9/19/14 UPDATE: [OSHA has issued a final rule requiring employers to notify OSHA when an employee suffers a work-related hospitalization, amputation, or loss of an eye. Under the revised severe injury rule, employers will be required to notify OSHA of work-related in-patient hospitalizations, amputations, or losses of an eye within 24 hours. Previously, OSHA’s regulations required an employer to report only work-related fatalities and in-patient hospitalizations of three or more employees. Reporting single hospitalizations, amputations, or lose of an eye was not required under the previous rule. The new rule, which also updates the list of employers partially exempt from OSHA record-keeping requirements, will go into effect on January 1, 2015 for workplaces under federal OSHA jurisdiction. The new rule maintains the exemption for any employer with 10 or fewer employees, regardless of their industry classification, from the requirement to routinely keep records of worker injuries and illnesses.]
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This is a question we get all the time. So we figured it was time for a blog post.
Employers are sometimes confused by the differences in what they need to report to their workers’ compensation carrier and what they need to record on their OSHA 300 log.
At Met Risk we recommend to our clients that you submit a First Report of Injury to us even if the employee needed only minor treatment. Having this “Incident Only” report will be helpful if the employee reports symptoms or needs treatment later on. Our Claims Advocates will also let you know if you need to report it to your workers compensation carrier or not.
However that does not mean everything needs to be recorded in your OSHA 300 log.
OSHA recording is limited to work-related injuries and illnesses that involve:
1. Death
2. Days Away From Work
3. Restricted Work or Transfer From Another Job
4. Loss of consciousness
5. Diagnosis by a licensed healthcare professional as a significant injury or illness
6. Medical treatment beyond first aid
Numbers 1 through 4 are pretty clear. Numbers 5 and 6? A bit vague. Let’s look at OSHA’s definition of first aid. You do not need to log an injury treated by:
1. Using a non-prescription medication at nonprescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for record-keeping purposes);
2. Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment);
3. Cleaning, flushing or soaking wounds on the surface of the skin;
4. Using wound coverings such as bandages, Band-Aids™, gauze pads, etc.; or using butterfly bandages or Steri-Strips™ (other wound closing devices such as sutures, staples, etc., are considered medical treatment);
5. Using hot or cold therapy;
6. Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc. (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes);
7. Using temporary immobilization devices while transporting an accident victim (e.g., splints, slings, neck collars, back boards, etc.).
8. Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister;
9. Using eye patches;
10. Removing foreign bodies from the eye using only irrigation or a cotton swab;
11. Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means;
12. Using finger guards;
13. Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); or
14. Drinking fluids for relief of heat stress.
For example, you had a worker who sustained an injury that required a doctor visit but no treatment other than Tylenol. This would not be recorded in your OSHA log, but should be reported to your Risk Advisor.
What Must You Report Directly to OSHA
1. You must report any work-related fatality to OSHA within eight 8 hours.
2. You must also report within 8 hours a catastrophic injury (defined as an accident that involves 3 or more employees who are hospitalized as a result of their injuries.)
3. Effective Jan. 1 2015 when an employee suffers a work-related hospitalization, amputation, or loss of an eye, it must be reported within 24 hours.
Common FAQ’s
How do I record a work-related injury or illness that results in the employee’s death? You must record an injury or illness that results in death by entering a check mark on the OSHA 300 Log in the space for cases resulting in death. You must also report any work-related fatality to OSHA within eight (8) hours
What is a “significant” diagnosed injury or illness that is recordable under the general criteria even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness? Work-related cases involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum must always be recorded under the general criteria at the time of diagnosis by a physician or other licensed health care professional.
How do I record a work-related injury or illness that results in days away from work? When an injury or illness involves one or more days away from work, you must record the injury or illness on the OSHA 300 Log with a check mark in the space for cases involving days away and an entry of the number of calendar days away from work in the number of days column. If the employee is out for an extended period of time, you must enter an estimate of the days that the employee will be away, and update the day count when the actual number of days is known.
What are the Penalties for Not Complying?
Recordkeeping is required by law; and holds stiff mandatory penalties for failure to keep, maintain and post. The penalty by law is at least $100 but not more than $1000 for each violation. Think about this – if you have 12 recordable incidents, and none are on your log at the time of an inspection, that is potentially a $12,000 penalty!
Each February you need to post the summary of the injuries that happened at your workplace the year before. This requirement is intended to let the people who work at the location, know how safe the work place is. In itself it is not too useful. However it can be one piece of your safety communication.
If you fail to post the summary, it is a mandatory $500 penalty. There are other penalties which may be assessed:
- Violating Posting Requirements (failure to post OSHA poster, OSHA 300 Annual summary, citations, etc) Maximum: $7,000
- Failure to report fatality/catastrophic event within 8 Hours Minimum: $5,000
- Falsifying records or making false statements $10,000 fine or up to 6 months jail or both
If you have any further questions on OSHA reporting & recording contact a Risk Advisor at 914-357-8444.
