First Revision to Part 1904 Severe Injury Reporting Effective January 1 2015 Eric Christensen MS Safety amp Occupational Health Specialist San Diego Area Office Severe Injury Reporting Program ID: 772177
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First Revision to Part 1904Severe Injury ReportingEffective January 1, 2015 Eric Christensen, M.S. Safety & Occupational Health SpecialistSan Diego Area Office
Severe Injury Reporting Program As of January 1, 2015:All employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye.A fatality must be reported within 8 hours . An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours .
Employers do not have to report a case that:Is not work relatedResulted from a motor vehicle accident on a public street except in a construction work zoneOccurred on a commercial or public transportation system Is a death that occurred more than 30 days after the incidentIs a hospitalization/amputation/loss of an eye that occurred 24 hours after the incident
How can employers report to OSHA?By telephone to the nearest OSHA office during normal business hours.San Diego Area FEDERAL OSHA (619) 557-5030Oakland Area FEDERAL OSHA (510) 637-3800By telephone to the 24-hour OSHA hotline (1-800-321-OSHA). Online: www.osha.gov/report.html
Should we inspect this place?
Inspection or RRI?Inspection – same old, run of the mill, no advanced notice inspectionRapid Response Investigation (RRI) – looks like OSHA’s nonformal complaint investigationsOSHA sends the employer a letter explaining they have five days to respondOptional investigation formOSHA decides if the response is satisfactory; OSHA reserves the right to open an inspection
Employer calls in case &OSHA decides: Inspection or RRI?Category OneAll fatalitiesReports of 2 or more hospitalizationsWorker is under 18 years of age Repeat offenders (significant OSHA history, SVEP, whistleblower cases)Emphasis program hazardAny imminent danger INSPECTION !!
Employer calls in case &OSHA decides: Inspection or RRI?Category TwoDoes not involve Category One incidentsArea Director has discretion whether to inspect Has abatement begun, does it sound satisfactory?Are there other employees still exposed?Was the incident the result of a safety program failure? For instance, LOTO, PRCS or PSM?Is the case related to a potentially catastrophic hazard (dust, explosives, falls, air contaminants)Are vulnerable workers involved? Inspection? -- maybe
Employer calls in case &OSHA decides: Inspection or RRI?Category ThreeDoes not involve Category One or Two incidents RRI- most likely!
2nd Revision to Part 1904Electronic Reporting Effective January 1, 2017
Electronic Reporting – WHY?Helps keep workers safer.Makes employers, the public, and government better informed about workplace hazards. Encourages employers to increase their efforts to prevent worker injuries, illnesses, and focus on workplace safety.Allocates OSHA compliance assistance efforts. Improves workplace safety through access to timely, establishment-specific injury and illness data.Demonstrates to investors, job seekers, customers, and public that their workplace is a safe and healthy environment.Provides public health researchers with opportunity to advance fields of injury and illness causation and prevention.
Electronic Reporting – WHO?250 or more employees at any time in the previous CY. 20 to 249 employees at any time in the previous CY… if your establishment is classified in Appendix A to Subpart EOr – upon notification from OSHA (by mail)
Electronic Reporting1904.41(a)(2) covered IndustriesAg., forestry and fishing (NAICS 11) Utilities (NAICS 22)Construction (NAICS 23)Manufacturing (NAICS 31-33) Wholesale Trade (NAICS 42)And more… See Appendix A to Subpart E of Part 1904.
Electronic Reporting Submission year Establishments with 250 or more employees in industries covered by the recordkeeping rule Establishments with 20-249 employees in select industries Submission deadline 2017 CY 2016 300A Form CY 2016 300A Form July 1, 2017 2018 CY 2017 300A, 300, 301* Forms CY 2017 300A Form July 1, 2018 2019 & beyond 300A, 300, 301* Forms 300A Form March 2 of every year *First Report of Injury is equivalent to the 301
The website for submitting 1904 records electronically is located here, https://www.osha.gov/injuryreporting/index.html. Employers will be able to submit records to this site starting in February 2017.
3rd Revision to Part 1904Anti-RetaliationEffective December 2, 2016
1904.35(b)(1)(i): Reporting Procedures Must Be ReasonableAn employer's procedure for reporting work-related injuries and illnesses must be reasonable Applies to the means of reporting injuries and illnesses such as when/where/how to report A procedure is not reasonable if it would deter or discourage an employee from accurately reporting a workplace injury or illness 17
Anti-Retaliation Provisions1904.35 (Employee Involvement) makes it a violation for an employer to discourage employee reporting of injuries and illnesses. Employers must inform employees of their right to report work-related injuries and illnesses free from retaliation. This obligation may be met by posting the OSHA “It’s The Law” worker rights poster v. April 2015 or later.
This is the OSHA Notice, version April 2015 Available in ten different languagesFree from the OSHA web site: http://www.osha.gov/pls/publications/publication.html
1904.35(b)(1)(iv):Prohibition on RetaliationAn employer may not retaliate against employees for reporting work-related injuries or illnesses
Adverse ActionAdverse action is action taken by the employer that would discourage a reasonable employee from reporting a work-related illness or injury accuratelyCould include denying a benefit under an incentive program, drug testing, or discipline Examples of adverse actions include: Discharge, demotion, or denying a bonus or other significant benefit
Disciplinary, Incentive & Drug Testing ProgramsThis rule does not ban disciplinary, incentive or drug testing programs all together. However, it does prohibit use of these programs to retaliate against employees for reporting and injury or illness.
Drug-Testing ProgramsThe rule does not prohibit drug testing of employees pursuant to regulations of the Department of Transportation or any other federal or state government agency. Employers may conduct post-incident drug testing in accordance with a Workers Compensation Drug-Free Workplace policy.Random drug testing and pre-employment drug testing are not subject to 1904.35(b)(iv). Employers may conduct post-incident testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
What can employers do?Develop and implement an effective anti-retaliation program:Management leadership, commitment, and accountabilitySystem for listening to and resolving employees’ safety and compliance concernsSystem for receiving and responding to reports of retaliationAnti-retaliation training for employees and managersProgram oversight
What can employers do?Discipline They can create legitimate work rules and enforce them“Maintain Situational Awareness” “Work safely”
What can employers do?Incentive ProgramsThey can base rewards on leading indicators instead of injury and illness rates.They should encourage safety in the workplace.Violation of 1904(b)(1)(iv) Prize Drawings for employees not injured.
Retaliation – Yes or No?John is injured when he is stung by a bee at work and he reports the injury to his employer. His employer disciplines John for violating a work rule requiring employees to maintain situational awareness. The employer only enforces this rule when employees get hurt.
Retaliation – Yes or No?Kim reports a hand injury that she sustained while operating a saw after bypassing the guard on the saw, contrary to the employer’s work rule, and reported the injury to her employer. The employer disciplined Kim for bypassing the guard contrary to its instructions. The employer regularly monitors its workforce for safety violations and disciplines employees who bypass machine guards regardless of whether they report injuries.
Retaliation – Yes or No?The employer promises a drawing for a substantial cash prize for each month that each work group in the company is injury-free (regardless of the circumstances of the injury). Malcolm sustains an injury when operating a press, consistent with the employer’s work rules, and reports the injury. The employer cancels the cash prize drawing for Malcolm’s work group because of his injury report.
Retaliation – Yes or No?The employer offers a substantial cash prize drawing for universal compliance with applicable work rules, such as using fall protection and wearing hard hats. Regina gets injured when she falls from a platform while not wearing the required fall protection. The employer cancels the cash prize drawing for Regina’s work group because she failed to use her fall protection.
Retaliation – Yes or No?The employer drug tested Shawn after he reported carpal tunnel syndrome.
Retaliation – Yes or No?Albert was injured when he inadvertently drove a forklift into a piece of stationary equipment and he reported it to his employer. The employer required Albert to take a drug test.
Additional ResourcesCal/OSHA Consultation Services Branch On-site visitsOffsite consultation (Telephone Support) Educational Materials (Publications and eTools)Educational Outreach Partnership Programs
Final Rule TextAdditional Resources
Top Ten Violations Most frequently cited OSHA standards during FY 2016 inspections We Can Help www.osha.gov 1 . Fall Protection 2. Hazard Communication 3. Scaffolding 4. Respiratory Protection 5. Lockout/ Tagout 6. Powered Industrial Trucks 7. Ladders 8. Machine Guarding 9. Electrical – Wiring Methods 10. Electrical – General Requirements
Top Ten Violations: FY 2016 (with top 5 sections cited) We Can Help www.osha.gov 1) 1926.501 - Fall Protection 1926.501(b)(13) (3,909 violations) – fall protection in residential construction 1926.501(b)(1) (1,278 violations) – unprotected sides and edges 1926.501(b)(10) (624 violations) – roofing work on low-slope roofs 1926.501(b)(11) (522 violations) – steep roofs 1926.501(b)(4)(i) (154 violations) – protection from falling through holes, including skylights
Top Ten Violations: FY 2016 (with top 5 sections cited) We Can Help www.osha.gov 2) 1910.1200 - Hazard Communication 1910.1200(e)(1) (1,832 violations) – written hazard communication program 1910.1200(h)(1) (1,446 violations) – employee information and training 1910.1200(g)(8) (464 violations) – maintaining copies of Safety Data Sheets in the workplace and ensuring that they are readily available to employees 1910.1200(g)(1) (386 violations) – having Safety Data Sheets in the workplace for each hazardous chemical 1910.1200(h)(3)(iv) (335 violations) – training on details of employer’s hazard communication program
Top Ten Violations: FY 2016 (with top 5 sections cited) We Can Help www.osha.gov 3) 1926.451 - Scaffolding 1926.451(g)(1) (614 violations) – fall protection 1926.451(e)(1) (507 violations) – providing access 1926.451(b)(1) (464 violations) – platform construction 1926.451(g)(1)(vii) (324 violations) – use of personal fall arrest or guardrail systems 1926.451(g)(4)(i) (203 violations) – installation of guardrail systems
Top Ten Violations: FY 2016 (with top 5 sections cited) We Can Help www.osha.gov 4) 1910.134 – Respiratory Protection 1910.134(e)(1) (614 violations) – medical evaluation to determine employee’s ability to use a respirator 1910.134(c)(1) (499 violations) – written respiratory protection program 1910.134(f)(2) (341 violations) – fit testing for employees using a tight-fitting facepiece respirator: testing frequency 1910.134(c)(2)(i) (240 violations) – providing respirators at request of employees or permitting employees to use their own respirators 1910.134(d)(1)(iii) (235 violations) – respirator selection: evaluation of respiratory hazards in workplace
Top Ten Violations: FY 2016 (with top 5 sections cited) We Can Help www.osha.gov 5) 1910.147 – Lockout/ Tagout 1910.147(c)(4)(i) (644 violations) – developing, documenting, and utilizing energy control procedures 1910.147(c)(1) (440 violations) – establishing an energy control program 1910.147(c)(6)(i) (374 violations) – periodic inspection of energy control procedure at least annually 1910.147(c)(7)(i) (289 violations) – training on the energy control program 1910.147(c)(7)(i)(A) (196 violations) – training on the energy control program: recognition of hazardous energy sources and other topics
Top Ten Violations: FY 2016 (with top 5 sections cited) We Can Help www.osha.gov 6) 1910.178 – Powered Industrial Trucks 1910.178(l)(1)(i) (617 violations) – operator training: ensuring that operators are competent to safely operate a powered industrial vehicle as demonstrated by completion of training and evaluation 1910.178(l)(4)(iii) (298 violations) – refresher training and evaluation: evaluation of operator’s performance must be conducted at least once every three years 1910.178(l)(6) (288 violations) – certification of operator training and evaluation 1910.178(p)(1) (255 violations) – taking powered industrial trucks out of service when in need of repair, defective, or unsafe 1910.178(q)(7) (185 violations) – examining powered industrial trucks daily or after each shift before placing them in service
Top Ten Violations: FY 2016 (with top 5 sections cited) We Can Help www.osha.gov 7) 1926.1053 - Ladders 1926.1053(b)(1) (1,457 violations) – extending portable ladder side rails at least 3 feet above upper landing surface 1926.1053(b)(4) (354 violations) – using ladders only for purpose for which they were designed 1926.1053(b)(13) (235 violations) – not using the top or top step of a stepladder as a step 1926.1053(b)(16) (127 violations) – marking or tagging portable ladders with structural defects and removing them from service 1926.1053(b)(22) (75 violations) – not carrying objects/loads that could cause employee to lose balance and fall
Top Ten Violations: FY 2016 (with top 5 sections cited) We Can Help www.osha.gov 8) 1910.212 – Machine Guarding 1910.212(a)(1) (1,486 violations) – providing one or more methods of machine guarding 1910.212(a)(3)(ii) (615 violations) – point of operation guarding 1910.212(b) (156 violations) – anchoring fixed machinery 1910.212(a)(2) (68 violations) – affixing guards to the machine 1910.212(a)(5) (49 violations) – guarding fan blades
Top Ten Violations: FY 2016 (with top 5 sections cited) We Can Help www.osha.gov 9) 1910.305 – Electrical, Wiring Methods 1910.305(g)(1)(iv)(A) (338 violations) – not using flexible cords and cables as a substitute for the fixed wiring of a structure 1910.305(b)(1)(ii) (314 violations) – closing unused openings in cabinets, boxes, and fittings 1910.305(g)(2)(iii) (301 violations) – connecting flexible cords and cables to devices and fittings so that strain relief is provided that will prevent pull from being directly transmitted to joints or terminal screws 1910.305(b)(2)(i) (250 violations) – providing pull boxes, junction boxes, and fittings with covers identified for the purpose 1910.305(b)(1)(i) (76 violations) – protecting conductors entering cutout boxes, cabinets, or fittings from abrasion
Top Ten Violations: FY 2016 (with top 5 sections cited) We Can Help www.osha.gov 10) 1910.303 – Electrical, General 1910.303(b)(2) (443 violations) – installing and using listed or labeled equipment in accordance with instructions included in the listing or labeling 1910.303(g)(2)(i) (167 violations) – guarding live parts (600 volts, nominal, or less to ground) 1910.303(g)(1)(ii) (167 violations) – no use of working space for storage, and guarding working space 1910.303(g)(1) (163 violations) – sufficient access and working space about electrical equipment (600 volts, nominal, or less to ground) 1910.303(f)(2) (149 violations) – marking service, feeder, and branch circuits at their disconnecting means or overcurrent device
Top Ten Violations in Construction FY 2016 Fall Protection, Duty to Have (1926.501) Scaffolding (1926.451) Ladders (1926.1053) Fall Protection, Training (1926.503) Eye and Face Protection (1926.102) Hazard Communication (1910.1200) Head Protection (1926.100) General Safety and Health Provisions (1926.20) Aerial Lifts (1926.453) Fall Protection, Systems Criteria and Practices (1926.502)