OSHA moves to update recordkeeping and reporting requirements for low-risk industries

Today's post comes from G.Neil's HR News Weekly:

A recent proposal by the Occupational Safety and Health Administration (OSHA) would exclude certain low-risk industries from injury and illness recordkeeping and reporting requirements. In consideration of the proposal, OSHA is seeking input on questions such as:

=> Which industry sectors, if any, should be ineligible for partial exemption?
=> Should OSHA consider numbers of workers injured or made ill in each industry in addition to industry injury/illness rates in determining eligibility for partial exemption?
=> Should OSHA regularly update the list of lower-hazard exempted industries? If so, how frequently should the list be updated?

In addition to considering a list of "lower-hazard" industries eligible for partial exemption, OSHA is proposing that employers report all work-related fatalities and in-patient hospitalizations within eight hours (and amputations within 24 hours). Currently, employers only have to report these incidents if they involve three or more employees. 

OSHA is accepting comments and feedback on the proposed changes through September 20, 2011.

The ComplyRight™ OSHA Recordkeeping System not only takes the guesswork out of the latest regulations, but it also makes it easy to complete the mandatory OSHA forms and post OSHA safety information - in full compliance with the law.

OSHA moves to update recordkeeping and reporting requirements for low-risk industries

EEOC may extend recordkeeping requirements to GINA-covered entities

Today's post comes from G.Neil's HR News Weekly:

The Equal Employment Opportunity Commission (EEOC) is recommending an extension of the recordkeeping requirements under Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) to employers and entities covered by Title II of the Genetic Information Nondiscrimination Act (GINA).

To clarify all those acronyms and numbers, what this means is this: The EEOC would like to update the current Title VII and ADA recordkeeping regulations to add references to GINA. According to the EEOC, the proposal wouldn't create additional documents or impose any new reporting requirements. Rather, it would extend the same record retention requirements under GINA that are imposed under Title VII and the ADA.

(As a reminder, Title II of GINA prohibits the use of genetic information to make employment decisions, while also restricting the acquisition or disclosure of genetic information by employers and other GINA-covered entities.)

The EEOC is accepting comments on the proposed rule until August 1, 2011. Check back here for updates.

EEOC may extend recordkeeping requirements to GINA-covered entities

Reminder: OSHA Form 300A posting deadline right around the corner!

Just so the date doesn’t get away from you … OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, must be displayed from February 1, 2011, through April 30, 2011. The form summarizes the number of on-the-job injuries and illnesses for the calendar year, as logged on the OSHA Form 300.

It should be posted in a conspicuous place by February 1 and remain on view through April 30 – in a location where it can’t be altered, defaced or covered by other posted material.

A few things to keep in mind:

=> Even if there weren’t any recordable injuries or illnesses in 2010, you must post the form with zeros on the “TOTAL” line.

=> Copies should be made available to any employee who might not see the summary (a remote employee who works from home, for example).

=> You’ll need certain employment information, such as the annual average number of employees and total hours worked in the calendar year, to determine incidence rates.

=> You should post separate summaries for each work site.

=> Your business is exempt if you employ fewer than 10 workers (and had no fatalities).

=> The form must be filled out and certified by a company executive as correct and complete.

Reminder: OSHA Form 300A posting deadline right around the corner!

When is it OK to ignore the OSHA posting deadline?

The OSHA posting deadline is less than a week away! From February 1 to April 20, 2010, most businesses will be required to post OSHA Form 300A – a summary of job-related injuries and illnesses that occurred in 2009.

Notice that I said “most.” That’s because employers that fall under certain Standard Industrial Classification (SIC) codes are exempt from keeping OSHA injury and illness records (unless requested, in writing, by OSHA, the Bureau of Labor Statistics (BLS) or a state agency operating under OSHA or the BLS). These businesses should be aware, however, that if a workplace incident results in a fatality or the hospitalization of three or more employees, they must report the accident to OSHA.

Check out the list of exempt industries here. From apparel stores and barber shops to photo studios and used car dealers, there are approximately 56 types of establishments that don’t need to hustle to get their OSHA Form 300A posted by this Monday.

For those of you who aren’t exempt, meet this upcoming posting deadline and other OSHA recordkeeping requirements with our mandatory forms and convenient recordkeeping tools.

When is it OK to ignore the OSHA posting deadline?

Closer OSHA scrutiny requires more careful accident recordkeeping

Due to unusually low incidence rates in traditionally high-rate industries, the Occupational Safety & Health Administration (OSHA) will be cracking down on recordkeeping violations in the coming months. On October 1, OSHA announced a national emphasis program (NEP) on recordkeeping to assess the accuracy of injury and illness data recorded by employers.

The underreporting of workplace injuries and illnesses is a serious issue, one which OSHA hopes to change through this program.

“Accurate and honest recordkeeping is vitally important to workers’ health and
safety,” said acting Assistant Secretary of Labor for OSHA Jordan Barab. “This
information is not only used by OSHA to determine which workplaces to inspect,
but it is an important tool employers and workers can use to identify health and
safety problems in their workplaces.”

Inspections will include a review of records, employee interviews and a safety and health inspection of the workplace. While the focus under the NEP will be on high-rate industries that OSHA suspects is underreporting incidents, all organizations should be on alert regarding their accident recordkeeping practices.

Are you confident your injury and illness records are in full OSHA compliance? OSHA requires you to record incidents on these three forms:

300: Log of Work-Related Injuries and Illnesses. Log each recordable occupational injury or illness on this form within seven working days of learning about it.

301: Injury and Illness Incident Report. On this form, you describe each incident in greater detail. Fill it out within seven days of learning about an incident. An on-the-job injury or illness must be recorded if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. “Significant” injuries or illnesses, as diagnosed by a licensed health professional, also must be recorded, even if they don’t result in days away from work or any of the other conditions listed above.

300A: Summary of Work-Related Injuries and Illnesses. This form, which summarizes the number and nature of on-the-job injuries and illnesses for a calendar year, must be posted in a conspicuous place by February 1 of the following year and remain on view through April 30. Although the 300A may not need to be posted for a few months yet, filling it out won’t be easy unless you’ve been keeping up to date with the other forms.

Closer OSHA scrutiny requires more careful accident recordkeeping

Are your MSDS practices OSHA compliant?

Working with chemicals is a dangerous business. Employees have a right to know about the chemicals they work with and the hazardous effects those chemicals may cause.

Wearing the proper personal protective equipment (PPE) can protect your body from a chemical’s potential hazards, but the information your Material Safety Data Sheets (MSDS) takes that protection one step further. An MSDS may become your lifeline when a disastrous event like an accidental spill, fire or explosion happens in the workplace.

An MSDS is a document that contains detailed information about a potentially hazardous substance including it’s potential hazardous effects, physical and chemical characteristics, and recommendations for protective measures. It is an integral part of every organization’s hazard communication (HAZCOM) program.

MSDSs are reference documents that basically serve as a “one-stop shopping source” for anything you may want or need to know about chemicals in your workplace. Employers must have an MSDS for each hazardous chemical they use.

The documents must be easily accessible to employees whenever they are in their work areas. There must be no barriers to access, such as a locked drawer, office door or having to ask for an MSDS.

While many employers keep their MSDSs in a centrally-located binder, it is acceptable to make the documents available electronically through the use of a computer with a printer, microfiche machine, Internet site, CD-ROM or Fax-on-demand system.

If you choose to use electronic MSDSs, employers must ensure that:

• Electronic devices must be reliable and readily accessible to employees at all times,
• Every employee is trained on how to use the electronic MSDS system,
• A back-up system is in place in the event of an emergency, including power outages or equipment and online access delays,
• And the electronic system is part of your overall HAZCOM program.

Remember, providing employees with MSDSs is just one part to complying with OSHA’s Hazard Communication Standard (HCS). Along with developing your MSDSs, the HCS involves properly labeling hazardous containers and employee training.

Visit G.Neil’s HR Library for more information on hazardous materials safety, OSHA compliance and the tools to help keep employees safe on the job.

Are your MSDS practices OSHA compliant?

OSHA posting deadline: Are you ready for February 1?

Beginning February 1, employers must post a summary of the total number of job-related injuries and illnesses that occurred last year, according to the Occupational Safety and Health Administration (OSHA).

OSHA requires employers with more than 10 employees to post the injury and illness summary (OSHA Form 300A) from February 1 to April 30, 2009. The summary must list the total number of job-related injuries and illnesses that occurred in 2008 and were logged on the OSHA Form 300.

Employers must also include information about the annual average number of employees and total hours worked during the calendar year to help calculate incidence rates. If there were no injuries or illnesses in 2008, you must enter “zero” on the total line.

A company executive must sign the Form 300A and it should be displayed in a workplace common area where notices to employees are usually posted. Failure to post the annual summary could result in citations and penalties.

Though they are not generally required to file the records with OSHA, employers must document workplace injuries using Forms 300 and 300A and keep the forms at the worksite for a five-year period. Forms should be readily available to employees and OSHA inspectors.

Employers with 10 or fewer employees and some employers in certain industries are usually exempt from federal OSHA injury and illness recordkeeping and posting requirements. View the full list of exempt industries here on the OSHA Web site.

During Fiscal Year 2008, OSHA logged 87,687 violations of its standards and regulations for worker safety and health across the nation. More than 67,000 of those violations were cited as “serious,” according to an agency press release.

"Workplace inspections and issuing citations are a critical part of OSHA's balanced approach to improving workplace safety, but the real test of success is saving lives and preventing injuries, " said acting Assistant Secretary of Labor for OSHA Thomas M. Stohler.

OSHA conducted close to 39,000 worksite inspections last year, exceeding the agency’s enforcement goal by 2.4 percent.

Based on preliminary data from 2007, the workplace fatality rate has declined 14 percent since 2001, according to Stohler. Since 2002, the workplace injury and illness rate has dropped 21 percent. Both statistics mark all-time lows.

Stohler pointed out that such success is due to OSHA’s strategic approach to enforcement. The agency achieved their goal by targeting the most hazardous workplaces while using education, training and cooperative programs to improve overall OSHA compliance.

For more information on OSHA recordkeeping requirements, take a look at these helpful articles from G.Neil’s HR Library: (All articles are free and require no registration.)

• Keep OSHA Forms Up to Date and Accurate
• New Year’s Resolution: A Safe and Healthful Workplace
• The Newer the Employee, the Harder the Fall - New Employees at Greater Risk for Injury

OSHA posting deadline: Are you ready for February 1?