problem, you can improve safety by:
- Providing additional mats when needed
- Removing ice and snow from parking lots, garages, and sidewalks promptly
- Placing freezing weather warning monitors at entrances to employee parking areas
- Displaying contact numbers for the maintenance department so employees can report slick conditions
- Placing bins of ice-melting chemicals in outdoor areas of heavy pedestrian traffic
5. Inadequate lighting. Inadequate lighting makes it harder to see hazards. Make hazards visible by:
- Installing more light fixtures and/or brighter bulbs in poorly lit areas
- Installing light fixtures that emit light from all sides
6. Stairs and handrails. Poorly designed or maintained stairs and handrails can lead to falls. Make these safer with:
- Slip-resistant treads and nosing that cover the entire tread, especially on outside steps
- Handrails at an appropriate height (34 to 38 inches from the stepping surface)
- Handrails that extend the full length of the stairs plus 12 inches at top and one tread depth at bottom
7. Tripping hazards. General clutter, loose cords, hoses, and wires pose a tripping hazard along with improperly used floor mats. Eliminate these by:
- Using wall-mounted storage hooks, shelves, and hose spools
- Marking walkways and keeping them clear
- Covering cords on the floor with a beveled protective cover
- Using mats and runners large enough that users can take several footsteps on them, thereby cleaning contaminants off their shoes before the shoes contact the flooring
- Using beveled-edge, flat, and continuous or interlocking mats
- Replacing mats that are curled, ripped, or worn (secure edges with carpet tape if needed)
Are You and Your Workers Ready for the Summer Heat?
Wednesday, May 23, 2012 3:00 AM
by Chris Kilbourne
Source: https://safetydailyadvisor.blr.com
Every year, thousands of workers become sick from exposure to heat, and some even die. But your people don't have to suffer. These illnesses and deaths are preventable.
With summer just around the corner and heat and humidity on the rise, many employers need to start thinking about and planning to prevent employee heat-related illness.
Although OSHA doesn't have a specific standard that covers working in hot conditions, under the General Duty Clause of the OSH Act, you nevertheless have a duty to protect workers from recognized serious hazards in the workplace, including heat-related hazards.
This means right off the bat you need answers to three very important questions.
What Is Heat Illness?
The body normally cools itself by sweating. During hot weather, especially with high humidity, sweating isn't enough. Body temperature can rise to dangerous levels if precautions are not taken. Heat illnesses range from heat rash and heat cramps to heat exhaustion and heat stroke. Heat stroke can result in death and requires immediate medical attention.
Who Is Affected?
Workers exposed to hot and humid conditions are at risk of heat illness, especially those doing heavy work tasks or using bulky protective clothing and equipment. Some workers might be at greater risk than others if they have not built up a tolerance to hot conditions.
How Can Heat Illness Be Prevented?
Remember these three words:
- Water
- Rest
- Shade
Drinking water often, taking breaks, and limiting time in the heat can help prevent heat illness. Include these prevention steps in worksite training and plans.
Additional steps can also help prevent heat-related illness on the job whether employees are working outside or inside in a hot environment:
- Gradually increase workloads and allow more frequent breaks during the first week or so of hot weather for all heat-exposed workers.
- Pay special attention to workers who are new on the job or have been away from work for a week or more when the weather is hot. Make sure supervisors acclimate (or reacclimate) them properly to working in the heat.
- Also make sure employees and supervisors know the symptoms of heat illness and look out for these signs in themselves and others during hot weather.
- Plan for heat-related emergencies, and make sure everyone knows what to do. Acting quickly in heat illness emergencies can save lives.
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Using the Heat Index
Workers become overheated from two primary sources:
- Environmental conditions in which they work (whether hot weather outside or hot conditions inside)
- Internal heat generated by physical labor
To make sure workers keep safe as the heat rises, review this table, which matches temperatures, risk levels, and protective measures for high temperatures:
|
Heat Index |
Risk Level |
Protective Measures |
| Less than 91ºF | Lower caution | Basic heat safety and planning |
| 91ºF to 103ºF | Moderate | Implement precautions and heighten awareness |
| 103ºF to 115ºF | High | Additional precautions to protect workers |
| Greater than 115ºF | Very high to extreme | Triggers even more aggressive protective measures |
For lower caution risk level, encourage workers to:
- Drink plenty of water (make sure it is available).
- Wear a hat and sunscreen.
- Take rest breaks in an air conditioned or cool, shaded area.
- Acclimate if new or returning to work and performing strenuous work.
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For moderate risk level, encourage workers to take all of the precautions above, plus:
- Watch for signs of heat stress (be sure to review signs in a safety meeting and instruct supervisors to watch for symptoms).
- Drink at least 4 cups of water every hour (make sure it is available).
- Report heat-related symptoms immediately and seek appropriate first aid (explain who to call and review first aid for heat illness in safety meeting).
- Call 911 if a worker loses consciousness or appears confused or uncoordinated.
For the high risk level, you should take these additional precautions to protect workers:
- Increase rest periods.
- Designate a knowledgeable person (well informed on heat-related illness) at the worksite to determine appropriate work/rest schedules.
- Reduce the workload, and pace strenuous work tasks.
- Make sure cool, fresh water is available, and remind workers to drink plenty of water every 15 to 20 minutes.
For very high and extreme risk levels:
- Reschedule all non-essential outdoor work to days when the heat index is lower.
- Move essential outdoor work to the coolest part of the work shift.
- As much as possible allow for earlier start times, split shifts, or evening and night shifts.
- Prioritize and plan essential work tasks carefully. Strenuous work tasks and those requiring the use of heavy or non-breathable clothing or impermeable chemical protective clothing should not be conducted when the heat index is at or above 115°F.
- Stop work if essential control methods are inadequate or unavailable when the risk of heat illness is very high.