OSHA Recordkeeping 2022 Part 3
Safety Consultant with Sheldon Primus
OSHA Recordkeeping 2022 Part 3
January 25, 2022
In this episode, Sheldon finishes up the OSHA recordkeeping 2022 training with a review of exceptions and a overview of the OSHA 300, 300a, and 301 forms. For more help, you can register for the OSHA recordkeeping seminar at www.primuswebinar.com
 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 

[00:00:04] spk_0: this episode is powered by safety FM.

[00:00:16] spk_1: Welcome to the safety consultant podcast. This is the show where I teach you the business of being a safety consultant. I am your host, Sheldon Primus. And today we're going to continue the recordkeeping session.

[00:00:34] spk_0: So,

[00:00:36] spk_1: so far we've learned a lot about record keeping the requirements that you would need to Do recordkeeping. Just basically going through the 1904 rules. And then after that, just a basic went over, we talked a little bit more on some of the things that would be, you know, specific, Such as if you had a case with tuberculosis or if you had what happens with needle sticks and things like that. We did an episode two. So, as promised, this episode is going to probably wrap us up and I'm gonna do work relatedness, so I'm going to go back to section five, but I'm looking at specifically exceptions and some of these exceptions can be a little bit mind numbing, but I definitely want to make sure that we get this one done. And then after the exceptions, we're going to just go through the regular forms, the paperwork had to fill those out and be successful at that. So, let's go ahead and get going on this one. Mhm. Because it's just you and me, we're just going to hang out, we're going to do this old school, like remember the old school ways, right, when I had my music going in the background and hanging out with us, we're going to school right now, as I say, you know, school with my 100 thirty's episode ish somewhere maybe even more kind of forgot. So I'm hoping we're getting something out of this. I just truly know that a lot of people have issues trying to figure out record keeping is one of the questions I get a lot. And when I do my class for the certified occupational safety managers class cost em and then the cost class certificate for occupational safety specialists on the record keeping day, it's usually a long day for me. I know that I'm going to end up having to answer a whole bunch of questions on the fly and even now still I have to go back to some of the rules in 1904 and just kind of spell it out, sit back and think, alright, what is this person really asking? And what's the real issue here and then we have to go through everything. So one of the things that really catches people off guard is going to be the, so I'm going to give you guys the actual citation. So you know 1904. So that is the part for recordkeeping. Section five paragraph p. B As a boy sub paragraph two. So in that little area you actually have like OSHA giving you specific scenarios where they're going to call these things not recordable, gone through the uh the open comment period and the preamble and everything will tell you why these things are not recordable. But I'm going to just go ahead and give you the information as it shows up through all the sub sub paragraphs. So again, if you're not familiar with the way ocean terms things 1904 is depart. We're in section five, paragraph B. And then two is a sub paragraph to be. And now we're going to go through all the sub sub paragraphs to to, it's the number one and I'm gonna do, I'm kinda in in order so we don't have to worry about which way to go. There's nine of them that are listed here. The number one, it says at the time of the injury or illness. The employees there was there was present in the work environment as a member of the general public rather than employee. So you know those people that want to just hang out at work after their work hours or even before they show up because they're getting some ice or something, they're now going to be a member of the general public if they injure themselves and that is an exception to the rule though, they are an employee of the establishment. They actually at that time of the injury was just as if a member of the public was there on the facility. OSHA has no jurisdiction from employer to general public only jurisdiction is employer employee. So therefore that's a Pretty easy exception. Number two in the sub sub part the injury or illness involves signs or symptoms that surfaces that surface at work but solely results solely from a non work related event or assure or exposure that occurs within the work environment. So basically that means is the persons in the work environment, but they're showing some signs and symptoms of something that was non work related. So not doing something any interest of the employer. A lot of times when you're thinking of blood test, excuse me, blood drives or something and then someone passes out from a blood drive. Is that recordable now? Because this sub paragraph is telling us it's not injury or illness involves signs of symptoms that surfaced at work as a result from a non work related event. Therefore, it also could include something else that you did and you're now seeing symptoms and signs at work, but it happened to come at you somewhere else. # three, the injury or illness results solely from voluntary participation in wellness program, in the medical fitness or recreational activities such as blood donation. So that's the donation itself. Physical examination, flu shots, exercise class, racquetball or baseball. So those are some of those activities such as not those specific activities. It could be like soccer or football as far as uh, the americans call it soccer, but could be football to everyone else around the world. The injury results from that not recordable. Number four, the injury or illness is solely result from an employee eating, drinking and preparing food for personal consumption Whether bought on the employer's premises or bought or brought in for an example if employee is injured by choking on a sandwich while the employers in the employer's establishment, the case would not be considered work related. Okay. Note. Here's a kid note and anytime you see notes in the standard, I always point them out. Note if the employee is made ill by ingesting food contaminated by workplace contaminants such as lead or gets food poisoning from food supplied by employer, the case would be considered work related. A. K. A. Your cafeteria is out there at that point, there is a difference between where the food is being brought in from, it's a personal consumption. You're bringing in your food, you're preparing it, even the laceration stitches. Still not recordable number five out of this nine says the injury of the illness is solely a result of the employee doing personal task and personal task unrelated to their employment. Meaning in the interest of the employer. That's the key in the interest of the employer. You're gonna hear that phrase quite a bit. So this is happening at the establishment outside the employees assigned work hours. So that's another key. So again, let's give you the full thing. This is on the sub sub paragraph five. The injury or illness is solely the result of an employee doing personal tasks unrelated to their employment at the establishment outside Of the employees assigned working hours. Again, someone is uh scheduled, let's say they're supposed to get off at 3.30. There are four and they're still at work. And they're doing a personal task at that point, if they got injured, not recordable. Number six is telling us an injury or illness is solely the result of personal grooming, self infliction, self medication from a non work related condition or is intentionally self inflicted. So at that point that is not recordable, basically, you have to want the results that you're getting, you're intending those results. The case I always tell is one of those cases that was in OSHA has this whole list of frequently asked questions and one of the things that they put in in the letter interpretations. Another one that they have. So, one of the things in the letter of interpretation was um employee was so upset that they were downsizing that he punched a locker, broke his fifth metacarpal on the locker. Excuse me. On the area that he punched a locker. And so in the hand. And in that case, when a person who was doing the records asked O'shea is this recordable? The answer was yes because he didn't intend to break his 5th metacarpal just intended to, you know, hit a locker, showing that he's mad that they're downsizing Alright. Hr should be involved in that one probably. But it is not recordable. Oh man. How do you explain that when you go home. So mad. I punched a locker and then I got fired. Yeah, that's not good. All right, so let's go to the next one. The injury or illness is caused by a motor vehicle accident and occurs in the company parking lot or company access road while the employee is commuting to or from work. So vehicle on vehicle if there's an accident and then the uh well one or multiple individuals into meeting medical care, anything beyond first aid and is not recordable. And that's just a non exception on that one. So, let's go to number eight, eight of nine. The illness is a common flu, Common cold. Excuse me? Or flu Note. Contagious disease such as tuberculosis and hepatitis A. And plagues are considered work related if the employee is affected at work. So, that's what we're dealing with right now with the SARS Covid two. Uh this exception that people think, oh, it's a common flu now, not because of the way it's going. So generally what you're going to see is a violation in this section over here. So, again, this section five, paragraph B sub paragraph two. And this one is sub sub paragraph seven. Excuse me. Eight. So in this case, that's probably your citation. Depending on the infraction, not for covid cases, but I said this in episode one. Don't chance it honestly, the first person that gets diagnosed with Covid. Okay, there's there's no record ability in that anyway. But after your second, your third. And if any of them End up with hospitalization or a day away from work because of the sickness. And at that point count that as your 24 hours Well not 24 hours in this case and this case is just going to be recordable. But if someone's hospitalized count that as your 24 hours that you need to call OSHA. All right. Last one on the exceptions before we go over the actual forms. So number nine on the exception says the illness is a mental illness. Mental illness will not be considered work related unless the employee voluntarily provides the employer with an opinion from the physician or the medical professional with appropriate training and experience stating that the employee has mental illness that is really work related. So it doesn't preclude anyone from saying that their mental illnesses due to work. But they're going to have to disclose with hipAA rules and everything else with the U. S. As the rules that are protecting people's medical information. That is going to be information that they provide to the employer but a qualified person who's the professional that has the appropriate training experience and they give you those types of being psychiatrists, psychologists, psychiatric psychiatric. I'm not sure if I sing that one right psychologists psychiatric that's terrible. I'm going to just skip that one and just say a nurse practitioner that works for in the capacity of a psychiatrist. I can't say that word. I'm reading it but I just can't say it, go ahead. He might have to respond how you would say psychiatric nurse practitioner. I found in my life there are some words that I just can't pronounce. So I'm just going to let it go that one. All right so those are going to be your exceptions. You're going to see that. So get to know that one. There's a lot of questions and the answer is related to that. There's a lot of um for OSHA they'd see this quite a bit. So what they've done is they put up a frequently asked question section and you can find that and truly work on that pretty good. It will give you a lot of the information that you're seeking. So let's quickly go over these forms. Right? So OSHA is looking at incident rates and dart rate is really important dart again And I believe we mentioned in an episode one for this record keeping section and I'm pretty sure we did because we're talking about the exceptions to who needs to record or not dart again is days away. That's the D. A restriction. Transfer dart. So days away restriction transfer is pretty significant to OSHA and the reason why is you can have someone who meets the criteria for total recordable injury rate. T. R. I. R. But they may not have had a days away a restriction or transfer they may have had a stitch or something and they came right back to work after they got stitched up. That's not a dark case but it is A. T. R. I. R. Case total recordable entry rate. So the dark cases is what's important to OSHA and they give you the calculation right in the front of the OSHA page so you can are aware of that. So the way that the 300 form is and that's the number of the form. That is the most important. The one that well it's most important and it's time they're all important. But the 300 form is broken into columns and rows so the columns will be all alphabetical order. And the rows are basically cases. Column A. Is going to tell you to make sure that each one of those cases that you get has to have a unique number put in the employee's name in B. If it's a privacy case instead of putting in someone's name you're going to just write privacy case there and then those are really sensitive information. So put in the privacy case there C. Is the person's title D. Is when did that injury or illness occur? You're putting that in there. He where did the event happen? Not just the location of the facility loading dock A. Or B. Or something specific. That is unique to that one location where the injury happened F. Is going to be your brief description on what happened, what part of the body was was injured or if there's an illness, it's a brief description. Step three, which they call classifying the case is basically a few lovelier letters together. G. H. I. And J. And it is basically the most severe consequence. You're supposed to go ahead and put that in there. So for instance, let's say someone had a day away and later on we found out the fatality. Then you would update this record and change it from days away and put fatality in there. Generally what I do with updates and I tell my clients is just one line through the change blue or black ink and then put the new information next to it. If you need more space to write, then you could put on the second page and then just make sure that you write on the bottom or something page one or two or something similar to that. So they know that there's more than one page there. Yeah. The next thing that you're at sea is you're going to see the day count in K. And L. So it started with a day count for the days away from work and then the day count for how many days the individual had been transferred from one place to the next. And then the last step step five is the M. S. The letter and you want to go ahead and select just one in that column of it will be the most descriptive of what the injury or illness was. So there's a couple of different choices, six different choices actually. So you want to make sure that you're going to classify the illness or say it's an injury and what this is going to leave is from steps three. The step five is going to end up giving you numbers and your total those numbers at the end of the year. The total of those numbers is the actual 300 a form. That's next form will go through the 300 a form. You're gonna transpose the numbers you got from columns G. H. I J K L. And M. Onto that form. You're gonna know your company's north american industry classification system code. It's a very important 6-digit code. That's how ocean knows what industry you're in. And then they'll kind of match you up, they'll match you up an injury industry to industry and in those cases, what's happening is they're building a database. So the database is going to start seeing if there's a trend. Either way, less injuries, more injuries. And they're doing it by the specific North american industrial classification system code. This will also help them determine if they need to do a local national emphasis, regional emphasis. Any of those is going to be the trigger here. Then also you're putting in your company's name in here, your address. So this also is going to trigger some things. The new thought process for OSHA is if they see that you are going to have or you're having increases in illnesses or injuries over the last three years and three years, pretty much throwing them. It's the beginning of a trend. Then at that point it's going to trigger you getting an inspection. So you want to really make sure that you're doing this right? But this is where that data is coming from. So if they see, you know, from your 308 forms, you're submitting electronically in the injury tracking application on OSHA's website that we talked about in an episode one. This is again, they're going to start seeing those numbers go up Because you're telling them or down. So then it could put you if your numbers are going down industry wide. But then you might see an update to that subpart B in 1904, there's appendix A and subpart B. Those are the list of people who are exempt from OSHA recordkeeping. So if you're any I. CS code starts going down. It could be one of those exempt people. So that's another way it'll work good for you on this form. You're doing your average employee number. We're also going to do the total hours worked by all employees that year. And again, they're adding people who are uh temporary workers that you supervised daily. But the key to this one is knowing that on the very bottom. It's asking for a company executive. So that company executive has to be the individual who is the highest rank of that establishment. It can't be the safety person unless you are the highest rank in that establishment. That's the only person allowed to fill out this form. Only person. You just have to add that. Alright then after that you're going to really want to make sure that you get your your numbers right. And then there's one other form which is an early form. It's your notice that injury form and some people like to call it. And that's the 301. So in that 301 form you're going to have the purse sustained, the address, uh date of birth, the date the person was hired. All the basic demographic information and then the information for the health care unit and then what treatment was given. So that we know that there's actual treatment including a physical emergency room case number. It's all in there. So this is pretty much the nuts and bolts of the scenario that happened. So it's pretty good form. You want to make sure that you have this form available. And pretty regularly, you know when you have an issue, you want to be able to grab this form right away. Right? So just keep that handy. Those information about the three forms, not rocket science on this one. But you've got to make sure that you are definitely detail oriented because again the information that you're using on these forms is going to end up being information that OSHA is going to review, especially if you have an intervention, meaning they're showing up on site, they look at these forms, they look at them because it's very important for them to get these forms and to understand them. So that is it. That is part three of the OSHA recordkeeping. I really suggest that you go on the OSHA website and OSHA dot gov forward slash recordkeeping scrolled at the bottom of the page and you'll be able to get some good information on that page. Start reading some of the letters interpretations. It's it's pretty good things get a lot out of it. If you need some more help, I'm going to help you out valentine's Day, we're going to do an event starting at nine a.m. Central. Gonna end at one PM central. So just a four hour thing we're going to go over in detail

[00:25:33] spk_0: what

[00:25:35] spk_1: you need to do with OSHA recordkeeping and I'm going to reserve time to go over your own records. So make a time for anybody that really wants to sit down and go over the records will do it. So, to register for this one, what you're gonna need to do is going to need to go to Primus webinar dot com. So my last name, Primus P R I M U S webinar, W E B I N A R dot com. And then at Primus Webinar dot com. You'll be able to sign up for this one. So that is going to be the place to go and hopefully that you're going to Get on there and get you get you some information. Get ready for that deadline for March two. So you can do this. You still have another couple of weeks before the deadline goes in. We got you covered. Right. It's a Primus webinar dot com. If you have not subscribed to this podcast, please do. If you hadn't shared with it, shared it to a friend. Go ahead and share this podcast to a friend. Don't mean a lot to me. Help me out. If you have some time and you're on whatever service you're on and you can write a nice little review. Go ahead and do that too. That's going to help quite a bit. So thanks everyone for a wonderful podcast helping me out stay on the air so long.

[00:27:06] spk_0: Go get him. This episode has been powered by safety FM. The 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 the 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 the 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 Primus.

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