Transcript Presentation Title - Greater Houston STEPS

OSHA Recordkeeping Update
Jim Shelton, CAS, HNAO
Topics
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New Proposals
National Emphasis Program
Significant Cases
Incentive Programs
Recent Interpretations
Recordkeeping and Offshore
Work
• Recordkeeping Resources
• Looking towards 2012
New Proposals
• NPRM June 22, 2011
– Change reporting requirement to workplace
fatalities and all in-patient hospitalizations
within 8 hours and all work-related
amputations within 24 hours
– Change list of partially exempt industries from
SIC system to NAICS and add and delete
sectors
New Proposals
• NPRM January 29, 2010
– Proposal to restore a column on the OSHA
300 Log to record work related
musculoskeletal disorders (MSDs)
– 2001 recordkeeping final rule included the
column but was removed before the rule was
implemented
– Proposal was withdrawn and was re-instated
this year for additional comments
Proposed Rules/Out for Comment
• NPRM May 5, 2010
– Modernization of OSHA Injury and Illness
Data Collection Process. Comments sought
on:
– Modernized electronic record keeping system
(Scope, Uses, Methods, Economic Impact…)
– Linking records to medical records? Workers
Compensation?
– Collect from every employer for every case or
subset of employers? Ect……
National Emphasis Program
• CPL 02-10-07 Effective Sept 28, 2010
• Focused on industries with low rates in
traditionally high rate industries
• But records are getting closer scrutiny during all
inspections
• In FY 2010 187 inspects done with 91
companies being cited. 332 violations with an
average of 3.6 violations each
• Not on the FY12 plan. But……
National Emphasis Program
• Top violations included:
– Unrecorded cases
– Mis-recorded cases involving restricted work
– Incomplete case description
– Mis-recorded case involving days away
– OSHA 300 not certified
– Incomplete OSHA 300 entry
– Incomplete or missing OSHA 301
Recordkeeping Inspections of Note
• Baton Rouge AO – O&G company and its five
subsidiaries issued 38 recordkeeping citations
for proposed penalty of $337,500
• Cincinnati AO – Home improvement company’s
two stores issued 11 recordkeeping citations for
proposed penalty of $110,000
• Houston North AO – Manufacturing company
issued 83 recordkeeping citations for proposed
penalty of $1,215,000
Incentive Programs
• Safety incentive program that discourage the
reporting of injuries and illnesses could be
discrimination
• In the VPP, program an incentive program that
focuses on injury and illness numbers could be
an incentive to not report/record injuries..
• Incentives should promote safety awareness
and worker participation
• Look at the ‘expectation’ of the reward
• VPP memo 5 applies to EE incentives, not
manager bonuses
Recent Interpretations
• LOI February 16, 2010
• Scenario – An employee works from 7 AM to 12
PM and 12:30 PM to 5:30 PM. At 12:20 PM (off
the clock) he falls exiting a restroom and
receives lacerations
• Question - Is this an exception for injuries that
result solely from employee doing personal
tasks outside assigned work hours?
Recent Interpretations
• Answer – Its recordable because it occurred in
the work area and it’s within time the employee
is normally expected to be present in the work
environment. Pay status at time of accident or
the fact they punch in or out isn’t relevant. The
injury occurred during the normal work schedule
(lunch break) and exception only applies if
injury occurs when the employee is conducting
personal tasks at a time either before or after the
normal work schedule
Recent Interpretations
• LOI February 25, 2011
• Scenario – Employee reports subjective work
related aches and pains to co. doctor who treats
w 400 mg of ibuprofen and returns employee to
work. Employee goes to a doctor who writes a
prescription and gives employee a few days off
• Question – Can employer rely on first providers
opinion as most authoritative in regards to
medical treatment and days away and not
record?
Recent Interpretations
• Yes – However once medical treatment is
provided (once a prescription is issued treatment
has been provided) or the days away or
restricted work have occurred the case is
recordable. If there are conflicting
contemporaneous opinions but medical
treatment, days away ect. have not occurred the
employer may determine which opinion is most
authoritarian and record on that basis. OSHA
considers a contemporaneous opinion that is the
best documented, best reasoned and most
persuasive as the most authoritative
Recent Interpretations
• LOI March 22, 2011
• Scenario – EE incurred a work related injury on
Saturday but didn’t think it was serious enough
to see a doctor. Reported to work on scheduled
day Monday. Worked 6 hours and left and
sought treatment at the ER. He was treated and
released with restrictions. He was scheduled to
work on Tuesday. On Tuesday before work he
said he was in pain and wanted see Dr again.
Requested a bonus holiday. Saw doctor and
released back to work with restrictions. Since he
was on pre-approved holiday and returned on
Wednesday. Is Tuesday recordable as day
away or restricted?
Recent Interpretations
• Answer – Yes. LHCP recommended a return to
work with restrictions. EE decided not to return
till Wednesday so it’s recordable. If the LHCP
had recommended a return to work but the
employee decided not to then it’s not recordable.
Recordkeeping and Offshore Work
• LOI September 1, 2005
– Question – Is an employee fatality that
occurred in a foreign country recordable?
– No – The OSHA Act only applies within the
jurisdictional boundaries of the United States
and certain locations listed in Section 4(a), 29
USC 653(a) of the Act
Recordkeeping and Offshore Work
• Recordkeeping applies to employees…
– U.S Inland waters
– State territorial seas which is 3 nautical miles
from coastline except for 9 nautical miles for
Gulf Coast of Florida, Texas, and Puerto Rico
– Outer Continental Shelf (OCS) for structures
permanently affixed to the bottom on OCS
lands
Recordkeeping and Offshore Work
• LOI February 6, 2007 (#1)
– Question – EE working on offshore platform and living
on a separate platform and travel back and forth by
boat. EE is injured during the transfer in a personnel
basket. Recordable?
– Yes – Furnishing of housing is a condition of
employment when EEs are required to use them or
are compelled to use due to practical… necessity. Not
a home away from home and considered a work
activity (travel in interest of the employer)
Recordkeeping and Offshore Work
• LOI February 6, 2007 (#1)
– Question - EEs working on offshore platform
and living on a boat. After work EEs are
transferred by basket onto the boat. If injured
during the transfer is it recordable?
– Yes. If living on boat as condition of
employment the ‘home away from home’
exception does not apply. The personnel
basket attached to the platform is also
considered part of the work environment
Recordkeeping and Offshore Work
• LOI February 6, 2007 (#2)
– FYI - Host employers are required to record
injuries of contract employees who are
supervised day to day even if not on the
employers payroll. Day to day supervision
occurs when ‘in addition to specifying the
output, product or result to be accomplished
by the person’s work, the employer
supervises the details, means, methods, and
process by which the work is to be
accomplished’
Recordkeeping Resources
http://www.dol.gov/elaws/OSHARecordkeeping.htm
Recordkeeping Resources
http://www.osha.gov/recordkeeping/index.html
Recordkeeping Resources
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table
=DIRECTIVES&p_id=3205
Recordkeeping Resources
http://www.osha.gov/recordkeeping/RKinterpretations.html
Resources Interpretations
FY12 On OSHAs Radar
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PSM in chemical plants
Primary metals
Nursing homes
Silica
Isocyanates
Distracted driving
Workplace violence
Hexavalent chromium
FY12 On OSHAs Radar
• The NPRM for the Injury and
Illness Prevention Program
(I2P2) is high priority
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Management duties
Employee participation
Hazard ID and Assessment
Hazard Prevention and Control
Education and Training
Program Evaluation and
Improvement
FY12 On R-VI OSHAs Radar
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Oil & Gas
Cranes in construction
Metal fabrication
Work Zone
Heat
Maritime
Distracted driving
Hydrogen Sulfide (new)
Confined Spaces (new)
HNAO FY12 Outreach
• Pipe handling
• Periodic safety classes
– SHMS, Intro to OSHA, OSHA Cnst 10-Hour
• Facebook
• Also the activities related to the National
and Regional emphasis areas
Where is OSHA Located?
• Jim Shelton
Compliance Assistance Specialist
Houston North Area Office
507 N. Sam Houston Pkwy E. Ste. 400
Houston, TX 77060
281-591-2438
OSHA in Houston
Disclaimer
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This information has been developed by an OSHA Compliance Assistance
Specialist and is intended to assist employers, workers, and others as they
strive to improve workplace health and safety. While we attempt to
thoroughly address specific topics [or hazards], it is not possible to include
discussion of everything necessary to ensure a healthy and safe working
environment in a presentation of this nature. Thus, this information must be
understood as a tool for addressing workplace hazards, rather than an
exhaustive statement of an employer’s legal obligations, which are defined
by statute, regulations, and standards. Likewise, to the extent that this
information references practices or procedures that may enhance health or
safety, but which are not required by a statute, regulation, or standard, it
cannot, and does not, create additional legal obligations. Finally, over time,
OSHA may modify rules and interpretations in light of new technology,
information, or circumstances; to keep apprised of such developments, or to
review information on a wide range of occupational safety and health topics,
you can visit OSHA’s website at www.osha.gov.