Sheldon continues his series on OSHA recordkeeping that reviews the basic 5 criteria for considering an illness or injury an OSHA recordable event.
Keywords: OSHA, Recordkeeping, Injury, Illness, BLS, US government, Government, Joe Biden, Sheldon Primus, Safety Consultant, Safety FM, regulations, COVID-19, Reporting, EHS, podcast, Safety, Safety and Health, Safety Culture, BBS, HOP, standards, regulations, worker safety, safety professional
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[00:00:11] spk_1: by safety FM. Welcome to the ocean compliance help show. This is your host, Sheldon Primus. This is the show where I teach you the business of being a safety consultant. Today, we're actually going to go into our second episode related to OSHA recordkeeping. So we didn't want already this one, we're gonna go ahead and talk about a few extra things first. It's gonna be the five step process OSHA recordkeeping. So as a review, we went over In episode one and this is going to be a record keeping 2022 because I've done another one in 2021, but we had a little extra stuff happened in 2021 that is going to really pertain to new record keeping instances. So I figured let's go ahead and do this again because it's top of mind, it's almost two. A compliance deadline from March 1st. Excuse me, March 2nd. So I said, let's go ahead and do this one. I gotta, I gotta make sure that I take care of my peeps and that's you guys. So this is overview. First of what we did. Uh, we talked about who is required to maintain records. We also talked about record keeping with COVID-19. And again, I'm going to tell you with the COVID-19 in case you didn't hear it in the first episode. I definitely would suggest you go back and listen to episode one. But to focus on this slightly as we're doing this intro Would be to make sure that if you do have a cluster more than one person that is diagnosed with COVID-19 one is going to be hard. But the second, the third, the fourth at that point, If any of them become hospitalized, then Oh, she's going to need that call within 24 hours. And if any of them miss work or any of the other things that would put it in the record keeping criteria, record it as a workplace injury. Don't mess around with this. Regardless of how you feel about where they could have got it or anything. You don't want to mess around with this one because it could be a hefty fine. So put politics aside, put everything aside and go ahead and do your due diligence and counted as a recordable workplace injury. Alright, so that's the highlight of part one. Go back and listen to that more. We're gonna go right into part two. So part two, I'm going to go through the five step. Regular five step process for recordkeeping first is to determine and uh quick note sidebar. We're making these quick, we're going to do this short. We're not going to belabor this. It's a whole bunch of information that I would give you at once. So might as well do it in nice bite sized chunks. So that's what we're gonna do. So, first of the five step process is going to be, you need to determine if the injury, their illness, that the workers telling you that they have, is this an abnormal condition. So that's the first thing. So it's the employee experiencing an abnormal condition. So the body is meant to have all its fluids inside and not outside. So, if you're not, I shouldn't say that because we do have something, the weight that comes outside. Yes, but for instance, blood that's meant to stay inside our body. If we start seeing it outside the body, that's an abnormal condition. Right? So then that's the first step. You have an abnormal condition or the worker tells you they got a headache, that's an abnormal condition. You're not supposed to have a headache normally. So therefore, the next thing is to figure out uh you know, the next step was the workers telling you that they had an abnormal condition. Is you want to figure out truly at that point, is this work related. And the criteria for work related is actually more vague or to say more generalized than you would think. That's better. Work, better way saying it more generalized. So, I'm going to read the 1919 04, Section five, where it says work related is determined based on whether or not an event or exposure in the work environment than that's a trigger at their work environment. Either was a discernible cost or contributor to the resulting condition or significantly aggravated a preexisting injury or illness. Work relatedness is presumed for injuries and illness resulting from events or exposures occurring in the work environment. That's that term again, unless an exception specifically applies. So that term work environment that I use twice For 1904, section five, they go into that and says the establishment or location where employees are or are present as a condition of their employment, meaning they gotta be here, they're going to be fired, then that's going to be their work environment. If they're using equipment or material, anything that they're doing in the interest of the employer, Meaning the employer is getting the benefit from the efforts of the worker, then that's going to extend that work environment definition for you. So that's an important one. And just the wording that it says there in 1904, that work relatedness is presumed for injuries and illnesses resulting from an event and exposure occurring in the work environment. Unless the exception applies. Actually, Next episode, we'll get more deep into exceptions this we're just going to give you the processes, so we're not going to get into too many exceptions right now, however, you definitely want to know the exceptions. I will mention a few in just a minor detail, but next episode will really dig into exceptions. So work environment, if you're doing anything in the interests of employer or if you're some place as a condition of your employment at that point, you're in the work environment if there's an illness and injury any kind of significant aggravation to a pre existing condition that is going to mean your exposure at the workplace led to death led to loss of consciousness led to a day away restriction. Transfer case dart. D. A. R. T. Days away. That's the D. A. R. Is the restriction. T. Is the transfer. If the worker now has a dark instance then that is going to be a significant aggravation to a pre existing condition or if they need medical treatment. So they may have let's say the asthma and they're doing some work outside and the inhaler they can't get enough of that inhale or it's still not working. And now in the work environment this has happened. That would be a significant aggravation. Especially uh if that event who goes to a day away a restriction or a transfer or medical treatment. Loss of consciousness. Yeah you gotta put that in as well. So those are some of the things that you're gonna be thinking of for significant aggravation to a pre existing condition. So you got to make sure that you record those things. So that's in that step if you are at work as a member of the public that doesn't count as as being in the work environment and then there's a bunch of exceptions related to that and we're going to do the exceptions in the in the next episode. So we'll keep going on the the record ability sign if there is a work injury, work related injury. If let's say you're traveling, let's say it this way if you're traveling and you have a work related injury, this occurs while the employee is engaged in a work activity in the interest of the employer, employer's interests meets the conditions of work relatedness while checked into the hotel, motel or temporary residents. But it has to be an injury or illness that's taking place inside of the work environment which now would extend to the hotel. But the task of the person is doing is in the interest of the employer. That's uh that's the key. That's the phrase you're going to hear. It's the phrase of the day. If we are drinkers, then I'm sure it's time to do one of those drinking games with interest of the employer. Because we're going to hear that a few times in the short episode work relatedness. If you're at home this one, it is possible for you to say that the work injury it happened at your house, especially now that there's a lot of people that if you have the opportunity to work at home, then you now extend the work environment to the home. But you must prove that there's two parts of this condition, it's work related. If I'm going to read this from 19 oh 45 B. Seven and how did you say that is section five, paragraph B. C, paragraph seven. So work related. If the accident occurred while the employee is performing work for pay or compensation in the home or traveling and so this is a two parter, the work is directly related to the job performance rather than the general home environment. So it's something that you're doing in the interesting employer. That's the job environment. But the injury can't come because you know you fell down the stairs because your toys the kids toys are on the ground and you didn't pick them up even though you had to go up and down the stairs to get to your home office and back. Uh No that's not it, that's not what we're talking about here. So as long as the general home environment is in good condition and the incident was directly related to your job performance, doing something in an interesting employer and you're working at that time. So you're doing some sort of work that's going to be pretty much your your hours since your hours are gonna be flexible, you're doing some work for the employer at that time, then that would become a work related issue. So that one does count. So there's a couple of nuances there, right? You just want to figure out. First, is the employee experiencing an injury or illness? Second, is this work related? Third step or the third condition you're looking for? Is is this a new case or an old case? If it's a new case that means it's a new part of the body that was injured or a new type of illness. If it's an old case then that means the person was completely recovered from that injury or completely recovered from that illness and injured the exact same body part or got the same illness again then that's going to be a new case that time. How you know this is going to be through your doctor when the doctor gives the clearance that clearance for them to come back, the medical release is going to be where you're thinking of. If this happens again new case, if the person did not get that medical release and they go back to work and somehow they're working where they're supposed to be or they? Re injure the same body parts then that's an existing case and you just update the records. So in some cases you may have said from the doctor's note that um if the doctor's first note says that they should be back in 2 to 3 weeks and then all of a sudden they re injure themselves and the doctor says well now it's going to be 4 to 6 weeks. So that's what you're gonna do, you're just going to update your records and then with any record updates. Best practices to do a single line with blue or black ink and you do not use white out for any updates but nice single line through the entry and then go ahead and update it after that, that's best practice for that. If the employee has to follow uh or I should say if the employee must follow the doctor's recommendation. But exactly again, if the doctor releases them and at that point that is going to be a new case. So just make sure you remember that one the last step as if the injured or the person with the illness, they meet anything under the general criteria which is in 1904 section three. Excuse me, section seven and an injury and illness. I'm gonna read this one for you is recordable if a result in one or more of the following death, a dark instance days away restricted transfer medical treatment beyond first aid, loss of consciousness or a significant injury or illness diagnosed by the professional licensed health care provider. So if that is the case then that will hit the general criteria for record keeping. When this happens. You want to make sure that you're going to record your your injury within seven days. Seven calendar days or working days actually for this one. So you want to make sure you get that in and then from there, Make sure I'm trying to go back to my memory on the calendar days because I believe it is going to be seven but it is seven calendar days. I want to make sure it wasn't calendar days are working days because that's a big difference right between which days you have. So let's say you got that notification. Seven calendar days has gone by and you have not put it into 300 log that's the violation there. Let's say you really want to make sure you get that in within seven days so that you can keep yourself in violations. But also its keep on top of that. If you do have a worker who is going to need a day away, a restriction or a transfer when that happens, you're counting not the day of the incident but the next day. And you're gonna keep counting every single day. Regardless if you're open or not, including holidays, vacations, all that you're going to keep counting the days that the person cannot work unless it is 180 days six months in. You can stop your account if a worker leaves the place of employment. But other than that you want to make sure that you're going to keep counting or when of course the doctor gets there, give them a release. Then at that point you have to count because they're released from the doctor to do the regular duty. But Seven calendar days going to get that entry in your 300 log. You're gonna count every single day that this person cannot work as being a day missed. Cap your days at 180. Or if the person leaves then you can go ahead and cap your days. Then the same thing with transfers same thing with restrictions. So you want to make sure again it's not the day of the incident is the following day. Uh That's what you want to make sure that you're gonna you're gonna do. First aid is not recordable but medical treatment is so you want to make sure that you you are definitely attuned to first aid versus medical treatment. There's a lot of nuances to first aid. If you're using non prescription medicine at prescription strength then that's medical treatment. But if it's non prescription medication and non prescription strength, that's first aid. If the person is getting a tetanus shot, that's first aid. Any wound covering including liquid bandages is going to be uh first aid. Once you start using the zip stitch where you start um working. I believe the zip stitch is a product name but I don't understand. I'm not too sure what the actual the thing that they're doing but basically it's an advanced bonding technique that you use with. It's basically I want to say like I said the words are failing me at this point. I got the image in my mind, sip ties. There we go. That's what we're using. No but they're small and they're made specifically for medical. That is actually going to be medical treatment. And it's not first aid. So you want to make sure you don't use those and if you do, you're reporting it as medical treatment. Mhm. Blood borne pathogens is a nuance for record keeping, it depends on how the person is exposed to the blood borne pathogen, if it's recordable right away or recordable delayed. Recordable right away would be if someone gets a needle stick with potentially infectious material and that's recordable. If they get a splash in their eyes, it's not recordable yet until that individual goes and gets diagnosed with some sort of illness. When that happens, then it's a recordable event. So of course you're gonna need to know when that happened. So that's gonna be where your your internal paperwork is going to take over. Someone gets a stick a needle stick automatically. If it's potentially infectious material then you're gonna put that down as a recordable events. If they got splashed in the eye, you're going to have them fill out some sort of form or something that is going to keep you aware that you need to monitor this employee. And then if they get diagnosed with something at that point now you're gonna say that that individual was basically susceptible to that disease and they now are going to have a recordable event if they get diagnosed or something. If a worker is medically removed, meaning the doctor says they're the blood is saturated so much with what the pollutant is then they now cannot be exposed to that until the blood level goes down or what other reason for medical removal then at that point, once the doctor removes them from that uh that medical removal is a recordable event. However, if the worker says well man, I don't feel that great and you're like alright you know your body better than me. So let's go ahead and let's give you you know, instead of working over here will work you over there. All right. At that point then the worker is self restricted themselves. So at that point it is not a recordable event. So voluntary is good. What you want to do in those cases is make voluntary removal an option for your workers. They're going to really appreciate that. We'll cover a couple more and then the next episode we're gonna really deal with exceptions. And I'll give you some examples as well. But right now let's finish up what is recordable. So if you have a hearing loss there's a two parter to this one as well. The first part is a standard threshold shift. So when you're doing your auto metric exam, you're gonna get a lot of different tones that they're gonna play for you at different volumes. And if you're going to OSHA focuses in on three particular tones 5000 and 4000 hertz. So those tones when you hear them. Yeah. And you're going to be pushing that button to tell you oh yeah I hear it oh yeah I hear it. You're pushing that button. Uh then whatever the first year's baseline is decibel wise, how loud those tones are that's going to be recorded. So if there is a threshold shift, a standard thresholds shift, sts, OSHA counts that as those three hertz, that 9000 hertz in one era. Both from the baseline or the previous year. When you have to crank it up Uh there, then you're gonna crank it up 10 decibels more. Then that's the first condition for a hearing loss. The second condition is if the hearing Now you have to crank up 25 decib or more above your autumn, metric zero. Uh And that's average of the 23 and 4000 hertz in the same air that you had the standard threshold shift, then at that point you have experienced a hearing loss. That becomes a recordable events. Great. So those are some of the nuances for tuberculosis. As long as there's exposure only at work, then it is a recordable event. Mm hmm. Mhm. So that's a double 12. And and so 1904, section 11 says record a case where employees is exposed to work to some with a known someone with a known case of active tuberculosis. And the employees subsequently develops a tuberculosis infection. So it has to be at work work related. Uh Someone at the workplace has tv And then now the employee that's exposed to that person gets it as well. At that point it is going to be a recordable issue. Mhm. So next week what I'm gonna do is I'm going to go over the forms. Uh So that's the OSHA 303 100 A 301 forms. We'll go over those we'll go over the exceptions and then after that um we should be good. I'll probably do it like a clean up episode of things that maybe I've missed. But other than that I'm gonna go ahead and count it as we we covered what we need to do today. So thanks for listening. If you have not subscribed to this podcast yet I invite you right now and whatever device you're listening to me on to go ahead and hit subscribe. I want to make sure that we stay connected. So I've been kind of off on Mondays meaning that putting up my episodes right on monday but I don't want you to go away. I don't want you to miss anything so go ahead and hit subscribe. So the next time that I I do an episode is gonna ping for you and it's going to let you know that hey Sheldon's got a new episode of safety consultant and at that point you could hear it. So go ahead and subscribe to whatever area you're listening to. 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[00:27:06] spk_0: views and opinions expressed on this podcast or broadcast are those of the host and its guests and do not necessarily reflect the official policy or position of the company. Examples of analysis discussed within the past hour are only examples. They should not be utilized in the real world as the only solution available as they are based on very limited and dated. Open source information, assumptions made within this analysis are not reflective of the position of the company. No part of this podcast or broadcast may be reproduced stored within a retrieval system or transmitted in any form or by any means mechanical, electronic recording or otherwise, without prior written permission of the creator of the podcast or broadcast. Sheldon grimace.