Resources for Your Business. OSHA Recordkeeping: Upcoming Changes

Transcription

1 Resources for Your Business OSHA Recordkeeping: Upcoming Changes

2 Essentials Risk Management

3 Resources from Key Risk This presentation provides general information and suggestions related to workplace safety programs. It is not intended and cannot be assumed that every legally required and/or acceptable safety procedure is included herein or that it addresses issues applicable to your particular workplace conditions or circumstances, and it cannot replace or substitute for the services of trained professionals. Although the information contained herein was obtained from sources believed to be reliable, Key Risk (a W. R. Berkley Company) makes no guaranty and assumes no liability or responsibility for the correctness, sufficiency, or completeness of such information and any errors or omissions in the content of this publication or any damages incurred resulting from the use of the information contained herein.

4 Presenter Elesa Hurley, AIC, ALCM, CPCU Manager, Risk Management Operations

5 Resources for Your Business OSHA Recordkeeping: Upcoming Changes

6 Agenda Changes to OSHA s Specific Recordkeeping Requirements Historical Perspective Statistical Reporting Retaliation.

7 Historical Perspective

8 Historical Perspective OSHA s final rule to nudge employers to prevent workplace injuries, illnesses. modernize injury data collection to better inform workers, employers, the public, and OSHA about workplace hazards. Effective in phases beginning August 10, 2016.

9 Historical Perspective "Our new reporting requirements will 'nudge' employers to prevent worker injuries and illnesses to demonstrate to investors, job seekers, customers and the public that they operate safe and well-managed facilities. Access to injury data will also help OSHA better target our compliance assistance and enforcement resources at establishments where workers are at greatest risk, and enable 'big data' researchers to apply their skills to making workplaces safer."

10 Historical Perspective Employee knowledge of your safety record pre-hire Employer benchmarking for improvement Enforcement (OSHA) resources where workers are at greatest risk Employee right to report without fear of retaliation

11 Electronic Reporting Retaliation Incentives Drug Testing

12 Electronic Reporting Please note that these statistical requirements are in addition to existing reporting requirements.

13 Electronic Reporting Form 300: Log of work-related injuries and illnesses Form 300A: Summary of work-related injuries and illnesses Form 301: Injury and illness incident report

14 Electronic Reporting 250+ employees AND currently required to keep OSHA logs Electronically submit OSHA 300, 300A, and employees in certain industries Electronically submit OSHA 300A Based on Physical Location

15 Electronic Reporting Based on NAICS Code 68 different codes are involved Major classes include Construction Manufacturing Stores Lots More!

16 Electronic Reporting

17 Electronic Reporting

18 NAICS Codes

19 Electronic Reporting Check the list for your NAICS code 6 digit number Look for the first four numbers Example: Look at Nursing care facilities On the list

20 Reporting Requirements - Historical Providing records to government representatives ( ) An OSH, DHHS or NIOSH representative while conducting an authorized inspection Annual OSHA survey ( ) Requests from the Bureau of Labor Statistics (BLS) ( )

21 Electronic Reporting

22 Electronic Reporting Establishment vs. Firm/Business Records kept at establishment level Single physical location Count all full time, part time, seasonal, and temporary workers

23 Electronic Reporting Personally Identifiable Information will be protected Name and address Medical providers Case specific narrative

24 More information to come! Federal OSHA Website Electronic Reporting OSHA estimates minutes to submit information Non-electronic submission is not allowed

25 Questions?

26 Employee Right to Report Free from Retaliation Job Safety and Health It s the Law poster (April, 2015 or later) Reporting procedure must be reasonable and not discourage reporting Employers must inform employees of their right to report work-related injuries or hazards free from retaliation No retaliation allowed

27 Employee Right to Report Free from Retaliation Workers Rights Working conditions free from serious harm Receive information and training about workplace hazards, prevention methods, and OSHA standards Review records of work-related injuries and illnesses File a complaint if they believe a serious hazard exists

28 Employee Right to Report Free from Retaliation OSHA can now cite you for retaliation even if no complaint was filed Program that deters or discourages reporting is sufficient for citation Intended to discourage intimidation

29 Recommended Practices for Anti-Retaliation Programs Management leadership, commitment, accountability System for listening to and resolving employee concerns System for receiving and responding to reports of retaliation

30 Recommended Practices for Anti-Retaliation Programs Anti-retaliation training for employees & managers Program Oversight

31 Disciplinary Programs The rule does not prohibit disciplinary programs. However, employers must not use disciplinary action, or the threat of disciplinary action, to retaliate against an employee for reporting an injury or illness.

32 Disciplinary Programs Requirements for a Violation Proof the real reason was the reported injury or illness and not the rule violation Circumstantial evidence admissible Did you treat employees who were not injured differently?

33 Incentive Programs Incentive Programs NOT Prohibited Programs cannot deter or discourage an employee from reporting Encourage safe work practices and promote worker participation in safety-related activities Lawsuits have been filed challenging this part of the new rule.

34 Incentive Programs This rule does not prohibit incentive programs. However, employers must not use incentive programs in a way that penalizes workers for reporting work-related injuries or illnesses.

35 Incentive Programs If an employee reports an injury or illness, and is subsequently denied a benefit as part of an incentive program, this may constitute retaliatory action against the employee for exercising his or her right to report an injury or illness.

36 Incentive Programs Participation in safety program activities and evaluations Completion of safety and health training Reporting and responding to hazards and close calls/near misses

37 Incentive Programs Conformance to planned preventive maintenance schedules; Compliance with legitimate workplace safety rules.

38 Drug Testing ( (b)(1)(iv)) Requirements Only applies to post-accident testing Will not cite if drug testing is part of a state workers comp law or federal law Objectionably reasonable basis for testing

39 Drug Testing ( (b)(1)(iv)) Requirements - RIGHT NOW Only applies to post-accident testing Will not cite if drug testing is part of a state workers comp law or federal law DOT Testing Drug Free Workplace Certifications Drug Free Workplace Credits

40 Drug Testing ( (b)(1)(iv)) Did you have a reasonable basis for believing that drug use could have contributed to the injury? Were other employees involved in the incident drug tested? Do you have a heightened interest in determining if drug use was a factor due to the hazardous nature of your work?

41 Drug Testing ( (b)(1)(iv)) OSHA will consider whether the test is capable of measuring the true level of impairment at the time of the injury Currently only alcohol testing would be acceptable Testing an employee where the level of intoxication could not contribute to the injury is not acceptable

42 Should I revise my drug testing program now?

43 What is Next?

44 Electronic Reporting Find your NAICS code Check to determine you will be required to report electronically Make sure your records are kept in a manner to facilitate that process

45 Retaliation Review your safety program and work rules. Are there any that need to be edited to be sure you are not unintentionally retaliating? Use the Labor Law poster, our SafetyConnection, or other methods to advise employees of their right to work in a safe environment Check your incentive programs; are revisions warranted?

46 Post Accident Drug Testing Compliance with state regulations will exempt you from changes DOT programs will not need to change Changes made should be reviewed by your attorney Stay informed!

47 Questions?

48 Upcoming Webinars

49 Thank you for joining us today!