OSHA Recordkeeping: An Annual Opportunity

Presented by:Aaron Lilach, CSMFounder & CEOAssured Services, LLC

A few words from our attorneys: all recommendations from Assured Services, LLC are purely advisory to help organizations identify and effectively control exposures to loss. We do not infer or imply in the making of recommendations and comments that all possible hazards are noted or to indicate that other hazards do not exist. The maintenance of safe premises, operations, vehicles and equipment, the avoidance of unsafe conditions and practices, and compliance with Federal, State and local statutes and laws are the sole responsibility of the session attendee, client or prospective client.

Simplifying a Complex World

Webinar Objectives

• Provide you with a simplified explanation of 29 CFR 1904, OSHA’s recordkeeping rule.

• Allow you to learn the basics of recordkeeping requirements, including timelines and what forms are required.

• Discuss the importance of OSHA incident rates to your organization.

• Review the new reporting requirements being proposed by OSHA.

The Formula

OSHA Recordable

Meets Criteria

Work Related

Incident

Work Comp Vs. Recordable

• Workers’ Compensation determinations do NOT impact OSHA recordability. – Some cases may be OSHA recordable and

compensable.

– Some cases may be compensable, but not OSHA recordable.

– Some cases may be OSHA recordable, but not compensable.

Incident

• New or aggravated injury or illness• Not an exposure– Unless exposure results in injury or illness

Incident

Work Related

• Work environment:– Caused incident– Contributed to incident– Significantly aggravated previous injury or illness

Work Related

Typically Not Work Related

• No discernable cause• Member of general public• Results at work but caused elsewhere• Voluntary wellness participation• Food or drink consumption

– Unless contaminated by work atmosphere• Personal tasks off duty• Self-inflicted• Crashes while commuting (including lots)• Colds, flu, mental illnesses - unless caused by work

Recording Criteria

• Incident resulting in:– Death– Loss of consciousness– Days away from work– Restricted work activity or job transfer– Medical treatment beyond first aid

Meets Criteria

The Formula

OSHA Recordable

Meets Criteria

Work Related

Incident

Remove one, and the incident is not

recordable.

Records Required

• Utilize the following forms:– OSHA Form 301 – Injury and Illness Incident

Report– OSHA Form 300 – Log of Work-Related Injuries

and Illnesses– OSHA Form 300A – Summary of Work-Related

Injuries and Illnesses• File and update as necessary for 5 years

Forms available for free here: https://www.osha.gov/recordkeeping/RKforms.html

Important Timelines

• After the report of an injury:– 7 days to record on 301 and 300– Pro Tip: make this a part of your incident

investigation process!• After a fatality or 3 or more hospitalized:– Notify OSHA within 8 hours (800.321.OSHA)

Important Timelines

• At the end of the calendar year (NOW!)– Review 300 log– Create 300A (annual summary)– Certify the summary– Post from 2/1 thru 4/30

Counting Days

• Skip day of incident• Count calendar days, not work days• Use doctor releases, not employee “preference”• Cap days at 180• Stop counting if they leave– Unless leaving due to injury, then estimate

• Estimate days if DART extends from year to year

Medical Treatment or First Aid

• ER may not equal recordable!• Doctor visit may not equal recordable!• First aid treatment is not recordable!• Diagnostics are not recordable!• Any prescribed med is recordable!

The Complications

• Multiple locations– Central location recordkeeping OK if can be

reported and produced within 7 days– Same Employer? Injuries are location specific– Separate Employer? Injuries are home based

Temp Workers

• General rule: if you supervise them, they are your incidents!

The Meat & Potatoes

(# of recordables X 200,000) # of hours worked

= OSHA Recordable Rate

• If this is above nat’l avg… your workplace will be targeted for inspection!

Calculate your rate here: http://data.bls.gov/iirc/

Action Plan

• Ensure all incidents are reported• Audit all records of incidents for recordability• Monitor your performance more than OSHA

requires• Take action BEFORE your numbers surpass the

nat’l avg

OSHA’s Future Plans

• Now: 180,000 businesses submit records• Future: 440,000 anticipated to submit records• How?– Online submission of records, based on employee

count– 21-250 employees, annually submit:

• 300A annual summary

– 250+ employees, quarterly submit:• 300 log• 301 individual incident reports

OSHA’s Future Plans

• Oh, and BTW…

ALL DATA WILL BE PUBLIC INFO!

OSHA’s Future Plans

• Make your voice heard!• Comment period open until February 6, 2014• Comment here:

http://www.regulations.gov/#!documentDetail;D=OSHA-2013-0023-0001

About Us

Assured Services is a safety consultancy firm headquartered in Menomonee Falls, Wisconsin.

We offer our expertise to improve outcomes through:– Strategic Planning– Risk Identification– Systematic Improvement– Workforce Development

Led by a National Safety Council award winning safety professional, we come equipped with a strong passion for obtaining outstanding results.

Simplifying a Complex World

info@assuredservicesllc.com www.assuredservicesllc.com262.345.7955