ASSE Update John Newquist

johnanewquist@gmail.com 815-354-6853

Objectives

• Electronic Recordkeeping, • Drug Testing • Recordkeeping issue • OSHA Data

What is the Final Rule? ● OSHA is calling on employers to

submit data already being collected on workplace injuries and illnesses.

● Data will be made public to further encourage focus on workplace safety.

● Rule reinforces existing provisions meant to prevent retaliation against employees who file injury reports.

Why is OSHA issuing this rule? ● Public accountability will encourage

employers to focus on safety. ● More attention to safety will save

lives and limbs of workers. ● Ultimately, a safe work environment

also helps the bottom line. ● Accuracy of injury data will improve

because workers will not fear retaliation for filing a report.

What does the rule require? ● Takes effect January 1, 2017. ● Requires certain employers to

electronically submit injury and illness data.

● This data is already being collected via onsite injury and illness forms.

● Data will be analyzed internally and some posted to the OSHA website.

Anti-Retaliation Protections ● Final rule requires employers to inform

employees of their right to report work-related injuries and illnesses.

● The procedure must be reasonable and not discourage employee reports.

● Employers may not retaliate against employees for reporting injury or illness.

● Effective August 10, 2016.

Provision Against Retaliation In addition to § 1904.35, section 11(c) of the OSH Act also prohibits you from discriminating against an employee for reporting a work-related fatality, injury, or illness. That provision of the Act 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.

Who is required to submit injury data?

Yearly: ● Establishments with 250 or more employees. ● Establishments in a designated high-risk

industry with 20 or more employees but fewer than 250 employees.

When notified by OSHA in writing: ● All other establishments.

Submitting Injury and Illness Data Injury and illness data must be submitted electronically via secure Web site provided by OSHA. The following data is not required to be included in your submission:

employee name, employee address, name of physician / health care professional, name and address of treatment facility (if treatment given away from worksite).

Compliance Schedule Establishment with 250 or more employees:

DATA: SUBMIT BY:

2016 Form 300A July 1, 2017

All 2017 Forms (300A, 300, and 301)

July 1, 2018

Everything, starting in 2019 March 2

Compliance Schedule Establishment with 20-249 employees (designated high-risk industry):

DATA: SUBMIT BY:

2016 Form 300A July 1, 2017

2017 Form 300A July 1, 2018

Everything, starting in 2019 March 2

Summary

• Electronic recordkeeping • Under the new rule, all establishments with

250 or more employees in industries covered by the recordkeeping regulation must electronically submit to OSHA injury and illness information from OSHA Forms 300, 300A, and 301.

• Establishments with 20-249 employees in certain industries* must electronically submit information from OSHA Form 300A only.

• Form 300 (the Log) – All collected data fields on the 300 Log will generally be made available on the Web site.

• Requirements take effect Aug. 10, 2016, with phased in data submissions beginning in 2017.

• Employee names will not be collected

Drug Testing

• OSHA’s interprets this rule broadly to prohibit mandatory post-accident drug testing, concluding that such tests discriminate against employees on the basis of injury and illness reporting.

• OSHA further explains that incentive programs are retaliatory if they offer benefits to employees or workforces who do not report injuries and illnesses

• OSHA announced that it was delaying the enforcement date of the new rules to December 1, 2016

Drug Testing

• While the text of the new regulation does not mention post-injury drug and alcohol testing, the comments to the final rule expressly address that subject and explain that “blanket post-injury drug testing policies deter proper reporting.”

Drug Testing

• According to OSHA, substantial data supports their position that many workers have been deterred from reporting injuries to their employer because of their employer’s post-injury drug and alcohol testing policy.

Drug Testing

• The comments further explain that an appropriate post-injury drug and alcohol testing policy must be limited to situations where “a reasonable possibility that drug use by the reporting employee was a contributing factor to the reported injury or illness.”

Drug Testing

• OSHA emphasized that the intent of the final rule is not to ban all post-injury drug and alcohol testing, but to require employers to “strike the appropriate balance” by “limit[ing] post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use.”

OSHA 300 Audits – 2016

• Injuries translate to NO Action • The plant has two puncture injuries from splinters and fiberglass in

2015 that were recorded on the OSHA 300. • No puncture resistant gloves used.

OSHA 300 Audits – 2016

• Several temp employee injuries did not have an OSHA 301 form or equivalent.

OSHA 300 Audits – 2016

• The 4/15/2015 injury was recorded as 7 days restricted when it was 15 days per doctor notes.

• The 9/15/2015 carpal tunnel injury did not count days away for surgery.

Data

• If you make it easier to use safety, more likely it will be used and get done.

• Cones, grease gun, lockout, brooms.

• Kevin O’Leary

Data

• 35% of all fatalities occurred in workers age 55 or older, with 1,691 deaths.

• This is the highest number of fatalities ever recorded for this group of workers.

Older workers • The preliminary number of

workers ages 55 and older who died on the job was "the highest total ever reported" by the bureau's census.

• The number jumped from 1,490 in 2013 to 1,621 in 2014, a 9 percent rise.

Region V Fatalities

• OSHA in Region 5 had 140 investigated fatalities in 2015 up +28.

• 48 Illinois. • 29 in Wisconsin up 50% • 48 in Ohio

• 227 Struck by • 185 Falls • 166 Caught in • 41 Electrocutions • 32 Exposure • 30 Other • 20 Fire/Explosion

Region V Fall Fatalities 2010-2014

• 25 Ladders • 19 Roofs • 18 Same Surface • 16 Other • 14 Aerial Lift • 9 Nonmoving Vehicle

Region V Most Cited Areas

• Machine Guarding 1910.212(a)(1)

• GHS 1910.1200(e) • GHS 1910.1200(h) • 5(a)(1) • Machine Guarding

1910.212(a)(3)

OSHA In Region 5 - 2016

• 6200 inspection in 2015 • 68 Sigcases +14 egregious cases • 47% construction • 44% programmed

Leadership in Region V

• Ken Atha • 20 Years Experience • Regional

Administrator • Area Director

Last Year of Dr. Michaels • May 2015 • “We think we're only

getting a very small portion of the accidents that should be reported,” said Dr. David Michaels, the U.S. Assistant Secretary of Labor for Occupational Safety and Health who is in charge of OSHA.

“When we investigate, we see that most employers don’t treat temporary workers the way they treat their permanent employees — they don’t provide them with the training that is necessary.”

Aug 2016

• Settlement • The Secretary alleged in the

Complaint that US Steel’s Immediate Reporting Policy discourages reasonable employees from reporting injuries as soon as they realize they have been injured because they risk violating US Steel’s temporally stringent requirement under the Immediate Reporting Policy.

Aug 2016 • The new civil

penalty amounts • Aug. 1, 2016 • The maximum

penalty for willful or repeated violations will increase from $70,000 to $124,709

OSHA

• “We are swamped with AMPUTATIONS”

• OSHA October 2016

OSHA Training September 2016

• Falls • Confined Space • Work Zone • Cranes/Rigging • Silica • Trenching

Questions?

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