Days Away From Work

CONN-OSHA Report Finds Injuries And Illnesses In Connecticut Up Slightly In 2000:

Lost Workday Cases

This document provides a list of the major changes from OSHA's old 1904 recordkeeping rule to the new rule employers will begin using in 2002. This list summarizes the major differences between the old and new recordkeeping rules to help people who are familiar with the old rule to learn the new rule quickly.

Scope

§  The list of service and retail industries that are partially exempt from the rule has been updated. Some establishments that were covered under the old rule will not be required to keep OSHA records under the new rule and some formerly exempted establishments will now have to keep records. (§1904.2)

§  The new rule continues to provide a partial exemption for employers who had 10 or fewer workers at all times in the previous calendar year. (§1904.1)

Forms

§  The new OSHA Form 300 (Log of Work-Related Injuries and Illnesses) has been simplified and can be printed on smaller legal-sized paper.

§  The new OSHA Form 301 (Injury and Illness Incident Report) includes more data about how the injury or illness occurred.

§  The new OSHA Form 300A (Summary of Work-Related Injuries and Illnesses) provides additional data to make it easier for employers to calculate incidence rates.

§  Maximum flexibility has been provided so employers can keep all the information on computers, at a central location, or on alternative forms, as long as the information is compatible and the data can be produced when needed. (§1904.29 and §1904.30)

Work related

§  A "significant" degree of aggravation is required before a preexisting injury or illness becomes work-related. (§1904.5(a))

§  Additional exceptions have been added to the geographic presumption of work relationship; cases arising from eating and drinking of food and beverages, blood donations, exercise programs, etc. no longer need to be recorded. Common cold and flu cases also no longer need to be recorded. (§1904.5(b)(2))

§  Criteria for deciding when mental illnesses are considered work-related have been added. (§1904.5(b)(2))

§  Sections have been added clarifying work relationship when employees travel or work out of their home. (§1904.5(b)(6) and §1904.5(b)(7))

Recording criteria

§  Different criteria for recording work-related injuries and work-related illnesses are eliminated; one set of criteria is used for both. (The former rule required employers to record all illnesses, regardless of severity). (§1904.4)

§  Employers are required to record work-related injuries or illnesses if they result in one of the following: death; days away from work; restricted work or transfer to another job; medical treatment beyond first aid; loss of consciousness; or diagnosis of a significant injury/illness by a physician or other licensed health care professional. (§1904.7(a))

§  New definitions are included for medical treatment and first aid. First aid is defined by treatments on a finite list. All treatment not on this list is medical treatment. (§1904.7(b)(5))

§  The recording of "light duty" or restricted work cases is clarified. Employers are required to record cases as restricted work cases when the injured or ill employee only works partial days or is restricted from performing their "routine job functions" (defined as work activities the employee regularly performs at least once weekly). (§1904.7(b)(4))

§  Employers are required to record all needlestick and sharps injuries involving contamination by another person's blood or other potentially infectious material. (§1904.8)

§  Musculoskeletal disorders (MSDs) are treated like all other injuries or illnesses: they must be recorded if they result in days away, restricted work, transfer to another job, or medical treatment beyond first aid.

§  Special recording criteria are included for cases involving the work-related transmission of tuberculosis or medical removal under OSHA standards. (§1904.9 and §1904.11)

Day counts

§  The term "lost workdays" is eliminated and the rule requires recording of days away, days of restricted work, or transfer to another job. Also, new rules for counting that rely on calendar days instead of workdays are included. (§1904.7(b)(3))

§  Employers are no longer required to count days away or days of restriction beyond 180 days. (§1904.7(b)(3))

§  The day on which the injury or illness occurs is not counted as a day away from work or a day of restricted work. (§1904.7(b)(3) and §1904.7(b)(4))

Annual Summary

§  Employers must review the 300 Log information before it is summarized on the 300A form. (§1904.32(a))

§  The new rule includes hours worked data to make it easier for employers to calculate incidence rates. (§1904.32(b)(2))

§  A company executive is required to certify the accuracy of the summary. (§1904.32(b)(3))

§  The annual summary must be posted for three months instead of one. (§1904.32(b)(6))

Employee involvement

§  Employers are required to establish a procedure for employees to report injuries and illnesses and to tell their employees how to report. (§1904.35(a))

§  The new rule informs employers that the OSH Act prohibits employers from discriminating against employees who do report. (§1904.36)

§  Employees are allowed to access the 301 forms to review records of their own injuries and illnesses. (§1904.35(b)(2))

§  Employee representatives are allowed to access those parts of the OSHA 301 form relevant to workplace safety and health. (§1904.35(b)(2))

Protecting privacy

§  Employers are required to protect employee's privacy by withholding an individual's name on Form 300 for certain types of sensitive injuries/illnesses (e.g., sexual assaults, HIV infections, mental illnesses, etc.). (§1904.29(b)(6) to §1904.29(b)(8))

§  Employers are allowed to withhold descriptive information about sensitive injuries in cases where not doing so would disclose the employee's identity. (§1904.29(b)(9))

§  Employee representatives are given access only to the portion of Form 301 that contains information about the injury or illness, while personal information about the employee and his or her health care provider is withheld. (§1904.35(b)(2))

§  Employers are required to remove employees' names before providing injury and illness data to persons who do not have access rights under the rule. (§1904.29(b)(10))

Reporting information to the government

§  Employers must call in all fatal heart attacks occurring in the work environment. (§1904.39(b)(5))

§  Employers do not need to call in public street motor vehicle accidents except those in a construction work zone. (§1904.39(b)(3))

§  Employers do not need to call in commercial airplane, train, subway or bus accidents. (§1904.39(b)(4))

§  Employers must provide records to an OSHA compliance officer who requests them within 4 hours. (§1904.40(a))