OSHA Recordkeeping Handbook - Msabc.net

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§1904.38cited and the citation is still under review by a court,an Administrative Law Judge (ALJ), or the OSHReview Commission.The final rule also states that the AssistantSecretary may revoke a variance at a later date if theAssistant Secretary has good cause to do so, andthat the procedures for revoking a variance will followthe same process as OSHA uses for reviewingvariance petitions. Except in cases of willfulness orwhere necessary for public safety, the AssistantSecretary will: Notify the employer in writing of thefacts or conduct that may warrant revocation of avariance and provide the employer, employees, andauthorized employee representatives with an opportunityto participate in the revocation procedures.......This section of the final rule codifies the shift inresponsibilities from the BLS to OSHA with regard tovariances....The final rule adds several provisions to those ofthe former rule. They include (1) the identification ofpetitioning employers’ pending citations in State planstates, (2) the discretion given to OSHA not to considera petition if a citation on the same subject matteris pending, (3) the clarification that OSHA mayprovide additional notice via the Federal Register andopportunity for comment, (4) the clarification thatvariances have only prospective effect, (5) the opportunityof employees and their representatives to participatein revocation procedures, and (6) the voidingof all previous variances and exceptions....OSHA has decided, after further consideration, tocontinue to include a specific recordkeeping variancesection in the final rule, and not to require employerswho wish a recordkeeping variance or exception tofollow the more rigorous procedures in 29 CFR Part1905. The procedures in Part 1905, which were developedfor rules issued under sections 6 and 16 of theOSH Act, may not be appropriate for rules issuedunder section 8 of the Act, such as this recordkeepingrule.The final rule thus retains a section on varianceprocedures for the recordkeeping rule. OSHAbelieves that few variances or exceptions will begranted under the variance procedures of the finalrule because other provisions of the final rule alreadyreflect many of the alternative recordkeeping proceduresthat employers have asked to use over theyears, such as electronic storage and transmission ofdata, centralized record maintenance, and the use ofalternative recordkeeping forms. Because thesechanges have been made to other sections of thefinal rule, there should be little demand for variancesor exceptions....The final changes to the variance section of theformer rule are minor. The primary change is tomake clear that OSHA, rather than the BLS, has theresponsibility for granting recordkeeping variancesor exceptions....Paragraph (i) of the final rule supports paragraph(c)(7) from this same section because it provides amechanism for giving OSHA notice of a citationpending before a state agency. Paragraph (i) alsoclarifies that variances only apply to future events,not to past practices. Paragraph (j) of section 1904.38of the final rule nullifies all prior variances and exceptions.OSHA believes that it is important to beginwith a “clean slate” when the final recordkeepingrule goes into effect. Employers with existing variancescan repetition the agency if the final rule doesnot address their needs. Another addition to the finalrule makes explicit that OSHA can provide additionalpublic notice via the Federal Register and may offeradditional opportunity for public comment. A finaladdition recognizes and makes clear that employeescan participate in variance revocation proceedings.FREQUENTLY ASKED QUESTIONS: Section 1904.38 (OSHA Instruction, CPL 2-0.135, Chap. 5)Section 1904.38 Variances from the recordkeeping ruleThis section will be developed as letters of interpretation become available.LETTERS OF INTERPRETATION: Section 1904.38Section 1904.38 Variances from the recordkeeping ruleThis section will be developed as letters of interpretation become available.164OSHA RECORDKEEPINGHANDBOOK
Section 1904.39Reporting fatalities and multiple hospitalizationincidents to OSHA(66 FR 6133, Jan. 19, 2001)REGULATION: Section 1904.39Subpart E – Reporting fatality, injury and illness information to the government(66 FR 6133, Jan. 19, 2001)§1904.39Section 1904.39 Reporting fatalities and multiple hospitalization incidents to OSHA(a) Basic requirement.Within eight (8) hours after the death of anyemployee from a work-related incident or the inpatienthospitalization of three or more employees asa result of a work-related incident, you must orallyreport the fatality/multiple hospitalization by telephoneor in person to the Area Office of theOccupational Safety and Health Administration(OSHA), U.S. Department of Labor, that is nearest tothe site of the incident. You may also use the OSHAtoll-free central telephone number, 1-800-321-OSHA(1-800-321-6742).(b) Implementation.(1) If the Area Office is closed, may I report theincident by leaving a message on OSHA’s answeringmachine, faxing the area office, or sending an e-mail?No, if you can’t talk to a person at the Area Office,you must report the fatality or multiple hospitalizationincident using the 800 number.(2) What information do I need to give to OSHAabout the incident?You must give OSHA the following informationfor each fatality or multiple hospitalization incident:(i) The establishment name;(ii) The location of the incident;(iii) The time of the incident;(iv) The number of fatalities or hospitalizedemployees;(v) The names of any injured employees;(vi) Your contact person and his or her phonenumber; and(vii) A brief description of the incident.(3) Do I have to report every fatality or multiplehospitalization incident resulting from a motor vehicleaccident?No, you do not have to report all of these incidents.If the motor vehicle accident occurs on a publicstreet or highway, and does not occur in a constructionwork zone, you do not have to report theincident to OSHA. However, these injuries must berecorded on your OSHA injury and illness records, ifyou are required to keep such records.(4) Do I have to report a fatality or multiple hospitalizationincident that occurs on a commercial orpublic transportation system?No, you do not have to call OSHA to report a fatalityor multiple hospitalization incident if it involves acommercial airplane, train, subway or bus accident.However, these injuries must be recorded on yourOSHA injury and illness records, if you are requiredto keep such records.(5) Do I have to report a fatality caused by a heartattack at work?Yes, your local OSHA Area Office director willdecide whether to investigate the incident, dependingon the circumstances of the heart attack.(6) Do I have to report a fatality or hospitalizationthat occurs long after the incident?No, you must only report each fatality or multiplehospitalization incident that occurs within thirty (30)days of an incident.(7) What if I don’t learn about an incident rightaway?If you do not learn of a reportable incident at thetime it occurs and the incident would otherwise bereportable under paragraphs (a) and (b) of this section,you must make the report within eight (8) hoursof the time the incident is reported to you or to anyof your agent(s) or employee(s).OSHA RECORDKEEPINGHANDBOOK165
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www.osha.govOSHARecordkeepingHandbo
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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
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Section 1904.8Recording criteria fo
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caused by contaminated needles and
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Section 1904.9Recording criteria fo
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Section 1904.10Recording criteria f
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hearing loss case that is not relat
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average of 10 decibels or more at 2
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argued that because the function of
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occurs, and where hearing loss can
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cases in their workplace via analys
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March 4, 2004Mr. Carl O. Sall, CIHD
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When the professional evaluating th
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(2) May I line-out or erase a recor
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Section 1904.12Recording criteria f
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These new statistics would add only
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Sections 1904.13 - 1904.28 Reserved
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two lines of the OSHA 300 Log to de
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which replace the OSHA 200 and 101
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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 and 138: Response: A case is work-related if
Page 139 and 140: Response: Section 1904.31 states th
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: (5) If I receive a variance, may th
Page 175 and 176: gation. Therefore, the final rule d
Page 177 and 178: Section 1904.40Providing records to
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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
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Page 189 and 190: FREQUENTLY ASKED QUESTIONS: Section
Page 191 and 192: Section 1904.46Definitions(66 FR 61
Page 193 and 194: of business information. For exampl
Page 195 and 196: inconvenience associated with keepi
Page 197 and 198: skin disease, respiratory disorder,
Page 199 and 200: Question 2: Under 29 CFR Section 19
Page 201: www.osha.gov
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