OSHA Recordkeeping Part 2
Safety Consultant with Sheldon Primus
OSHA Recordkeeping Part 2
May 10, 2021
In the episode, Sheldon finishes his review of 29 CFR 1904 OSHA Recordkeeping. The recordkeeping standard is mysterious, but this podcast clarifies the standard.
OSHA, Recordkeeping, Doug Parker, Joe Biden, Sheldon Primus, Primus, Sheldon, Government, DOL, Department of Labor, Injury, Illness, COVID-19, Fatality, Catastrophe, Safety FM, Consultant, Safety Consultant, EHS, Environmental Safety and Health, Health, Hearing Loss, TB, DART, TRIR, Insurance

[00:00:00] :  the way this episode is powered by safety FM. Way, Way, Way Way. Welcome to the safety consultant podcast. I am your Sheldon promised. And this is the show where I teach you the business of being a consultant. And I also have adjusted to the idea of this show to also include me acting as your safety consultant. Yes, I am your safety consultant and I've been getting a lot of questions Lately coming in and asking about my opinion on different things and you know, I've always, you know, put it under my 15 minute rule. I've got I got a 15 minute roll. This is one of the rules that I've always used before. And it's truly if I can answer a question or even if I could just um if it involves not having to start doing research and I'm just answering a question, I'm just getting this thing by then. Generally what I do is if it takes 15 minutes or less that it's a freebie, if it goes up about 15 minutes then we'll start uh pro rating the actual my actual rate so that's I just throw it into that 15 minute role. But I do get a lot of those questions and it just turned out. But I actually have always thought of the show is teaching people, I want to commend teaching. Why do people say them? Teaching people will be my competition. That's okay. It's a it's a big world, will will be able to coexist. I just want to make sure that the service and the quality that is being called consultancy is going to be up to a high standard. So I don't mind doing that. But I am going to expand that definition to say I am your safety consultant as well as I am the safety consultant that is teaching you the business of being a safety consultant. That's a drinking game right there as many times as you just say, safety consultant to. Yeah, there you go, that's terrible. I should not say that. All right, so this week, but we're gonna be doing right is going to do part two of the record keeping. So record keeping was one of the things that I have really tried to pay attention to my career. I have done a few of conferences where I was the person who is teaching an album breakout session on record keeping, have done that a few times in my career. So I'm pretty familiar with that standard and it's for the standard is 19 oh four, which is in the code of Federal regulation 29 it's 19 oh four, that is the part and that's what we've been going through. So if you have not with two part one, then that's really foundation. You need to know how are you going to um how are you going to pretty much decide that this thing is recordkeeping versus this other thing. And that term is called record ability. So the first thing that we did is we just figured and determined what is record ability. She has a nice little chart very early in their sub party at the standard that just says, uh if this happens, then go to the next stage. If this happens and let's go down to the next stage and it's pretty easy to follow. Uh unless you start thinking of some of these things that are known exceptions. So there are some known exceptions to this rule. So you do have a few things that um for instance, they hear this one a lot is. One of the known exceptions to the rule is if you're eating or drinking or preparing food for personal consumption, you can have something that isn't bad enough injury that you need medical treatment. But because this activity is unknown exception, then what it will turn out to be is an injury that is not a recordable to OSHA, meaning OSHA doesn't again in their lives because of that exception. So that's what we did with part one. We went over that part. So, let's go ahead. Let's let's dig into the rest of this thing. So, again, if you need to go through the steps, go ahead and do that on your own. And this is just gonna be picking up from part two. Uh, so part two, we're just gonna start with uh, let's call this still foundations of the rules. And then we're gonna go into nuances of the rules. All right. So, if you are thinking of the mindset is all right. I just determined that this event that just happened also had a component where there was a worker injury. Worker injury is to a degree that they need beyond first aid. They can, they're gonna need medical treatment. So we'll take that at face value. So if you're determining now they need medical treatment, you're gonna end up having to uh you decide at this point you're gonna end up having to know that this is going to end up in your 300 log, which is the log that is for the record keeping. For OSHA, the require that you put your data into this log. Uh it's a requirement that if anything happens that you kind of get this thing in your log. I believe it's 14 business days is, you know, if you have somebody gets injured and now you determine that uh you have to record it and the record creeping says for your forms that you're gonna end up having to get it within uh calendar days. Hold on. It's not 14 1 is seven calendar days. If I'm remembering during in 19 oh four, section 29 would be seven calendar days. I'm sorry. I'm mixing it up with something else, which is the 19 oh three, which was a citation amount uh days. So anyway, so let's seven days is getting clear. Someone gets injured, George placement. All of sudden you're saying, oh I got to put this in a particular place for data entry. That form is called the Ocean 300 Lock. The 301 long is the one that is akin to the first notice of injury log where you just write down all the things that have happened Uh where this person was being treated and everything else goes on the information and then the 300 a summary form, that's the one that's up in a prominent place at your business. From February one until the end of April. Most people see it At that time period and that reminds them that last year we've had this in our injury profile. Um that's really what that once for that number system that's coming from the or going into this actually data said that's coming from the 300 logs. So there's a component of the 300 block where we start counting up days that have been missed of work or days where the worker actually had a restriction or days of worker had transfer that all gets tallied up on the 300 log that tally for all those different categories will end up going into the summary log. That ceremony log has to be posted every year. Um That is one of the things that OSHA does really go and look at. Uh if you are in the posting requirement time period and you may be in one of those industries that will have frequent social visits. It's low hanging fruit for them to actually go through in the opening conference and while they're just pretty much going into your break room or wherever you're doing the opening conference, it could just see that and be like, okay, uh I don't see anything here. So now I'm going to ask, where is your 300 a locks and all of a sudden you can't produce them or uh yeah, we've got it here. We just keep it in the safety officers room and if anybody needs it, it's available for them. They just have to ask, Yeah, you're getting the site. Uh so truly that's really what will fall down to in those cases. That's how it shouldn't be hidden information. It's required to be out in the public. Uh, let's go back to. Um, there's a few other things we did end up talking about first aid cases when we had episode one. Uh, I didn't mention that if there is any loss of consciousness and it's work related, then that is automatically a recordable event. You know, you don't have to pass, go on this one. You don't have to collect $200 as a reference to the game monopoly. You truly at that point, it is a recordable event. Uh, if your workers are exposed to blood borne pathogens, this one is kind of tricky. It's just how is this exposure? So it's the exposure actually coming from a needle stick, or is the exposure coming from a splash that could get into their face which will be into the eyes or the mouth? Or one of the modes of one of the four modes of entry of any chemical to your body which is Or one. And that could come through ingestion injection where you get a cut or something similar to that uh ab absorption, the uh an inhalation. So those are the four ways and any contaminant can get into your body. So therefore uh the blood born pathogen standard for 19 oh for the record ability standard would think this way if someone gets a needle stick and it's potentially infectious material and that is any bodily fluid, tissues, organs, lab cultures, any of that. That has any kind of fluids that are bodily human bodily fluids in any way, then that now becomes a recordable event at the needle stick really when that event happened. Whereas if someone gets splashed by this potentially infectious material may go into their eyes or their mouth. It's not recordable yet. It's actually going to be that individual needs a diagnosis of some disease. First, then you have to go ahead and say, all right, the exposure date was ex you know, two weeks ago or whatever. And now this person is not diagnosed with it. So that's really what you're going to be using as the event in your report that has and health hazard that the person just received. So that's the difference with those two medical removal is when the doctor tells you that this person cannot work with this exposure of crab Chemical X. Remember Chemical X. If you guys ever had kids growing up in the early nineties, and you will be familiar with the power puff girls. You never thought your living to a safety podcast and here a reference to the Powerpuff girls. Right? But anyway, that's Chemical X. That they used with sugar and spice and everything Nice to make Power puff girls. So let's say that in some cases now you've got Chemical X. That you're working with and the doctor tells you you keep exposure in your worker to Chemical X. It's in their blood stream to a degree that is now dangerous. I have to medically remove this person because that toxicity level in their bloodstream is so high. Now that they cannot be in this environment, I am going to tell you under my doctor's care, they need to be transferred from one position to the next until their next test. That we could see that their level has been reduced to an acceptable range. And then they can go back to their normal duties. And at that point, the medical removal itself is going to count as a recordable event. Uh if you're doing it voluntarily and uh that's different voluntary removal is, yeah, you're just being abundance of caution uh than those cases. You don't have to record that. So that's a little bit different. Uh Hearing loss is one of these two things that she has a lot of these standards that have to specific things to it. Uh One is truly going to be uh the thing that we've all done when you've worked in manufacturing or even construction or any place where there's going to be hearing loss potential. Uh What we have done is we've pretty much done a couple of things related to. Uh I don't remember if you you've ever been in that booth and it's all silent and you have to hit the button that says, I hear this tone and what you do, it's gonna be a tone at three different hurts. It's gonna be one at 2000. What's going to be a 3001 is going to be a 4000 hertz and then you're gonna end up hitting the whole button that tells the attendant that, hey, I've heard this tone. So now a standard threshold shift and I'm going to do this one by OSHA's definition here for you guys. So you can know it in 19 oh four, section 10, A standard threshold shifted, defined in OSHA's noise. Standard 29 CFR 1910, section 95 paragraph G sub paragraph 10 sub sub paragraph I as a change in hearing threshold relative to the baseline audio gram. So meaning last year you did this thing and last year my numbers read this. So for each year your numbers that year would have said at these tones, you were at this decibel loudness to hear each one of these tones. So that's really what it's saying on that point. So uh To finish the definition of an average of meaning if you now have to change in your hearing decibel, an average of 10 doobies or more at the 2000 3000 or and 4000 range in one or both ears. So that means an average of 10 decibels or more at all. Three of those ranges 9000 hertz in one or both, heirs. You now have a standard threshold shift. You don't have a hearing loss yet because there's a big hand in this one. So the second actual part of this is if the employees hearing level is 25 decibels meaning the 9000 hertz. Now let's say, I've got a standard threshold shift in sts, in my left ear and now listening to the tones and then hitting those little buttons and the results happened that in my left air I have to crank up 11 decibels more at the 2000 hertz, 3000 hertz and 4000 hertz averaged out. Then I've got the standard threshold shift airs my left. And now let's say, I also had to crank up totally from the 9000 hertz, 25 decibels average down or more. Now, I also have, what's the criteria would be hearing lots of things. So in those cases that becomes a recordable injury. Uh so truly if you are going to central workers out, especially when you're examining your baseline, you know, you want to make sure that each time you have to give at least a two hour window for your ears are going to just be outside of high decibels, going to get a nice rest and then go ahead and do those autumn metric exams. I guess if you really want to look good, you could have high noise in the baseline exam. And then next year when the employee comes back to be like, man, what are you guys doing over there? They're less than their baseline. You guys are actually helping them restoration on your hearing. Don't do that. We've been seeing that this is just don't do that one. All right. But there's a whole lot more in that standard threshold shift and everything else. So if you really, uh, needed to see that you'd have to go into some numbers and do some math and uh, and the age factors and everything else with the hearing loss going down. So I'm just giving you guys just a basic overview. Alright, tuberculosis is one of those things that's also addressed in the standard of saying that if you do have a case of this and you have exposure and it's work related exposure, not exposure to anything in the home environment or even on a voluntary basis or anything else. If there's exposure at work, then you get it. Now it is going to be treated as a work related illness. Uh, so that's really what you're looking for the employees, it's supposed to work. And, uh, you actually, you definitely would be at that point, work related injury if you get the actual tuberculosis in those cases. However, if you do have that exposure at home or any place else in the workplace doesn't know where the exposure is coming from. Yeah. So what that means is you're really gonna end up having to dig into somebody uh where they actually go, including voluntary places. And if it's reasonable to say that they could have contacted TB somewhere else, then that would be an exception to that rule. Uh So that became good. You wanna you wanna take those exceptions out? Oh, just to digress slightly, the 303 101 300 a forms, uh they actually do have a uh equivalent online. OSHA does require in March that people, certain industries actually have to record electronically. Uh So those forms will have additional deadline. Um Not everybody has to do this if you are exempt from recordkeeping due to the size exemption, or even the exemption, because you're in um on that list that OSHA has uh they have a list in 19 oh four and it's a chart full of people who are exempt. So if they are exempt then they still stay exempt. They don't have to do any kind of electronic record keeping. You know that doesn't change their exemption status. However if you now are people who have uh employees that are with 250 or more you're gonna end up having to do electronic record keeping. Or if you have 20 employees up to 249 then you're in a certain classification. And uh and that's all by your N. A. I. C. S. Code which is the north american industry industry classification system code. No you're any I. C. S. Could I've mentioned it several several times and it's really one of those important things that I just keep going back to him in my podcast history because you got to know that one. Um But these certain codes, oh she's saying you people want, you have 22 to 49 in this code, this code is a grouping of people who do the exact same type of work. Uh so in those cases they have the same exposure in the systemic exposure. But truly, OSHA saying, you guys have to do electronic record keeping along with anybody that's got 250 employees at a time. So that's one of the things that you're also going to make sure that you're going to be aware of with the electronic record keeping the physical form of the 300 A make sure the only person that signs that is the highest executive at that location. And that brings me to establishment versus firm. So this is an establishment based uh policy and establishment is one physical location where as a firm may have several different establishments and uh we may have establishments all over a phoenix group or new york group and you have a Orlando group. Each one of those are going to be their own establishment, meaning they have their own set of forms and their own set of records that they're keeping and required to keep the firm is everybody. So there's a difference between establishment and firm and if you're thinking of establishment base then you're also thinking the criteria for record ability will change for each establishment depending on your activity. There you're any I. C. S. Codes. So it benefits to have a couple of establishments that may actually be um services such as consulting services or services such as um administration. Because those are exempt activities from record keeping. And then whatever your establishments are that has to workers. Whatever your any I. C. S. Codes for. That would be is the establishment depending on a few other things but that would be your establishment. That would get the ocean record Tv. Um One so firm versus establishments a little bit different. Make sure you grasp that one as well. So I know it just through a whole bunch of stuff at you. That's why this is in podcast form. So you can always go back and re listen to it and make sure you follow along with 19 oh four with everything I say. So just crack open 19 oh four and then just pretty much you know follow your finger down there. That's why I'm even referencing the sections. So whenever you hear me say section that's did that on your your standard. So anytime you look at the standard 19 oh four like the forms not talking about an equivalent of form, it's going to be section 29. Um The dot is section so that's that's when I give you the section number, that's what you're looking for on your physical uh standard guide. Mhm. Yeah. All right let's do this one more time actually. It's a little bit more than one. So uh seven calendar days I corrected myself. That's when you gotta log your your injury whenever you do notice you have an injury. If it's a really sensitive topic that this person was involved in Then you might want to just put privacy chase on the 300 form instead of putting the actual person's name. So you'll see you know maybe there's an intimate part part of the body got injured and you may want to put that person's name. Uh let's just say that privacy chase instead of that person's name. So that's an example of why you would do that. There's a few other ones, but that's a big one. If you've got multiple establishments, then basically your forms like I mentioned before has to be um separate for each establishment. If you have people that jump around all your different establishments, then just assign them one so that they know exactly that this establishment over here is assigned to me and all my paperwork documents to OSHA on the Houston area, something similar to that, if you are only keeping a company less than a year, then you don't actually have to start doing the 300 form at that. So uh you're gonna really dissolve it. So might as well just let finish up what you're doing with them and then uh file it after you dissolve the company. So don't get rid of it, just file it. Um temporary employees are also part of your record keeping this one does get a little bit comm rooted. But if you supervise somebody on a day to day basis you're going to be their boss. And that's even with temp agencies. Uh huh. Contracts are important to OSHA. So you make sure your contracts awarded properly just to delete who who has the responsibility or the role to report to OSHA. If there's an injury who can doing meet who takes the OSHA hit, Who takes the workers comp it in a contract? OSHA will go by that but generally speaking make sure the contract is going to be fair for both parts. Yes but you want to make sure that you have a clear cut elimination to who notifies OSHA when there's an injury. Gordon regarding this individual. But to social tell you they're going to think that the questions they're gonna ask is going to really break down to who's supervising this person on the day to day. Who today report to, who's telling them what to do, who's doing the P. P. E. And if it's the host employer, you definitely will still have liability. So you're not trying to. Uh Well hopefully the thought processes and how can I transfer the most liability, the thought process that it should be. How do I make sure I'm compliant in this case? But then also how can I take care of my work or two? So that's that's the thing. So whoever supervises that person to the day to day basis. This isn't 16 31 of 19 oh four, that's the person that is going to be responsible. Uh If you are self employed or if you have a partner in your business, you guys are exempt. What you do need is if you do hire one W. Two employee that's A. I. R. S. Term in the U. S. And that just means that you are now hiring somebody as your employee. The form W. Two is what they get as an employee so that they can submit that for their taxes. Uh 10 99 Miscellaneous is another I. R. S. Form. This far form in particular is a form that is for those who are self employed and only doing project work. So as long as you hire through this 10 99 project work, there's no employer employee relationship with OSHA. Uh So therefore at that point, uh you are your independent contractor since they felt like, And that's a difference. However, if you're hiring somebody that's W. two, then at that point there your employee, because you have that employer employee relationship truly. Oceana says you need to protect this person. So that's the gray area between the temporary worker and the worker you hire. If you supervise the temporary worker, they're yours. So I'm just going to look for that one. Um, the 500 forms, excuse me to 300 form alliances that I think. All right, 300 forms and 301 308. Um, you got to retain them for five years, but oh, she had a big issue with this a few years back. So I'm going to give you the edge. It's because you don't need to get details on this one. You can look it up folks. The O. L. K. S. Real. Uh oh, she used to be able to cite or they did site up to five years for some violations with 19 oh four, this one company recently and they would like 2016 2017. So fairly recently challenged OSHA on this and it turned out that they were right. Osho is not supposed to do that due to provisions in the OSHA Act that says six months is the max that OSHA has to cite somebody once a violations found. Uh, so therefore going back five years was against that legal thing that's in the OSHA Act and therefore, uh, that is struck out by what was called a Congressional Review Act. A majority of Congress and majority of senators decided that this ruling is wrong and uh, and it's no good. So it needs to go and that's happened. They give this thing to the president. The president of the time will sign off on this thing and now it's gone and it's gone for good. That's one of those things with Congressional Review Acts, you will never ever have this come back kind of like the ergonomic rule that was signed in 2000 congressional review. Like they took out the ergonomic rules. That was an OSHA. So now they will never ever, ever, ever be an ergonomic standard because of the Congressional Review Act, unless there's some sort of amendment to the law at this point, it's not going to come back. So in those cases will be a five A one rule, which is a violation of the general duty clause. Alright, so that's a little bit on the side bar over there. Uh, so I already talked about making sure that you're going to do your electronics some middle. I talked a little bit about your annual report, making sure the only person who signs it is the highest and saying, so I'm going to wrap up this conversation with a few extra thoughts. Uh, not too much, but let's let's finish this up with just the last few things to remember. So uh employees must be able to have a way to actually say I've got injured and I need to report this thing and they must feel comfortable in that reporting system or else that could be a violation of their uh their rights and that could get you a healthy fine. So you don't want that to happen. So keep those employees involved, uh if they are in any way discriminated against because of what they're doing, then that's a violation of the 11 C rule in the act. So you don't want to get that. So true. Just go ahead and follow up on that one uh incident. They used to be a little bit higher range, but several years back, OSHA says the fatality is a call within eight hours of you finding out. And then the call for someone going to the hospital is 24 hours. And it's one person that goes to the hospital, one loss of an eye or one amputation. You have 24 hours. And when you find out that you're going to have to make sure that you call ocean on that one. So that's a requirement there. Uh, you don't need to call if any of those things happen on a highway or roadway, commercial airline train, subway buses. Those are different jurisdictions. Uh, so you want to record those if it was a fatality or catastrophe in those uh, serious scenarios, you record it, but you don't record it because that report is going to go to another entity, like F. A. A. Or D. O. T. Or something to move to that. So your kids would just recording it. But you don't need to report it, OSHA shows up, you've got four hours to make sure that you give them all that material that you're keeping for five years. That's some of the things that you want to do. All right. Um I would like to give you one more scenario and this is the scenario and I'm even going to use my little game show thing again because I like the way you came out last week. So in case you don't remember, I gave I read a letter of interpretation from OSHA and while I was reading it, I finished and I gave you guys this is a little time to think and there's just a really quick, a really quick game show. They call it music thing. But this is what it was. So that's going to be your time to think. All right. So let me read this. And this is literally coming from a letter from someone who didn't know what to do. And OSHA gave him the response. So, here's the letter. An employee returns to Atlanta on a saturday morning from an out of work, out of town work trip. The employee is not scheduled to work on saturday. The employee leaves the Atlanta airport and decides that he will not take the direct route home, but instead will go to a nearby convenience store. The employee drives past the highway entrance in his normal route home and drives to a convenience store at the convenience store. The employee purchases gas, food for himself, flowers for his wife. After leaving the store, the employee takes the surface street towards the highway. Uh, that would take him home. The employee is involved in an auto accident and is injured. Is the if the accident work related, That was the question now. So is the accident work related? So, that is the question. I'm gonna go ahead and uh playing my music over here and give you guys a little chance to think about it. All right. Hopefully that was long enough for you to think about. It was long enough for me to just go ahead and sit around and play with this one. All right. So, this one was coming from a letter of interpretation, february 12, 2000 and 15 from someone that was calling from a company in Atlanta Georgia. Uh, so that is the notice and OSHA ends up saying this. So OSHA ends up saying truly that uh, the worker was doing something that was uh consistent with having a vehicle given to you or using that you're using this vehicle for work activities. And that thing is getting gas. So the person got injured while it's getting gas even though they stopped and they actually got flowers for the wife. The end, they're doing a great thing. Uh, so in this case they were doing something in the interest of the employer which was beginning of gas part, all the other things that they're doing, whether the gas station does not matter. So therefore it wasn't really a personal detour because of that reason, if he just went stomped, brought all that stuff at that point, that would be considered a personal detour. But in the eyes of OSHA, they're saying the mere fact that he stopped to get gas is something that you normally do in the interest of the employer when you are using a vehicle outside of work for work. So therefore, that means that this one is going to be a work related event. It is recordable first. So all you people that said no, that's not recordable. There you go. Twice. It is actually recordable event. So there you go. That's the kind of stuff that I deal with from time to time just spilling over that that particular case. I took a little while to kind of figure that one out. You truly have to, you have to reconstruct a scenario as best as you can. Uh, and then if you really go back to the standard 19 oh four, it has the answer. You may not like the answer, but it has the answer. You just have to make sure you start interpreting properly and escalated. Do. All right. Well, before we go, thank you everybody for for hanging out with me on that one. That one was kind of cool. There was me hitting on button again. You can't really figure out my buttons here. So before we go I just want to remind you that I am doing revealing the secrets to OSHA compliance, the safety consultant playbook. I am teaching you what I do when I have to sit in front of a client with ocean and we do an informal conference for the most part of their, with me and my business partner, Kevin Yarbrough and Yarbrough or to have this shell bro, safety and uh we represent people with those problems that we go there and that's what we do. So I'm gonna help you out in a one day online event and this is going to be july 16th 2021. And it's gonna start at nine a.m. Eastern Time, my time zone. And I'm gonna end it at 3 30. We're gonna do a lunch break in the middle of that. So it's not going to be straight class. We're gonna take a little breather in there, A nice half hour lunch stretcher. Uh, we're also going to learn truly. I'm teaching this is how you're gonna find how to stay OSHA compliant regardless of what administrations out there. You'll always know the basics of keeping up and being able to flow with OSHA. So I'm gonna teach you those secrets. That is what we're going to learn. I'm gonna break it down to you as simple as you can. Early bird pricing is available right now. You just get a Sheldon Primus dot com backslash event and that Sheldon Prima's dot com backslash events. E. N. T. S. So when you get there, just go ahead and sign up for revealing secrets to OSHA compliance. The safety consultant Playbook. Only 20 tickets are going to be the early bird tickets. So that's all we got for this one. Uh, it's available right now. So go ahead and go to Sheldon Private dot com backslash Events. Have a wonderful rest your day and glad that you guys were hanging out for me. This concludes the two parter that we just did on figuring out the record keeping 19 and Forest got the answer again. You may not like it, but you should go back in there and dig into it slowly. Take your time with All right, have a wonderful rest of your day job. Yet, with this episode has been powered by safety. FM. Speak