Recordkeeping Update.ppt - Compatibility Mode...Recordkeeping Update 2015, 2016 AND 2017 CHANGES •...
Transcript of Recordkeeping Update.ppt - Compatibility Mode...Recordkeeping Update 2015, 2016 AND 2017 CHANGES •...
Recordkeeping Update2015, 2016 AND 2017 CHANGES
• The rule expands the list of severe work‐related injuries and illnesses that all employersmust report to MIOSHA as described below.
• Fatalities within 8 hours
• And the following within 24 hours:◦ In‐patient hospitalizations of one or more employees ◦ Amputations ◦ Loss of an eye
Expanded Reporting Requirements 2015
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Fatality Reporting
REPORT WITHIN 8 HOURS 1‐800‐858‐0397
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Report All Within 24 Hours Work‐related in‐patient hospitalizations of one or more employees within 24 hours.
Work‐related amputations within 24 hours.
Work‐related losses of an eye within 24 hours.
1‐844‐464‐6742
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Final Rule Updates ‐ 2016The rule also:
•Requires employers to inform employees of their right to report work‐related injuries and illnesses free from retaliation;
•Clarifies the existing implicit requirement that an employer's procedure for reporting work‐related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and
• Incorporates the existing statutory prohibition on retaliating against employees for reporting work‐related injuries or illnesses.
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The rule prohibits employers from taking adverse action against employees for reporting work‐related injuries or illnesses. Adverse action is action taken by the employer that would discourage a reasonable employee from reporting a work‐related illness or injury accurately. Examples of adverse action include:• Discharge, demotion, or denying a substantial bonus or other significant benefit
• Assigning the employee "points" that could lead to future consequences• Demeaning or embarrassing the employee (for example, requiring an employee who reports an illness or injury to wear a fluorescent orange vest for a week)
• Threatening to penalize or otherwise discipline an employee for reporting• Requiring employees to take a drug test for reporting without a legitimate business reason for doing so.
What forms of "retaliation" does this rule prohibit?
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Employee's right to report injuries and illnesses free from retaliationThis rule does not prescribe specific procedures that employers must establish. Rather, employers are free to establish their own procedures. Employers should review their reporting procedures for elements that might deter or discourage a reasonable employee from accurately reporting a workplace injury or illness. Considerations include:
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Employee's right to report injuries and illnesses free from retaliation
• Does the procedure account for work‐related injuries and illnesses that build up over time, have latency periods (i.e., time between exposure and appearance of symptoms), or do not initially appear serious enough to the employee to require reporting to the employer? A procedure that requires immediate reporting without accounting for these circumstances would not be reasonable.
• Does the procedure make reporting so difficult or complicated that a reasonable employee would be discouraged from reporting an injury or illness? For example, if an employee must travel a significant distance to report or must report the same injury or illness multiple times to multiple levels of management the procedure would not be reasonable.
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Final Rule Updates ‐ 2016
The final rule revises OSHA's regulation on Recording and Reporting Occupational Injuries and Illnesses (29 CFR 1904), and by adoption MIOSHA Part 11.
The new rule requires certain employers to electronically submit injury and illness data to OSHA that they are already required to keep under OSHA regulations. The content of these establishment‐specific submissions depends on the size and industry of the employer.
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Why Electronic Submission?This simple change in OSHA’s rulemaking requirements will improve safety for workers across the country. One important reason stems from our understanding of human behavior and motivation. Behavioral economics tells us that making injury information publicly available will “nudge” employers to focus on safety. And, as we have seen in many examples, more attention to safety will save the lives and limbs of many workers, and will ultimately help the employer’s bottom line as well. Finally, this regulation will improve the accuracy of this data by ensuring that workers will not fear retaliation for reporting injuries or illnesses.
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Compliance Schedule2017
Establishments with 20‐249 employees in industries identified in appendix B of the standard and
Establishments with 250 or more employees in industries not identified in appendix A of the standard must submit information from their 2016 form 300A by Dec 15, 2017 (a two‐week extension from the December 1, 2017, compliance date in the proposed rule).
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Compliance Schedule2018
Establishments with 20‐249 employees in industries identified in appendix B of the standard must submit information from their: 2017 form 300A by July 1, 2018
Establishments with 250 or more employees in industries not identified in appendix A of the standard must submit their: 2017 form 300A by July 1, 2018
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Compliance Schedule
2019
Beginning in 2019 and every year thereafter, the information must be submitted by March 2.
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Electronic Submission of Injury and Illness Records
INJURY TRACKING APPLICATION ( ITA)
HTTPS://WWW.OSHA.GOV/INJURYREPORTING/INDEX.HTML
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Who is Required to Submit Data?Establishments with 250 or more employees who are currently required to maintain OSHA injury and illness records
Establishments with 20‐249 employees in certain industries with historically high rates of occupational injuries.
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Industries with Historically High RatesUtilities
Construction
Transportation
Medical facilities
Waste Collection
Postal Service
Nursing Care Facilities
Grocery Stores
Manufacturing
Dry‐cleaning
A full list of industries with historically high rates can be found on the OSHA website.
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Electronic SubmissionWhat needs to be submitted?◦OSHA Form 300A only
When does it need to be submitted?◦ 2018: July 1, 2018◦ 2019 and after: March 2nd
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How do I Submit Data?Create an Injury Tracking Application account
Create an establishment
Enter 300A data for the establishment
Submit Data
If successfully submitted you will get an email confirmation
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Enforcement During an inspection compliance officers will be verifying if required establishments submitted their data by checking the ITA database.
Recordkeeping violations may be issued for failure to submit data.
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AbatementProvide a paper copy of the 300A data to a compliance officer during the inspection
* If you had technical issues submitting your data maintain documentation of your attempts to resolve the issue such as email correspondence with OSHA.
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Frequently Asked QuestionsMay a third party submit data for an establishment?Yes, just as a third party is allowed to maintain the injury and illness records for an employer, a third party is allowed to submit the data for that employer. However, as with recordkeeping, responsibility for the completeness and accuracy of the data lies with the employer, not the third party.
Do I need special software to electronically submit the data to OSHA?No. OSHA has provided a website for the electronic submission of information. The website includes web forms for direct data entry and instructions for other means of submission (e.g. file uploads).
The ITA page on the OSHA website has additional FAQs
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Recordkeeping HelpGeneral recordkeeping questions and deadline information
Check the OSHA website or contact a local OSHA office
Technical Assistance for errors with ITA
Submit a help request form from the websitehttps://www.osha.gov/injuryreporting/ita/help‐request‐
form
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Thank You!
For making worksite safety and health a priority
For all you do…every day…every job!
You Make a Difference in Health and Safety!
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