OSHA Recordkeeping
Common Problems
Instructor
o Patti Kapperman, ISCS
•
•
•
•
Patti.kapperman@bwc.state.oh.us
(567) 204-8916
University of Findlay
Private industry experience
Recordkeeping vs. Workers’
Compensation
o OSHA Recordkeeping regulations are federal
regulations which apply nationally
o Workers’ Compensation laws are made by the
Ohio Legislature and only apply to businesses
conducting business in Ohio and their Ohio
based employees.
o They have no relationship to each other
o Examples
Letters of Interpretation
o 1904 regulation links 215 LOI
o LOI is the law and fully enforceable
o LOI’s clarify the regulation
The decision tree for recording work-related injuries and illnesses.
Did the employee experience an
injury or illness?
No
Yes
No
Is the injury or
illness work-related?
Yes
No
Is the injury
or illness a new case?
Update the previously
recorded injury or illness
entry if necessary.
Yes
No
Do not record the
injury or illness
Does the injury or illness meet the
general recording criteria
or the application to specific cases?
Yes
Record the
injury or illness
Work Relatedness
o PRESUMPTION of work relatedness
o Work environment
o 9 Exemptions
o Cause, contribute, discernable
o Event or exposure
Scenario 1:
An employee reports to work.
Several hours later, the employee goes outside for a "smoke break."
The employee slips on the ice and injures his back.
Since the employee was not performing a task related to the employee's
work, the company has deemed this incident non-work related and
therefore not recordable.
Is this work related?
Scenario 1:
An employee reports to work.
Several hours later, the employee goes outside for a "smoke break."
The employee slips on the ice and injures his back.
Since the employee was not performing a task related to the employee's
work, the company has deemed this incident non-work related and
therefore not recordable.
Scenario 2:
An employee drives into the company parking lot at 7:30 a.m., exits his car,
and proceeds to cross the parking lot to clock-in to work.
A second employee, also on the way to work, approaches the first
employee, and the two individuals get into a physical altercation in the
parking lot. The first employee breaks an arm during the altercation.
The employee goes to the doctor and receives medical treatment for his
injury.
The company deems this non-work related, and therefore non-recordable,
since the employees had not yet reported to work and a work task was not
being performed at the time of the altercation.
Is this case work related?
Scenario 2:
An employee drives into the company parking lot at 7:30 a.m., exits his car,
and proceeds to cross the parking lot to clock-in to work.
A second employee, also on the way to work, approaches the first
employee, and the two individuals get into a physical altercation in the
parking lot. The first employee breaks an arm during the altercation.
The employee goes to the doctor and receives medical treatment for his
injury.
The company deems this non-work related, and therefore non-recordable,
since the employees had not yet reported to work and a work task was not
being performed at the time of the altercation.
Pre-Existing Condition
o Injury or illness that resulted solely from a nonwork-related event or exposure that occurred
outside the work environment
• See bullet 2 of Exemptions
o There is no medical definition related to
Recordkeeping
Significant Aggravation
o An event or exposure in the work environment
results in any of the following for a pre-existing
condition:
• Death
• Loss of consciousness
• One or more days away from work, days of restricted
work, or job transfer where there wasn’t before
• Medical treatment where no medical treatment was
previously needed or a change in medical treatment
was necessitated
Scenario 3:
Is an injury sustained by an employee while he or she is engaged in an
activity such as walking, bending, tripping, climbing a staircase, sneezing,
etc considered work-related?
You also ask whether the determination of work-relationship would be
affected by the existence of a pre-existing condition, whether work-related
or non-work-related, affecting the same body part that is injured. Is the
determination of work relatedness affected by a pre-existing condition?
Scenario 3:
Is an injury sustained by an employee while he or she is engaged in an
activity such as walking, bending, tripping, climbing a staircase, sneezing,
etc considered work-related?
You also ask whether the determination of work-relationship would be
affected by the existence of a pre-existing condition, whether work-related
or non-work-related, affecting the same body part that is injured.
Scenario 4:
An employee reported to work and another employee noticed he was
sweating profusely. Once the employee was on the job site, he put on the
proper PPE for the task at hand. This PPE consisted of rubber boots,
rubber gloves, a slicker suit, hard hat with face shield and goggles. The
employee then stated that he had been sweating a lot since he left his
house to come to work and wasn't feeling well. An on-site paramedic was
notified and the employee was put into an ambulance and was administered
oxygen and an IV of saline shift paramedic as a precautionary measure
since they were unsure of his illness. The employee was transported to the
hospital for further evaluation. The hospital continued the saline IV and had
vitals monitored and a blood test done.
Is this case work-related? If so, is this an OSHA Recordable?
Scenario 4:
An employee reported to work and another employee noticed he was
sweating profusely. Once the employee was on the job site, he put on the
proper PPE for the task at hand. This PPE consisted of rubber boots,
rubber gloves, a slicker suit, hard hat with face shield and goggles. The
employee then stated that he had been sweating a lot since he left his
house to come to work and wasn't feeling well. An on-site paramedic was
notified and the employee was put into an ambulance and was administered
oxygen and an IV of saline by the shift paramedic as a precautionary
measure since they were unsure of his illness. The employee was
transported to the hospital for further evaluation. The hospital continued
the saline IV and had vitals monitored and a blood test done. Is this case
work-related? If so, is this an OSHA Recordable?
Routine Function
o Work activities the employee regularly performs
at least once per week.
o One of the most common recordkeeping errors
• Employee gets a no left hand restriction. Would an
employee normally use left hand at least once per
week? If so, restricted work.
• What about job rotation?
First Aid vs. Medical
Treatment
o ANY treatment not listed on first aid list is
medical treatment and, therefore, recordable.
o Diagnostic procedures (x-rays) and observation
o Prescription medications
Scenario 5:
Identify whether these two types of treatments constitute first aid or
medical treatment for purposes of applying OSHA's recordkeeping rule and
provide your reasoning.
1. The use of glue to close a wound.
2. The use of a prescription antibiotic to prevent a possible infection for a
puncture wound.
Scenario 5:
Identify whether these two types of treatments constitute first aid or
medical treatment for purposes of applying OSHA's recordkeeping rule and
provide your reasoning.
1. The use of glue to close a wound.
2. The use of a prescription antibiotic to prevent a possible infection for a
puncture wound.
Common Recordkeeping
Errors
o
o
o
o
o
300 Log not filled out fully
Numbers in columns where check marks belong
Poor communication between Safety and HR
Temporary employees not included on Log
Confused OSHA requirements with BWC
requirements
o Column F does not contain enough information
Common Recordkeeping
Errors
o Using a physicians opinion to determine
“significant aggravation”
o Failure to accurately record restricted work
o No Return to Work forms
o No case numbers
o Incomplete FROI or no 301
Scenario 6:
An employee is injured and is placed under a work restriction(s) by a
physician; however, the employer does not have any available restricted
work for a period of time.
Should this case be classified as "Days away from work" or "Job transfer or
restriction"?
Scenario 6:
An employee is injured and is placed under a work restriction(s) by a
physician; however, the employer does not have any available restricted
work for a period of time. Should this case be classified as "Days away from
work" or "Job transfer or restriction"?
Scenario 7:
An employee was performing routine work activities in a manufacturing
setting and was struck by an object that caused damage to his dental
bridge. The employee to date has chosen not to seek any medical or dental
treatment or consultation.
Would damage to a denture in the presence of no other discernable injury
be considered a recordable injury requiring entry on the OSHA 300 log even
when medical treatment is not administered?
Scenario 7:
An employee was performing routine work activities in a manufacturing
setting and was struck by an object that caused damage to his dental
bridge. The employee to date has chosen not to seek any medical or dental
treatment or consultation.
Would damage to a denture in the presence of no other discernable injury
be considered a recordable injury requiring entry on the OSHA 300 log even
when medical treatment is not administered?
Questions?