William CoulehanOSHA - Retired

DAVID A. WARD SR. PRESIDENT

Corporate Office /Training Center Indiana Office /Training Center

9930 W. 190th St. Suite L. 5209 Hohman Ave.Mokena, IL 60448 Hammond, IN 46320708-326-3058 219-669-9043

TOPICS

Recordkeeping UpdateWhat’s NewOSHA WebsitePartial Exemption New Reporting Requirements

Proposed ChangeElectronic Filing

Basics

EnforcementRegion V

FederalIllinois, Ohio, WisconsinExcept employees of “local” Government

State PlansIndiana, Michigan, Minnesota

OFFICES in ILLINOIS

AURORA - (630) 896-8700CALUMET CITY - (708) 891-3800CHICAGO NORTH - (847) 803-4800PEORIA - (309) 589-7033FAIRVIEW HEIGHTS - (618) 632-8612

IOSHA - (317) 232-2655

New Interpretations

12/16/14 – New Reporting Requirements12/12/14 – Kinesiology Tape - Medical Treatment

10/12/14 – Prescriptions Antibiotics – Medical Treatment

10/20/14 – Travel Status8/18/14 – Pre-Existing Conditions2/28/14 – Multiple Business Establishments2/28/14 – Pre-Existing Conditions

OLD : Appendix based on SIC codes

New : Appendix based on NAICS code

Size : Did Not Change – Must Keep OSHA 300 if More than 10 Employees

Based on the size of the company, not an individual site

Partial Exemption

14

Partial Exemption

Employers that are partially exempt from the recordkeeping requirements because of their size or industry must continue to comply with:

1904.39, Reporting fatalities, amputations, the loss of an eye, or the in-patient hospitalization of one or more employees

1904.41, Annual OSHA injury and illness survey (if specifically requested to do so by OSHA)

1904.42, BLS Annual Survey (if specifically requested to do so by BLS)

OSHA Poster

15Fatality/Catastrophe ReportingNEW

Report within 8 hours any work-related fatality Report within 24 hours any work-related

amputation, loss of an eye, or in-patient hospitalization of one or more employees

(Note - If Within 24 Hours of Incident)Do not need to report highway or public street

motor vehicle accidents (outside of a construction work zone)

Do not need to report commercial airplane, train, subway or bus accidents

16Fatality/Catastrophe ReportingNEW

Report within 8 hours any work-related fatality

Report to OSHA - Death of Employee must Occur within 30 Days of Incident / Accident

Date of Death DOES NOT Change Classification of Fatality on OSHA 300

Proposed

More than 250 EmployeesElectronic filing of OSHA 300 Quarterly

More than 20 EmployeesElectronic filing of OSHA 300A Annually

Unified Agenda – Next “Action” Date 8/2015

WHYBill’s Opinion

Inspection Hierarchy

Fatality / Catastrophe New Reporting Criteria

Complaints

ProgrammedSIC Codes, Construction Reports, Site Specific Targeting, Punch Presses, Powered Industrial Trucks , CSHO Self-Referrals ……. Have NOT Worked Very Well

Electronic Filing of OSHA 300

Follow-Up

Still protecting the safety and health of the

American worker.

OSHA at 40!

OSHA at 40

Dr. Michaels VisionStronger enforcement: Some employers need

incentives to do the right thing.

Ensure that workers have a voice

Refocus and strengthen our compliance assistance programs

Change workplace culture: Employers must “find and fix” workplace hazards

But ….

Not moving away from voluntary programsConsultation ProgramVoluntary Protection Program - VPPPartnershipsAlliances

Compliance Assistance Specialists (CAS)

AURORA

CALUMET CITY – Vacant

CHICAGO NORTH – Vacant

PEORIA – Vacant

FAIRVIEW HEIGHTS

RECORDKEEPINGOverview -

Purpose – 1904.0Work-Relatedness

Work Environment Exemptions - Listed in 1904.5

Recording Criteria General Recording Criteria DART, Medical Treatment, Significant I / I

Resources Frequently Asked Questions Letters of Interpretation Preamble – 1/19/01 (Last Resort)

Purpose (of the rule)To require employers to record and report work-related fatalities, injuries and illnessesNote: Recording or reporting a work-related

injury, illness, or fatality does NOT mean the employer or employee was at fault, an OSHA rule has been violated, or that the employee is eligible for workers’ compensation or other benefits.

OSHA injury and illness recordkeeping and Workers’ Compensation are independent of each other

1904.33 Retention and Updating

You must save the OSHA log…for five years…

Do I have to update the OSHA 300 log during the five-year storage period?

Yes… newly discovered cases, changes in classification….

RECORDKEEPINGOverview

Calendar Days – Cap at 180Forms

Hearing Loss (Last Change)

Recordable vs. ReportablePrivacy ProtectionRelease Forms WITH employee namesEmployee InvolvementTemporary Employees

1904.7 General Recording Criteria

An (Work Related) injury or illness is recordable if it results in one or more of the following:DeathDays away from workRestricted work activityTransfer to another jobMedical treatment beyond first aidLoss of consciousnessSignificant injury or illness diagnosed by a

PLHCP

1904.5 – …Work EnvironmentThe establishment and other locations where one or more employees are working or are present as a condition of their employment

1904.5 – …Work-Relatedness

Broad ConceptPurpose of Rule

Exemptions Listed in Standard

Preamble – Employer makes Determination

1904.5 – …Work-RelatednessExceptions:Present as a member of the general

publicSymptoms arising in work

environment that are solely due to non-work-related event or exposure

Voluntary participation in wellness program, medical, fitness or recreational activity

Eating, drinking or preparing food or drink for personal consumption

1904.5 – Exceptions• Personal tasks outside assigned

working hours• Personal grooming, self medication

for non-work-related condition, or intentionally self-inflicted

• Motor vehicle accident in parking lot/access road during commute

• Common cold or flu• Mental illness, unless employee

voluntarily provides a medical opinion from a physician or licensed health care professional (PLHCP) having appropriate qualifications and experience that affirms work relatedness

Discernible CauseLetter of Interpretation – 1/13/04

The event of exposure in the work environment is a discernible cause of the injury of illness.Not predominate or only cause

Preamble – “Identifiable Event”

No “Incident”

FAQ 7-24

Employee provided antibiotics for “anthrax” although employee does not test positive for exposure / infection. Recordable?

No…. Employee is not injured or ill

Restricted Work Duty

Routine Task / Function – At least once per Week

1904.7(b)(4)(i)(A) and (B) - The Employer keeps the Employee from Performing one or more Routine Functions or the Health Care Provider Recommends …..

But….

FAQ – 7-19 – Minor Musculoskeletal Discomfort

Health Care Professional determines Employee is capable of performing all duties

Employer assigns work restrictions for the purpose of preventing….

Not Recordable

1904.7(b)(5) – Medical TreatmentMedical treatment is the management and

care of a patient to combat disease or disorder.

It does NOT include:Visits to a PLHCP solely for observation

or counselingDiagnostic proceduresFirst aid

1904.7(b)(5) – First Aid Using nonprescription medication

at nonprescription strength Tetanus immunizations Cleaning, flushing, or soaking

surface wounds Wound coverings, butterfly

bandages, Steri-Strips Hot or cold therapy Non-rigid means of support Temporary immobilization device

used to transport accident victims

1904.7(b)(5) – First AidDrilling of fingernail or toenail,

draining fluid from blisterEye patchesRemoving foreign bodies from eye

using irrigation or cotton swabRemoving splinters or foreign material

from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means

Finger guardsMassagesDrinking fluids for relief of heat stress

Medical Treatment

Once Medical Treatment is ProvidedLetter of Interpretation 4/3/07Example – Goes to E.R. on Weekend –

Occupational Clinic Closed

Once Medical Treatment is Recommended (employee does NOT follow)1904.7(b)(5)(v)

Incident is Recordable

How about a Prescription for (Future) Physical Therapy?

Differing Medical OpinionsMost AuthoritativeContemporaneousLetter of Interpretation 4/3/07

44

Subpart E - Reporting Information to the Government

1904.39 Fatality and catastrophe reporting

1904.40 Access for Government representatives

1904.41 OSHA Survey

1904.42 BLS Survey

451904.40 – Providing Records to Government Representatives

Must provide copies of the records within 4 business hours

Use the business hours of the establishment where the records are located

RECORDKEEPINGOverview -

Purpose – 1904.0Work-Relatedness

Work Environment Exemptions - Listed in 1904.5

Recording Criteria General Recording Criteria DART, Medical Treatment, Significant I / I

Resources Frequently Asked Questions Letters of Interpretation Preamble – 1/19/01 (Last Resort)

RECORDKEEPINGOverview

Calendar Days – Cap at 180Hearing Loss – New CriteriaRecordable vs. ReportablePrivacy ProtectionRelease Forms WITH employee namesEmployee InvolvementTemporary Employees

OSHAwww.osha.gov1-800-321-osha (hot line)

Consultation ProgramsIllinois Department of Labor (They Moved)(800)972-4216 or (312)814-2337www2.illinoisbiz.biz/osha/index.htm

Indiana: INSafe(317)232-2688www.in.gov/dol/insafe.htm

OSHA Resources

QUESTIONS