Employers are pleased with today's Final Rule eliminating some of the more burdensome electronic submission requirements for workplace injuries and illness data, but now employers need to meet the existing dates for completion and posting of data, as well as electronic submission of 300A Summary information. But what about states who have not yet adopted Fed-OSHA's electronic submission requirements and California, which has passed its own law?
OSHA has announced Rulemaking to eliminate the requirement that covered employers electronically submit the detailed OSHA Forms 300 and 301 and announced Rulemaking to so change the current Obama era rule. However, litigation has also been commenced to compel OSHA to follow the current Rule. We break down the Proposed Rulemaking and status of litigation, and actions employers should take.
It may be more entertaining to describe heated disagreement between employers, OSHA and unions, but areas of tacit agreement are more significant, at least when it comes to guaranteeing worker safety.
OSHA has limited resources and needs data to effectively target the use of those resources, so attendees were generally positive about the results of the first year of the Severe Injury Reporting requirements, 1904.39.
Now that you have had some practice on what illnesses and injuries should be recorded on the OSHA recordkeeping logs, let's examine the most common errors we see when actually filling out the logs properly with that injury and illness information.
Come January 1, 2015, OSHA’s newly announced Recordkeeping changes will cause the most problems for manufacturers because the amputation reporting requirements will trigger more OSHA inspections, but the LARGEST group affected will be auto dealers. Traditionally retail new and used car dealers have not had to maintain the OSHA 300 injury and illness log and post the annual Summary from February 1 through April 30.
How did you do last week? Time to brush up on your new cases rules?
This week's scenarios assume that the injury or illness is a new case and is work related, focusing on the general OSHA recordkeeping criteria.
How did you do last week? Time to brush up on your work relatedness rules?
This week's quiz focuses on new cases. Only new cases of injury or illness must be recorded on the OSHA log. OSHA states that an employer must consider an illness or injury to be a new case if: (1) The employee has not previously experienced a recorded injury or illness of the same type that affects the same part of the body, or (2) The employee previously experienced a recorded injury or illness of the same type that affected the same part of the body but had recovered completely (all signs and symptoms had disappeared) from the previous injury or illness and an event or exposure in the work environment caused the signs or symptoms to reappear.
Welcome back to our recordkeeping series. Hopefully last week's questions made you stop and think about what goes on your logs and what does not. This week continues to focus on work-relatedness and explores some of the more difficult issues on that subject.
There has been significant focus on recordkeeping since OSHA announced changes to the list of industries that are exempt from the requirement to routinely keep OSHA injury and illness records in September. In light of this focus and the new changes, now is a good time to check your recordkeeping prowess (whether you are new to the list or not) before the new requirements go into effect on January 1, 2015. Deciding what injuries or illnesses get recorded on the OSHA 300 log, and then properly recording them, is deceptively more difficult than some employers realize. We regularly review OSHA 300 logs and it is rare to find one that is completed 100% correctly.
In a recent and somewhat surprising decision, the Occupational Safety & Health Review Commission held that the confidentiality provisions of the Family and Medical Leave Act (FMLA) supersede OSHA’s recordkeeping requirements.