OSHA Recordkeeping Handbook - Msabc.net

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Scenario 5:• An employee drives into the company parking lot at 7:30 a.m., exits his car, and proceeds tocross the parking lot to clock-in to work.• A second employee, also on the way to work, approaches the first employee, and the two individualsget into a physical altercation in the parking lot. The first employee breaks an arm during thealtercation.• 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 hadnot yet reported to work and a work task was not being performed at the time of the altercation.Response: The recordkeeping regulation contains no general exception for purposes of determiningwork-relationship for cases involving acts of violence in the work environment. Company parkinglots/access roads are part of the employer’s premises and therefore part of the employer’s establishment.Whether the employee had not clocked in to work does not affect the outcome for determiningwork-relatedness. The case is recordable on the OSHA log, because the injury meets the generalrecording criteria contained in Section 1904.7.§1904.31Scenario 6:• An employee injured a knee performing work-related activities in 2001.• The accident was OSHA recordable and subject to worker’s compensation.• The employee had arthroscopic knee surgery eleven months later and was released to full duty amonth and a half after the arthroscopic surgery.• The employee had a second knee injury three months after the return to work release (after thefirst surgery).• Post-surgery (second surgery), the doctor prescribed Vioxx® as an anti-inflammatory.• Approximately one and one-half months after the second knee surgery, the employee was givenanother full release to return to work full duty and returned to work.• However, the doctor told the employee to continue to take Vioxx® as prescribed (as needed) andto return to the doctor as needed.• The employee scheduled a follow-up appointment with the doctor.• The day before the appointment, the employee bumped his knee at work.• During his scheduled doctor’s appointment (was to be the last follow-up visit) the employee mentionedthe latest incident (bumping the knee) to the doctor and showed him where the pain wasoccurring due to bumping his knee.• The doctor stated that the employee had an inflamed tendon (Grade 1 lateral collateral ligamentsprain) that was not part of the initial surgery (patellar tendonitis).• The doctor stated in the diagnosis that the original injury that required knee surgery was resolved.• The doctor told the employee to continue taking Vioxx® for the inflamed tendon.Since the employee was already taking the medication prescribed (Vioxx®), the site does not believethis is recordable as a second incident.Response: In the recordkeeping regulation, the employer is required to follow any determination aphysician or other licensed health care professional has made about the status of a new case. Theinflamed tendon is a new case because the employee had completely recovered from the previousinjury and illness and a new event or exposure had occurred in the work environment. Therefore,for purposes of OSHA recordkeeping, the employer would enter the case on the OSHA 300 log asappropriate.Scenario 7:• A site hired numerous temporary workers at its plant.• Three temporary workers were injured.• They each received injuries that were recordable on the OSHA 300 Log.• The employees were under the direct supervision of the site.Is it correct that these injuries were recordable on the site log or should they have been recordableon the temp agency log? What are the criteria related to temporary workers that need to bereviewed to determine which OSHA log is appropriate for recording the injury/illness?130OSHA RECORDKEEPINGHANDBOOK
Response: Section 1904.31 states that the employer must record the injuries and illnesses that occurto employees not on its payroll if it supervises them on a day-to-day basis. Day-to-day supervisiongenerally exists when the employer “supervises not only the output, product, or result to be accomplishedby the person’s work, but also the details, means, methods, and processes by which thework objective is accomplished.”Thank you for your interest in occupational safety and health. We hope you find this informationhelpful. OSHA requirements are set by statute, standards and regulations. Our interpretation lettersexplain these requirements and how they apply to particular circumstances, but they cannot createadditional employer obligations. This letter constitutes OSHA’s interpretation of the requirementsdiscussed. Note that our enforcement guidance may be affected by changes to OSHA rules. In addition,from time to time we update our guidance in response to new information. To keep appraisedof such developments, you can consult OSHA’s website at http://www.osha.gov. If you have any furtherquestions, please contact the Division of Recordkeeping Requirements, at 202-693-1702.Sincerely,Frank FrodymaActing Director§1904.31Letter of interpretation related to sections 1904.29, 1904.29(a), 1904.29(b), 1904.29(b)(2), 1904.31, 1904.33,1904.35, 1904.40 and 1904.46 –Recording criteria for cases involving workers from a temporary help service, employee leasing service, orpersonnel supply service.June 23, 2003Mr. Edwin G. Foulke, Jr.Jackson Lewis LLP2100 Landmark Building301 North Main StreetGreenville, SC 29601-2122Dear Mr. Foulke:Thank you for your April 3, 2003 facsimile and April 10, 2003 letter to the Occupational Safetyand Health Administration (OSHA) regarding the Injury and Illness Recording and ReportingRequirements contained in 29 CFR Part 1904. Specifically, you ask OSHA to clarify the recordingcriteria for cases involving workers from a temporary help service, employee leasing service, or personnelsupply service. Your questions have been outlined below followed by OSHA’s response.Question 1: Under 29 CFR Section 1904.31, employers who supervise temporary or leased employeesat their facility are required to maintain the OSHA 300 Logs for those employees. With respectto those injuries, can the employer keep a separate 300 Log for the company employees and onelog for the temporary or leased employees?OSHA RECORDKEEPINGHANDBOOK131
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OSHARecordkeeping HandbookThe Regul
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ContentsRecordkeeping HandbookRoadm
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Section 1904.40Providing records to
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Section 1904.0Purpose(66 FR 6122, J
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Section 1904.1Partial exemption for
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Section 1904.2Partial exemption for
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employees, to OSHA within 8 hours (
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Partial Exemptions for Employers Un
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Section 1904.4Recording criteria(66
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Section 1904.5Determination of work
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(b)(7) How do I decide if a case is
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well, including providing informati
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This exception, which responds to i
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or she is in the work environment a
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have occurred but for the occupatio
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considered work-related. If an empl
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Question 5-12. Is work-related stre
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• The doctor described the illnes
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Scenario 7:• A site hired numerou
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Letter of interpretation related to
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These principles should be applied
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The problem with the response is tw
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Section 1904.6Determination of new
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the Guidelines stated that “the a
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estricted work. If the case is a pr
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• The doctor also prescribed the
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• The employees were under the di
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Section 1904.7General recording cri
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(iii) Do I have to record restricte
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of the length of time the employee
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then result in days away from work
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A partial day of work is recorded a
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In all other respects, the final ru
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ments. The Agency believes that the
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e recorded because it will require
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However, episodes of fainting from
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care professional, he or she may al
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“Other simple means” of removin
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For purposes of OSHA recordkeeping
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• When answering the doctor’s q
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Response: In the recordkeeping regu
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Letter of interpretation related to
Page 87 and 88: Section 1904.8Recording criteria fo
Page 89 and 90: caused by contaminated needles and
Page 91 and 92: Section 1904.9Recording criteria fo
Page 93 and 94: Section 1904.10Recording criteria f
Page 95 and 96: hearing loss case that is not relat
Page 97 and 98: average of 10 decibels or more at 2
Page 99 and 100: argued that because the function of
Page 101 and 102: occurs, and where hearing loss can
Page 103 and 104: cases in their workplace via analys
Page 105 and 106: March 4, 2004Mr. Carl O. Sall, CIHD
Page 107 and 108: When the professional evaluating th
Page 109 and 110: (2) May I line-out or erase a recor
Page 111 and 112: Section 1904.12Recording criteria f
Page 113 and 114: These new statistics would add only
Page 115 and 116: Sections 1904.13 - 1904.28 Reserved
Page 117 and 118: two lines of the OSHA 300 Log to de
Page 119 and 120: which replace the OSHA 200 and 101
Page 121 and 122: different types of occupational ill
Page 123 and 124: OSHA 301 form. These data are usefu
Page 125 and 126: LETTERS OF INTERPRETATION: Section
Page 127 and 128: Question 2: Under 29 CFR Section 19
Page 129 and 130: and has adopted language in the fin
Page 131 and 132: Section 1904.31Covered employees(66
Page 133 and 134: label assigned to a worker is immat
Page 135 and 136: These workers should be evaluated j
Page 137: Response: A case is work-related if
Page 141 and 142: Thank you for your interest in occu
Page 143 and 144: year covered by the summary. The su
Page 145 and 146: 2. Number of employees and hours wo
Page 149 and 150: Section 1904.33Retention and updati
Page 151 and 152: June 23, 2003Mr. Edwin G. Foulke, J
Page 153 and 154: Section 1904.34Change in business o
Page 155 and 156: PREAMBLE DISCUSSION: Section 1904.3
Page 157 and 158: Incident Report (Forms 300 and 301,
Page 159 and 160: workers’ compensation claim. See
Page 163 and 164: Letter of interpretation related to
Page 165 and 166: Question 3: Using the facts in Ques
Page 167 and 168: Section 1904.37State recordkeeping
Page 169 and 170: tion, require employers to report f
Page 171 and 172: (5) If I receive a variance, may th
Page 173 and 174: Section 1904.39Reporting fatalities
Page 175 and 176: gation. Therefore, the final rule d
Page 177 and 178: Section 1904.40Providing records to
Page 179 and 180: ness. The government inspector may
Page 181 and 182: Response: The controlling employer
Page 183 and 184: FREQUENTLY ASKED QUESTIONS: Section
Page 185 and 186: OSHA and the BLS have worked togeth
Page 187 and 188: provide copies of the retained reco
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FREQUENTLY ASKED QUESTIONS: Section
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Section 1904.46Definitions(66 FR 61
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of business information. For exampl
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inconvenience associated with keepi
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skin disease, respiratory disorder,
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Question 2: Under 29 CFR Section 19
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