On August 1, 2017, the Occupational Safety and Health Administration (OSHA) launched its Injury Tracking Application (ITA), which allows employers to begin observing compliance with this year’s new electronic reporting requirements. Through the ITA, employers can submit necessary injury and illness records from their 2016 OSHA Form 300A.
WHY IS THIS CHANGE IMPORTANT?
Ultimately, maintaining injury and illness records allows employers and OSHA to identify trends in workplace hazards and target them more accurately when developing safety programs and regulatory provisions. The transition to electronic reporting will eventually lead to free public access to an employer’s injury and illness history. It is OSHA’s belief that this type of disclosure will effectively “nudge” employers to take greater responsibility for workplace safety as they will soon be held publically accountable.
This will certainly lead to improvements in an employer’s bottom line (as there is no downside to improving and prioritizing safety), but will also be valuable information for employers, workers, OSHA, and researchers, in addition to potential clients and job applicants who would like to ensure a safe working environment before making the next move.
Employers: Information compiled in OSHA-required injury records allow employers to identify trends and patterns of occupational injury in the workplace, contributing greatly to their ability to correct hazards and prevent similar injuries from occurring in the future. This is essential for employers to be able to maximize the effectiveness of their safety and health programs.
Workers: Thanks to their Right to Know, workers are able to access injury and illness records during the required five-year record retention period. Using this knowledge, they can have a better understanding of the hazards common in their workplace, leading to increased awareness and personal responsibility. Seeing in writing how certain hazards can lead to devastating injuries, an informed worker is more likely to observe safe work practices and report known hazards.
OSHA: For OSHA, transforming the information provided by injury records into visual representations allows them to investigate trends and direct their standard and regulatory efforts where they’re needed the most. For example, seeing a pattern emerge in a particular industry where machine-related injuries are unusually common tells OSHA that they need to more closely examine how they approach machine guarding regulation.
Bureau of Labor Statistics (BLS): The BLS takes the data provided by employer injury records and translates them into national statistics. OSHA, Congress, and safety and health policymakers are then able to use these published statistics to make informed decisions in safety and health legislation. Additionally, both employers and employees can use the statistics as a way to compare their workplace to others within the industry.
Included in the final rule which led to these new reporting requirements are improved anti-retaliation measures. Although it has always been against the law for an employer to retaliate against an employee for exercising their right to report injuries and hazards, before this year OSHA could only take action if a worker filed a complaint within 30 days of the retaliation. Now, OSHA can cite employers for retaliation with or without a worker complaint, or if the employer has some sort of workplace program which discourages reporting. The purpose of these revisions is to protect workers who, after experiencing employer retaliation, cannot speak up out of fear of further retaliation.
Employers can comply with the new anti-retaliation protections by informing workers of their right to report workplace injuries and illnesses without retaliation, and ensuring established reporting procedures in no way deter workers from using that right. The former can easily be accomplished by properly displaying OSHA’s “Job Safety and Health: It’s the Law” poster, which is already a requirement.
WHO NEEDS TO SUBMIT INJURY AND ILLNESS RECORDS, AND WHEN?
The new electronic reporting requirements do not change who is required to maintain injury and illness records, or what injury and illnesses are recordable. The only change is in how those records are submitted.
Employers with 20-249 employees are only required to submit necessary injury and illness records if their establishment falls within an industry which has a historically high rate of incidents. If you must submit records:
This year, OSHA Form 300A is due by 12/1/2017
In 2018, OSHA Form 300A is due by 7/1/2018
Beginning in 2019 and every year thereafter, OSHA Form 300A is due by March 2.
Employers with 250 or more employees:
This year, OSHA Form 300A is due by 12/1/2017
In 2018, OSHA Forms 300A, 300, and 301 are due by 7/1/2018
Beginning in 2019 and every year thereafter, OSHA Forms 300A, 300, and 301 are due by March 2
WHAT DO I NEED TO RECORD?
Again, despite updates to how injury and illness records are submitted, what is considered recordable (and therefor mandatory) remains the same:
Any work-related fatality
Any work-related injury or illness that results in loss of consciousness, days away from work, restricted work, or transfer to another job
Any work-related injury or illness requiring medical treatment beyond first aid
Any work-related diagnosed case of cancer, chronic irreversible diseases, fractured or cracked bones or teeth, and punctured eardrums
Needlesticks and sharps injuries where the object was contaminated with another person’s blood or other potentially infectious material
Circumstances under which an employee is medically removed under the medical surveillance requirements of an OSHA standard
If an employee’s hearing test shows the employee has experienced a work-related Standard Threshold Shift (STS) in hearing in one or both ears, and the employee’s total hearing level is 25 decibels or more above audiometric zero in the same ear(s) as the STS
Any employee who has been exposed in the workplace to someone with a known case of active tuberculosis, and later tests positive for a tuberculosis infection
OSHA defines the following as first aid:
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 recordkeeping purposes);
Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment); Cleaning, flushing or soaking wounds on the surface of the skin
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)
Using hot or cold therapy
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)
Using temporary immobilization devices while transporting an accident victim (e.g., splints, slings, neck collars, back boards, etc.). Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister
Using eye patches
Removing foreign bodies from the eye using only irrigation or a cotton swab
Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means
Using finger guards
Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes)
Drinking fluids for relief of heat stress
HOW DO I GO ABOUT SUBMITTING RECORD FORMS?
OSHA’s secure website provides three record data submission options:
Via web form
Via uploaded CSV files for processing single or multiple establishments simultaneously
Via electronic data transmission using an application programming interface (API)
The electronic submission process, regardless of which avenue your establishment takes to achieve this, involves four steps:
Create your establishment (much like creating a user account for other web-based processes)
Inputting summary data from your injury and illness record forms
Officially submitting the data to OSHA
Reviewing the details in your confirmation e-mail to ensure accuracy
You can access OSHA’s Injury Tracking Application to begin the process here. Just remember to prepare ahead and allow yourself enough time to meet the aforementioned deadline.
If you need additional assistance meeting injury and illness recordkeeping requirements, contact one of our safety specialists here.
As we transition to warmer temperatures, it’s important to revisit your workplace’s Heat Illness Prevention Program to ensure your employees are equipped to combat heat-related stress and illnesses. Heat is the number one cause of weather-related fatalities in the United States despite the fact that most heat-related deaths are preventable.
Average high temperatures have seen a steady increase across the country over the past couple of decades. The Environmental Protection Agency (EPA) anticipates that average temperatures will continue to increase, and heat waves will become more frequent and impactful. This prediction should encourage all businesses to look at how their employees are exposed to high temperatures, and what they can do to accommodate.
Businesses with employees who perform work in moderate to high temperatures or humid conditions, especially where increased heart rate and perspiration are concerned, must be given the necessary tools to recognize, understand, and prevent heat stress illnesses.
Essentially, heat stress prevention comes down to workplace design, employee training, and effective work procedures. Design and procedures will vary greatly depending on geographical location and the type of work being performed. Businesses should keep in mind that heat stress can occur regardless of the time of year, in both outdoor and indoor conditions. Required personal protective equipment (PPE) can also have a significant impact on the body’s ability to expel heat. Workers involved with hazardous waste operations or asbestos removal, for example, are often required to wear impermeable protective equipment which can trap heat close to the body. A thorough risk assessment will help businesses identify risk elements such as these.
A strong working knowledge of how the body regulates heat, and how personal factors can affect that regulation, is an extremely valuable tool in prevention. The human body needs to maintain a core temperature between 96.8 (36) and 100.4 (38) degrees Fahrenheit to function at peak performance. Weather conditions, manual labor, and personal factors can cause the core temperature to increase, which can lead to the development of a series of heat-related illnesses.
To regulate internal temperature, the body uses two basic mechanisms. The first is to increase the heart rate which assists in moving blood and heat away from vital organs to the skin. The second is perspiration, during which the body expels heat in moisture through the pores, which then evaporates and carries heat away in the process. Personal factors, such as acclimatization, caffeine and alcohol consumption, hydration replenishment, general health, age, and certain prescription medications can affect how well these mechanisms work and should be taken into consideration before performing work in high temperatures. Perspiration is the more effective of the two mechanisms, which means that proper hydration to replenish fluids lost as sweat is absolutely essential.
There are four common disorders which surface as a result of heat stress, ranging from mild discomfort to life-threatening conditions:
Heat rash is the most common ailment which occurs while working in the heat. It is also called “prickly heat.” Symptoms include red, blotchy, itchy skin, particularly in areas of the body with high perspiration, and a prickling sensation. Rashes which aren’t cleaned thoroughly and frequently may become infected. Moving to a cool environment, cleaning the affected area with cool water, and complete drying are often effective treatments.
Heat cramps occur as a result of salt being lost through perspiration. They are painful muscle spasms causing lumps in the affected muscles, usually the back, legs, and arms. The pain can be severe enough to greatly inhibit movement. Workers should cease activities to tend to cramps as soon as they feel them. Stretching and massaging the affected muscle as well as replacing salt by drinking electrolyte replacement fluids are useful techniques in tending to heat cramps.
Heat exhaustion is a dangerous result of heat stress which can lead to a heat stroke if not treated promptly with first aid. It happens when the body is so overexerted that it cannot supply blood simultaneously to vital organs and the skin for temperature regulations. Inflicted workers may experience weakness, headache, breathlessness, nausea, vomiting, faintness, or loss of consciousness. Call 911 and move workers exhibiting these symptoms to a cool place and give them water to drink. Remove any clothing that isn’t necessary and loosen other clothing. Shower or sponge them down with cool water. It will take at least 30 minutes for the body to cool down after experiencing heat exhaustion.
Heat stroke is a disorder which requires immediate medical attention, and can lead rapidly to fatality if not treated quickly. A person experiencing a heat stroke may experience confusion, hot, dry skin, high body temperatures, lack of sweating, irrational behavior, convulsions, and/or a loss of consciousness. Call 911 right away and take the victim to a cool area to immerse or shower them with cool water. Wrap them in wet sheets and fan them until you can transport them to a hospital or an ambulance arrives.
Knowledge can mean the difference between life and death during a critical victimization of heat stress. Workers should understand the nature and symptoms of heat-related illnesses both in a sense of recognizing them in themselves, and when a coworker is suffering. In many cases, a quick and efficient response can save a heat stress victim from numerous long-term effects that would have otherwise occurred had symptoms gone untreated. Proper training and a strong Heat Stress Prevention Program will help protect worker health year round.
The Occupational Safety and Health Administration (OSHA) is raising its penalties to match the rate of inflation marking the first increase in penalties since 1990.
The interim final rule was published July 1, 2016, and is based on the Federal Civil Penalties Inflation Adjustment Act Improvements Act which became law in November 2015.
OSHA invites public comment for a 45-day period after which clarifying statements will be followed by a final rule. The rule will be in effect during the comment period. Civil penalties have remained unchanged since 1990, which means a 78% increase in maximum and minimum violations for penalties assessed after August 1, 2016 for associated violations assess after November 2, 2015.
This results in serious violations that maxed out at $7,000 per violation can now cost up to $12,471 per violation. Willful or Repeated violation penalties have gone up from $70,000 to $124,709.
The Department of Labor (DOL) has released a fact sheet with more information
This increase isn’t a one-time catch up, agencies are also directed to adjust their penalties for inflation each year. The stated purpose of this adjustment is to maintain the deterrent effect of civil monetary penalties.
This act also affects penalties administered by the Mining Safety and Health Administration (MSHA), Employee Benefits Security Administration (EBSA), Office of Workers’ Compensation Programs (OWCP), Wage and Hour Division (WHD), and the Department of Homeland Security (DHS). A chart of each agency’s adjustments can be downloaded.
Workplaces are feeling the effects of both medical and recreational marijuana legalization. These new laws are making it more difficult to discipline someone who tests positive for marijuana. Ambiguous language protects impaired drivers from prosecution and makes it hard for employers to prove impairment at work.
Unlike alcohol, a test that shows level of marijuana impairment is not available. Instead a person can test positive weeks after using marijuana. One alternative approach to simply banning marijuana use as a component of the company drug and alcohol policy is to cover impairment in the safety policy under fitness for duty.
Start off by requiring employees disclose when they start taking any drug that causes impairment when working a safety sensitive job. This can be marijuana or a cold medicine, and the employee doesn’t have to disclose the drug or medical condition.
Be sure to update all job descriptions to define all safety sensitive jobs in compliance, by just listing essential job functions. Have a policy that states when an employee works in a safety sensitive job they should be able to work in a constant state of alertness and in a safe manner, and disclose when they have taken an impairing effect prescription or other substance.
Then the employer has the right to make a fitness for duty determination or send the employee to an occupational doctor for a fitness for duty evaluation with a copy of the job description. If it comes back that they are impaired and didn’t tell you, then you can manage that under your safety policy, and not your drug policy.
Make sure that all employees have a copy of the written company policy and education on drug and alcohol abuse that includes where to get more information. Supervisors need recurrent training on the effects of drugs and alcohol and how to determine reasonable suspicion.
Everybody needs to know the company position on medical and recreational marijuana and other prescription drug use through a consistent and proactive policy that includes appropriate testing.
OSHA has a full slate of objectives coming up for 2016 and beyond. Here is a brief look at safety issues on the horizon.
OSHA has outlined how the General Duty Clause will be used to cite exposure limits beyond the Permissible Exposure Limits (PEL) to more protective occupational exposure limits based on industry practices, such as the ACGIH Threshold Limit Values (TLV), and the NIOSH Recommended Exposure Limits (REL).
OSHA is looking at rules on infectious diseases based on NIOSH guidelines that will directly affect hospitals, but could also impact any subcontractor working at a hospital.
The last few years, OSHA has fielded enough variance requests for computer based lockout tagout controls that they are creating guidance on the matter. OSHA wants to ensure that these computer systems will lockout the hazard 100 percent of the time and there is a way to tag and sign off on it.
The current Powered Industrial Trucks regulation is recognized to be outdated with several new classes of trolleys, trucks, and pull along tugs being used and an update may come in the last quarter of the year.
Process Safety Management (PSM) is going through a revision. PSM is a large program that mostly guides how to handle hazardous materials in the petrochemical industry.
The ongoing combustible dust revision dust isn’t going to be a factor any time soon because attention is currently focused on impending silica regulation. Since silica dust is generated through cutting and grinding and rarely monitored, many employers will be affected,
The update to the Walking Working Surfaces regulation 1910.23 based on the Construction Fall Protection regulation with a four foot threshold is impending. This may affect a lot of maintenance work, roof repair, and light installs.
Regarding the new Confined Spaces for Construction, heat will be considered an environmental condition that will qualify a confined space into a permit required confined space (PRCS). Also expect that assessing a confined space and a pre-entry rescue plan will be a consideration.
Temporary workers are going to continue to be an emphasis in the upcoming year, focusing on ensuring they are trained to the same level of permanent employees and are being given Personal Protective Equipment (PPE).
An update to the guidance for the Safety and Health Management System is coming out, which is similar to the attempted Industry and Illness Prevention Program (IIPP) regulation. This could eventually affect how compliance officers will look for willfulness violations in citations.
OSHA penalties will increase for the first time since 1990, and are set to increase annually beginning August 1, 2016.
The Bipartisan Budget Act of 2015 that President Obama signed into law on November 2, 2015 contains the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015 which outlines the increases.
The new law requires the Occupational Health and Safety Association (OSHA) to raise its penalties to match inflation rates, bringing it in line with other governmental organizations like the Environmental Protection Agency (EPA).
The initial increase that OSHA must enact by August 1, 2016 cannot exceed the Consumer Price Index (CPI) inflation rate from 1990 to 2015 or 150 percent of current penalties. The new legislations allows OSHA to minimize the increase in penalties by less than the maximum amount if the organization determines the adjustment will have negative economic or social impact. Increases in maximum penalties should match the CPI inflation rate over the previous fiscal year.
The current maximum fine for a Repeat and Willful violation is $70,000, and other violations like Serious, Other Than Serious, and Posting Requirements are $7,000 per violation.
The Federal Office of Management and Budget may issue clarification on this in January 2016. OSHA also has a July 1, 2016 deadline to publish its penalty adjustments.
On September 15, a federal judge sided with the United States Occupational Safety and Health Administration (OSHA) to uphold fines against producers of the film “Midnight Rider” after 27-year-old camera assistant Sarah Jones was killed by a freight train that came through during filming in Wayne County, Georgia. Several others sustained injuries from the incident. According to authorities, the producers did not have permission to operate on the railway.
The crew was preparing to film a dream sequence in which the actor playing rock singer Gregg Allman, on whose life the film was based, would lie on a bed over railway tracks. The crew was told that the two trains which had passed earlier were the last and no further trains were scheduled. When another train did come by, workers rushed to get their gear and themselves out of harm’s way, but could not remove the bed. Jones was struck by both the train and flying metal debris from the bed upon collision.
“Bad management decisions have real and lasting consequences, and when those decisions involve safety, the consequences can be tragic,” said Kurt Petermeyer, OSHA’s regional administrator for the Southeast. “The death of Sarah Jones is particularly disheartening because it was entirely preventable.” OSHA cited Film Allman LLC for one willful and one serious safety violation which resulted in fines of $74,900. Due to the willful exposure of known safety hazards to workers, Randall Miller, the film’s director and producer, pleaded guilty to involuntary manslaughter and criminal trespass, resulting in a two-year prison sentence and a $20,000 fine.
Jones’ death sparked an outcry last year for stricter guidelines for safety on film sets, as hundreds of members of Hollywood’s film crew community came together to hold a candlelight vigil in her remembrance.
“While yesterday’s decision cannot correct or reverse the terrible events of February 2014,” said Petermeyer,” we hope that it will serve as a reminder to the film industry that safety has an important, necessary role on every set and in every workplace.”
It is a common misconception that dangerous stunts are the only hazardous elements in the film industry. The fact is, however, much of film production involves, high-decibel audio, lighting and electrical work, evening work, and the use of heavy equipment such as booms and cranes. The important thing to remember is that no work industry is without its safety hazards.
The strong cultural presence, acceptance and legality of alcohol make it easy to forget what an impact it can have on health. In 2014, according to the World Health Organization, there were over 300,000 alcohol-related deaths in the United States alone, and over 3 million worldwide.
In 2013, over 10,000 people were killed in traffic collisions where alcohol was involved, accounting for 31 percent of all vehicle fatalities. To understand how profoundly drinking alcohol can affect the safety of a workplace, it’s important to learn how it affects the body. When we drink, alcohol’s active ingredient, ethanol, is absorbed into the blood stream and begins to interrupt chemical processes in the brain that ordinarily allow it to function normally. Contrary to popular belief, alcohol doesn’t actually kill brain cells but rather damages nerve cell endings, which bring messages to the cells, leading to a change in overall brain function.
Typical symptoms of alcohol consumption often include slurred speech, clumsiness, and slowed reflexes, all highly dangerous conditions, especially in situations where hazardous work is concerned. Brain function is only a small area affected by alcohol – it can damage the heart, liver, and pancreas as well, and has been linked to several forms of cancer.
The consumption of alcohol can bring extreme hazards to every workplace environment; however, the associated risks are heightened where hazardous machine operation or vehicle use are required.
Additionally, workers who drink heavily are more likely to work at reduced capacity and call in sick, leading to losses in productivity. Workplace effects are noticeable even when alcohol is consumed by a worker the night before a given work day.
How long can alcohol remain in our system? It can vary, depending on multiple factors: body weight and body fat affect the rate of alcohol absorption. Alcohol can be detected through urine testing and, considering the amount of alcohol ingested, can still be evident up to four days after consumption.
In order to protect workers from the harmful effects of alcohol-related incidents in the workplace, a Drug Free Workplace Program (DFWP) with associated training is necessary.
To find out more about how Safety Services Company can help develop a DFWP unique to your business, visit safetyservicescompany.com.
Planning for an OSHA inspection with the proper safety meeting topics is good business. Take these 5 steps to prepare for a surprise worksite inspection and you’ll also have a solid foundation of safe work practices.
When you apply to have OSHA’s safety and health professionals evaluate the worksite, anything they find that needs to be fixed won’t result in a compliance citation as long as it is put right.
2. Make sure you and every other employer understands their responsibilities when it comes to the hazards at each worksite.
Known as the “three Cs”, OSHA can cite employers if they: create the hazard, have control of the worksite, or are responsible to correct the hazard. This means different employers can be cited for the same hazard based on their responsibility for it.
3. Establish your rights.
Ask why the OSHA inspector is at your worksite because they need a legitimate reason. This probable cause can be: reported cases, complaints, targeted inspections or expressed points of emphasis, planned inspections, and even a compliance officer seeing a violation from the street.
Ask for a copy of the complaint/reason before they begin the inspection.
You have the right to restrict an inspection to the scope of the reason they are there. This could be a fatality, reported incident, or complaint. But be aware that anything the inspector sees during that inspection is fair game.
4. Know that OSHA can ask any employees questions in a private interview.
So the employer should make sure every employee can explain they know how to be safe at the worksite.
This also means they don’t have to answer any questions. If it’s the end of a long work day, and they have arranged a carpool, or if they are just shy they don’t have to answer any questions. Just don’t tell the workers you don’t want them to answer any questions, it’s their right to decide if they want to or not.
5. Managers will receive extra scrutiny, so train them up.
Whoever is responsible for the safety of others must know how to ensure it, including being aware of the hazards and the safe ways to mitigate them. The threshold for what OSHA considers a manager is low and includes: working lead, acting foreman, and competent person.
Other Safety School articles that examine the more academic concepts of occupational safety:
I currently have an indoor safety shower, and want an outdoor safety shower just outside the building, does the supply need to be sized in case both showers are used at once?
OSHA’s applicable regulation is 1910.151(c): “Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.”
This is a performance based regulation because it states what the safety shower must accomplish to meet the regulation. This is different from a prescription based regulation that defines an action or a limit, like the occupational noise exposure limit of an 85 decibel limit over eight hours. A prescriptive regulation is the result of a threshold being tested enough times to ensure safety within the stated limit.
The key word to the regulations is “suitable”, meaning the emergency shower has to work good enough considering the hazards at that particular worksite. OSHA explains its stance in an interpretation of the regulation:
“29 CFR 1910.151(c) does not provide specific instruction regarding the installation and operation of emergency eyewash and shower equipment. Therefore, it is the employer’s responsibility to assess the particular conditions related to the eyewash/shower unit…to ensure that the eyewash/shower unit provides suitable protection against caustic chemicals/materials to which employees may be exposed.”
Over the years OSHA has published several interpretations on this regulation, answering questions submitted to them.
In them OSHA refers employers to ANSI Z358.1. The American National Standards Institute (ANSI) is a private organization that develops voluntary standards. Unlike others, OSHA did not adopt this standard, but refers employers to it as a guide with detailed information for installing and operating emergency eyewash and shower equipment. But that means any citation will be the result of not having a suitable emergency shower for the workplace condition.