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OSHA'S New Injury and Illness Recordkeeping Requirements -- Hey

VIEWS: 7 PAGES: 14

									    OSHA’s NEW INJURY AND
   ILLNESS RECORDKEEPING
       REQUIREMENTS
        -- HEY! THIS ISN’T ERGONOMICS!

Presenter: Arthur Sapper
Author: Robert Gombar
Keywords: OSHA, injury, illness,
recordkeeping, compliance, requirements

                  McDermott, Will & Emery   1
 OSHA’S NEW INJURY AND
ILLNESS RECORDKEEPING
    REQUIREMENTS
  -- HEY! THIS ISN’T ERGONOMICS!
                    FOR

 ACADEMY OF CERTIFIED HAZARDOUS
      MATERIALS MANAGERS

             Arthur Sapper
        MC DERMOTT, WILL & EMERY
              AUGUST 2001



            McDermott, Will & Emery   2
THE NEW RECORDKEEPING
     RULES -- STATUS
• MANDATED REVIEW -- CARD MEMO
• NAM LAWSUIT
• KEY ISSUES:
  – AGGRAVATION OF NON-WORK-RELATED
    CONDITIONS
  – 10 DECIBEL THRESHOLD FOR HEARING LOSS
  – PRIVACY PROTECTION
  – MSD COLUMN (ERGONOMICS)
• WHAT’S LIKELY TO HAPPEN?
• WHAT CAN WE EXPECT FROM OSHA DURING
  THE BUSH ADMINISTRATION?

                 McDermott, Will & Emery    3
               KEY DATES
•   MOVE TO REVISE RULES STARTS -- 1986
•   NEW RULES PROMULGATED -- 1/19/01
•   NEW RULES EFFECTIVE -- 1/1/02 (??)
•   OLD OSHA 200 FORM -- USE DURING 2001
•   START USING OSHA 300 FORM -- 1/1/02 (??)
•   POST 2001 DATA USING 200 FORM -- 2/1/02
•   POST 2002 DATA USING 300A FORM
    -- 2/1/03 (??)


                   McDermott, Will & Emery     4
            WHAT’S CHANGED?
            OLD RULES                               NEW RULES

•   COVERAGE -- EMPLOYERS             •   COVERAGE -- CHANGES IN
    WITH 10 OR FEWER                      RETAIL AND SERVICE
    EMPLOYEES -- ALSO LOW                 INDUSTRIES -- E.G., FUEL
    HAZARD RETAIL AND SERVICE             DEALERS (598) AND DRY
    EMPLOYERS -- NOT COVERED              CLEANERS (721) ARE COVERED -
                                          - DOCTORS (801) AND DENTISTS
                                          (802) ARE NOT
•   FORMS -- 2 FORMS -- OSHA 200      •   FORMS -- 4 FORMS -- OSHA 300
    (LOG & SUMMARY) AND 101               (LOG), 300A (SUMMARY), 301
    (SUPPLEMENTAL RECORD)                 (INCIDENT REPORT), PRIVACY
                                          CONCERN LIST
•   TIME TO RECORD -- WITHIN 6        •   TIME TO RECORD -- WITHIN 7
    “WORKING” DAYS
                                          “CALENDAR” DAYS


                          McDermott, Will & Emery                        5
                      CHANGES
•   WORK RELATIONSHIP --             •   WORK RELATIONSHIP --
    INCLUDED IF WORK CAUSED              INCLUDED IF WORK CAUSED
    OR CONTRIBUTED TO INJURY             OR CONTRIBUTED TO INJURY
    OR ILLNESS, OR                       OR ILLNESS, OR
                                         “SIGNIFICANTLY
    “AGGRAVATED” A PRE-
                                         AGGRAVATED” A PRE-
    EXISTING CONDITION                   EXISTING CONDITION

•   INJURY V. ILLNESS -- MUST        •   INJURY V. ILLNESS --
    RECORD ALL ILLNESSES AND             DISTINCTION ELIMINATED --
    INJURIES THAT MEET THE               MUST RECORD IF DEATH, DAYS
    CRITERIA                             AWAY FROM WORK, JOB
                                         RESTRICTION OR TRANSFER,
                                         MEDICAL TREATMENT BEYOND
                                         FIRST AID, LOSS OF
                                         CONSCIOUSNESS -- PLUS OTHER
                                         SPECIFIC SITUATIONS


                        McDermott, Will & Emery                     6
                       CHANGES
•   SIGNIFICANT INJURY OR             •   SIGNIFICANT INJURY OR
    ILLNESS -- CATEGORY DID NOT           ILLNESS -- NEW CATEGORY --
    EXIST                                 RECORD IF A “SIGNIFICANT”
                                          INJURY OR ILLNESS IS
                                          DIAGNOSED BY A PHYSICIAN
                                          OR OTHER LICENSED HEALTH
                                          CARE PROFESSIONAL (E.G.,
                                          CANCER, FRACTURED BONE)

                                      •   NEEDLESTICK & SHARPS
•   NEEDLESTICK & SHARPS                  INJURIES -- MUST RECORD ALL
    INJURIES -- RECORD IF MEETS           SUCH INJURIES IF INVOLVE
    REGULAR CRITERIA FOR                  HUMAN BLOOD OR OTHER
    INJURIES (OR EMPLOYEE                 POTENTIALLY INFECTIOUS
    SEROCONVERTS)                         MATERIALS (PRIVACY
                                          CONCERN CASES)

                         McDermott, Will & Emery                        7
                      CHANGES
•   HEARING LOSS -- RECORD IF A       •   HEARING LOSS -- RECORD IF A
    25 DECIBEL HEARING LOSS IN            10 DECIBEL HEARING LOSS
    ONE OR BOTH EARS WHEN                 (STS) IN ONE OR BOTH EARS
    COMPARED TO THE BASELINE              WHEN COMPARED TO THE
    AUDIOGRAM                             BASELINE AUDIOGRAM



•   TUBERCULOSIS -- IF ACTIVE         •   TUBERCULOSIS -- PRESUMED
    CASE OR POSITIVE TB SKIN              (REBUTTABLE) WORK
    TEST, PRESUMED                        RELATED IF EMPLOYEE
    (REBUTTABLE) WORK                     EXPOSED AT WORK TO A
    RELATED IF EMPLOYEE WAS IN            KNOWN, ACTIVE TB CASE
    A HIGH RISK INDUSTRY




                         McDermott, Will & Emery                        8
                     CHANGES
•   MUSCULOSKELETAL                 •   MUSCULOSKELETAL
    DISORDERS (MSD) --                  DISORDERS (MSD) --
    RECORDABILITY DIFFERED              RECORDABILITY BASED ON
    BETWEEN MSD INJURY AND              THE SAME CRITERIA AS ANY
    MSD ILLNESS                         OTHER INJURY OR ILLNESS
                                        (SEPARATE MSD BOX ON LOG)


                                    •   MEDICAL REMOVAL -- IF
•   MEDICAL REMOVAL --                  REQUIRED BY SPECIFIC OSHA
    RECORDABLE ONLY IF MET              STANDARDS, MUST BE
    DAYS AWAY FROM WORK,                RECORDED EVEN IF USUAL
    RESTRICTED WORK, OR JOB             CRITERIA NOT MET
    TRANSFER CRITERIA




                       McDermott, Will & Emery                      9
                    CHANGES
•   MENTAL ILLNESSES --            •   MENTAL ILLNESSES --
    GENERALLY RECORDABLE IF            GENERALLY NOT
    “DIAGNOSED”                        RRECORDABLE -- ONLY IF
                                       EMPLOYEE VOLUNTARILY
                                       PROVIDES AN OPINION FROM A
                                       QUALIFIED HEALTH CARE
                                       PROFESSIONAL THAT THE
                                       MENTAL ILLNESS IS WORK
                                       RELATED




                      McDermott, Will & Emery                   10
                    CHANGES
•  DAYS AWAY, JOB                 •  DAYS AWAY, JOB
   RESTRICTION, JOB TRANSFER:        RESTRICTION, JOB TRANSFER:
1. ROUTINE JOB FUNCTIONS --       1. ROUTINE JOB FUNCTIONS --
   ANY ACTIVITY AN EMPLOYEE          ANY ACTIVITY AN EMPLOYEE
   WOULD BE EXPECTED TO              WOULD BE EXPECTED TO
   PERFORM (EVEN IF ONLY ONCE        PEFORM AT LEAST ONCE PER
   A YEAR)                           WEEK
2. COUNTING STARTS -- THE DAY     2. COUNTING STARTS -- THE DAY
   THAT THE INJURY OR ILLNESS        AFTER THE INJURY OR ILLNESS
   OCCURRED                          OCCURRED
3. COUNTINNG SYSTEM -- COUNT      3. COUNTING SYSTEM -- COUNT
   DAYS EMPLOYEE WAS                 ALL CALENDAR DAYS -- MAY
   SCHEDULED TO WORK -- NO           STOP AT 180 DAYS OR (FOR
   ARBITRARY LIMIT TO NUMBER         RESTRICTION) WHEN JOB
   OF DAYS                           MODIFIED




                      McDermott, Will & Emery                  11
                      CHANGES
•   MEDICAL TREATMENT/ FIRST         •   MEDICAL TREATMENT/
    AID -- MEDICAL TREATMENT IS          FIRST AID -- MEDICAL
    ANY TREATMENT OTHER THAN             TREATMENT IS THE
    FIRST AID ADMINISTERED TO            MANAGEMENT AND CARE
    AN INJURED OR ILL EMPLOYEE           OF A PATIENT TO COMBAT
    -- OSHA’S RECORDKEEPING              DISEASE OR DISORDER --
    GUIDELINES (“BLUE BOOK”)             FIRST AID IS DEFINED
    PROVIDED EXAMPLES TO AID             COMPLETELY AND
    AN EMPLOYER IN                       EXCLUSIVELY BY A LIST OF
    DISTINGUISHING BETWEEN               14 SPECIFIC TREATMENTS --
    FIRST AID AND MEDICAL                IF A TREATMENT IS NOT ON
    TREATMENT                            THE LIST, IT IS NOT FIRST
                                         AID -- SOME CHANGES (E.G.,
                                         BUTTERFLY BANDAGES &
                                         STERI-STRIPS NOW FIRST
                                         AID)

                        McDermott, Will & Emery                  12
                      CHANGES
•   PROVIDING RECORDS TO             •   PROVIDING RECORDS TO
    GOVERNMENT -- ACCESS MUST            GOVERNMENT -- COPIES MUST
    BE PROVIDED, BUT NO TIME             BE PROVIDED WITHIN 4
    PERIOD SPECIFIED                     BUSINESS HOURS OF THE
                                         REQUEST
•   PROVIDING COPIES OF
    RECORDS TO EMPLOYEES,            •   PROVIDING COPIES OF
    FORMER EMPLOYEES, AND                RECORDS TO EMPLOYEES,
    REPRESENTATIVES -- ACCESS            FORMER EMPLOYEES, AND
    MUST BE PROVIDED, BUT NO             REPRESENTATIVES -- COPIES
    TIME PERIOD PROVIDED                 MUST BE PROVIDED BY THE
                                         END OF THE NEXT BUSINESS
                                         DAY




                        McDermott, Will & Emery                      13
                      CHANGES
•   ANNUAL SUMMARY                    •   ANNUAL SUMMARY
    CERTIFICATION --                      CERTIFICATION -- “COMPANY
    CERTIFICATION BY A                    EXECUTIVE” MUST CERTIFY
    “COMPANY EXECUTIVE” NOT               THAT THE ANNUAL SUMMARY
    REQUIRED                              IS CORRECT AND COMPLETE

                                      •   STATE PLANS --
                                          RECORDKEEPING MUST BE
•   STATE PLANS -- ONLY                   SUBSTANTIALLY IDENTICAL --
    GUIDANCE IS A BRIEF                   ANY CHANGES MUST HAVE
    REFERENCE TO SEC. 18 OF THE           APPROVAL OF FEDERAL OSHA
    ACT




                         McDermott, Will & Emery                   14

								
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