Copyright © 2008, ORC Worldwide. All rights reserved. (Another…ugh) OSHA Recordkeeping...

Copyright © 2008, ORC Worldwide. All rights reserved.

(Another…ugh) OSHA Recordkeeping Discussion….

"This is like déjà vu all over again.“ Yogi Berra


“I don’t tell jokes, I just watch the government and report the facts.”Will Rogers


Perceived Problems The OSHA data are not accurate

• Difficult to understand the complex criteria

• Some employers intentionally under report

• Some employees milk the system by over reporting

OSHA definitions are overly inclusive and don’t make sense

• Include things that can’t be managed

• Include stupid stuff

THE OSHA RK system is inefficient

• Too much time spent on contentious debates over whether or not something is “recordable”

• Push back by plant managers and others to keep information off the OSHA log

The OSHA system does not meet critical needs for surveillance and for managing worker safety and health


Importance for Business Industry uses OSHA records as the basis for

“trailing indicators” • Primary metric used to assess safety and health

performance • Used to benchmark internally and externally• Used to benchmark domestically and internationally

Data can be useful for some hazard analysis and risk identification

Linked to Sarbanes Oxley Closer connection evolving to Sustainability

and Corporate Social Responsibility


Importance for Government BLS uses the data to:

• Produce national and state statistics (rates and numbers) of injuries and (acute) illness

• Help develop CFOI

OSHA uses data to:

• Target individual establishments for safety inspections

• Support local emphasis programs & broader inspection targeting

• Qualify sites for voluntary programs

• Develop regulations and conduct regulatory impact analysis

OSHA also uses data for performance measurement -- Government Performance Results Act (GPRA)

NOSH uses the data to support S&H research OMB requires that Recordkeeping Audits be conducted as a prerequisite to

OMB approval.


Copyright © 2007, ORC Worldwide

Scrutiny Increasing

Several independent studies release dramatic findings

• 2006: The BLS survey missed up to 68% of injuries and illnesses in Michigan between 1999 and 2001.

• 2007: Rate of injuries in Illinois from 1995 – 2003 was really constant; not the 37.4 percent decline reported by BLS

• 2007: 83 percent of reported decline in injuries and illnesses from 1993 to 2002 can be attributed to changes in OSHA recordkeeping criteria.

• 2008: In six states BLS survey only captures 76 percent of all injuries


Increasing Scrutiny cont.

June 2008 Congressional Hearings: Hidden Tragedy: Underreporting of Workplace Injuries and Illnesses

July 2008: Bill Moyers Special on PBS: 20,000 Cuts

Accuracy of recordkeeping clearly a priority for the incoming administration

OSHA detailed records checks likely to increase

We may be on the verge of another “perfect storm”


How Did We Get Here: Brief History Congress passed OSH Act in 1970 that mandated a new

recordkeeping/statistical system Purpose of system was to produce aggregate national

and state statistics – not reflect health and safety at company or facility level

Broad coverage – all industries/all sized establishments Need for simplicity and ability to identify emerging conditions

resulted in very inclusive requirements and definitions In a nutshell, the OSHA system was designed

for surveillance; not to measure performance at individual sites


As a Result…

OSHA requirements = broad • Work relationship = “geographic” • OSHA rules include a finite list of first aid

treatments – ALL OTHER treatments are considered medical treatment beyond first

aid, and are recordable OSHA exceptions = narrow Mentality = “When in doubt, record.”

For surveillance this makes sense…


Evolution of Recordkeeping Definitions

Initially developed by joint business, labor, government roundtable

Definitions limited to back of OSHA forms

Questions submitted by employers – eventually compiled by BLS into guidelines

BLS “Bluebook” written in 1986

Revised rule issued in 2001


What Happened To Shift Use from Surveillance ?

Under Thorne Auchter OSHA began targeting entire industries based on the industry lost workday injury rates

Business responded by pushing back on what was deemed recordable

Union Carbide, Institute West Virginia was the first large RK citation

100 egregious willful recordkeeping citations in late ’80s

Over time OSHA rates became the primary S&H metric


Our Current Dilemma… OSHA system being asked to do too much

Definitions that work for general surveillance do not work well for accountability and performance measurement purposes

Domestic criteria hard to apply in a global business environment

OSHA unable to fix the root cause of the problem – the misuse of the data as the sole metric for safety and health


Solutions: One Perspective…

1. Improve the way the system functions

2. Address the root cause -- improve the use of the data

3. Recognize what the system does well and where it needs to be supplemented


1. Improving the Way the System Functions Clarify critical grey areas and eliminate

the “stupid stuff” Develop an expert system OSHA should implement a cooperative

compliance program to encourage use• Employer signs statement they are using

the OSHA software• OSHA forgoes detailed records check and

verifies they are in fact using it


2. Improving the Use of the Data System OK for injury and acute illness

surveillance Not OK for performance measurement

• Leading indicators needed to drive and assess performance; agreed upon leading indicators needed for benchmarking

• An agreed upon subset of the OSHA data should be developed as an appropriate trailing indicator


3. Recognizing System Limitations OSHA system doesn’t work well for chronic

and long term latent illnesses Why?

• Difficulty in recognition• Influence of confounding factors on work

relationship determinations• Calendar year reporting of occurrence

Alternatives:• Capture occurrence at point of service• Conduct household surveys • Assess prevalence by occupation


That’s all, folks!!

Copyright © 2008, ORC Worldwide. All rights reserved. (Another…ugh) OSHA Recordkeeping...

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