TO FULL ACCSH COMMITTEE .-.-.

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1 *, * WORKGROUP DRAFT # 3 12/08/94 RECORD KEEPNG WORK _ GROUP REPORT _ TO FULL ACCSH COMMTTEE WORKGROUP MEMBERS : o * STEW BURKHAMMER, CHAR STEVE CLOUTER ALLEN MEER JOHN MORAN JACK POMPE WORKGROUP SCOPE : CONTNUE FROM THE PREVOUS ACCSH RECORD KEEPNG WORKGROUP, TO WORK WTH THE OFFCE OF STATSTCS ON ASSSTNG N THE DEVELOPMENT AND REVSON OF THE OSHA RECORD KEEPNG REQUREMENTS WORKGROUP OPERATONS: SNCE THE LAST ACCSH MEETNG, THE WORKGROUP HAS DRAFTED A REVSED RECORD KEEPNG REVSON, 29 CFR PART 1904 CORRESPONDENCE HAS BEEN BY PHONE AND FAX THE WORKGROUP MET ON DECEMBER 8, 1994 WTH STEVE NEWELL AND BOB WHTMORE A COMPREHENSVE REVEW OF THE WORKGROUP'S RECOMMENDATONS WAS CONDUCTED WORKGROUP RECOMMENDATON: THE WORKGROUP RECOMMENDS THAT ACCSH APPROVE THE REVSED RECORD KEEPNG REVSONS AND RECOMMENDATONS, AS STATED AND FORWARD THE RECOMMENDATON TO OSHA AND THE OFFCE OF STATSTCS N ADDTON, THE WORKGROUP RECOMMENDS THAT OSHA, BASED ON YESTERDAYS MEETNG, MMEDATELY PUBLSH THE NPR ON RECORD KEEPNG FOR PUBLC COMMENT REVSON TO DRAFT RECORD KEEPNG STANDARD 2 9 CFR PART 1904 SSUES WTH PARTCULAR SGNFCANCE TO THE CONSTRUCTON NDUSTRY: COMPREHENSVE NJURY AND LLNESS RECORDS FOR "OTHER WORKERS" THE OSHA DRAFT PROPOSAL NCLUDES A REQUREMENT FOR STE CONTROLLNG EMPLOYERS ( e g GENERAL CONTRACTORS) N THE CONSTRUCTON NDUSTRY, TO RECORD NJURES AND LLNESSES FOR CONTRACT WORKERS WHOM THEY DO NOT SUPERVSE ON A DAYTODAY BASS AT THER CONSTRUCTON STES (SUBCONTRACTORS) OSHA's DRAFT PROPOSAL WOULD REQURE EACH STE CONTROLLNG EMPLOYER TO MANTAN TWO SETS OF RECORDS: ONE FOR THER OWN EMPLOYEES AND ONE FOR CONTRACT WCRKERS THE RECORDS FOR THE CONTRACT WORKERS WOULD BE ABBREVATED AND ONLY REQURE THE EMPLOYER TO ENTER THE NAME OF THE NJURED OR LL CONTRACT WORKER, HS OR HER EMPLOYER, THE DATE OF NJURY OR LLNESS, A BREF

2 RECORD KEEPNG WORKGROUP REPORT PAGE 2 " DESCRPTON O F T H E NJuRY OR LLNESS, AND WHETHER OR NOT THE EMPLOYEE DED OR WAS HOSPTALZED WE E m m e s v W "3 EACH EnPLOYER S R E W R E D TO COMPLETE AND MANTAN REQUSTE RECORDS THS SHOULD REMAN THE CASE N #ANY CASES, CONTRACTS ARE LET BY THE OWNERS OR AN AGENT FOR THE OWNER WHOM HAY OR HAY NOT BE ON THE CONSTRUCTON PROJECT N ADDTON THER HAY BE SEVERAL PRME OR GENERAL CONTRACTORS PERFORMNG A PART OF THE PROJECT'S SCOPE ON STE AT THE SAME TME ALSO, N TODAY'S CONSTRUCTON MARKET, MOST CONTRACTS ARE LET AS A LUMP SUM CONTRACT F THE CONTRACT LANGUAGE DOES NOT CONTAN SPECFC LANGUAGE REQURNG A SUBCONTRACTOR TO PROVDE WHOMEVER WTH NJURY AND LLNESS DATA, T WLL NOT BE PROVXDED SUGGESTED LANGUAGE EACH CONTRACTOR WTH 10 OR MORE EMPLOYEES ON AN NDVDUAL PROJECT, SHALL YEARLY OR UPON COMPLETON OF THER SCOPE OF WORK, PROVDE THE PROJECT OWNER, OR AGENT F3R THE OWNER, WTH A COPY OF THER PROJECT SPECFC OSHA 300 LOG THE PROJECT OWNER WOULD HAVE THE RESPONSBLTY TO COLLECT THE DATA AND SEND T NTO OSHA AS REWRED, DEFNTON OF ESTABLSHMENT: THE DEFNTON OF AN ESTABLSHMENT DESCRBES THE LOCATONS THE RECORDS COVER OSHA's PROPOSAL DEFNES "ESTABLSHMENT" TO MEAN A SNGLE PHYSCAL LOCATON THAT S N OPERATON FOR 30 CALENDAR DAYS OR LONGER WHERE BUSNESS S COPJC'JCTED OR WEERE SERVCES OR NDUSTRAL OPERATONS ARE PERFORMED THE WORKGROUP SEES THE NEED TO CAPTURE MEANNGFUL DATA THE_ CURRENT REQUREMENT OF 1 YEAR MAY BE LONGER THAN NEEDED ANDMSS& LARGE PORTON OF THE DATA THAT S REQURED HOWEVER 30 DAYS ALSO MSSES A LARGE PORTON OF DATA SUCH AS OUTAGE WORK, DEMOLTON TYPE WORK, SOME RENOVATCNS, SHORT TERM TRENCHNG AND POWER LNE WORK, AND STE CLEARNG AND EJTHMOVNG TYPE OPERATONS SUGGESTED LANGUAGE ESABLSHMENT S DEFNED AS ANY PHYSCAL WORK LOCATON THAT SOME FORM OF WORK S BENG PERFORMED ON FOR A PEROD OF LONGER THAN FVE WORKNG DAYS FROM START OF SAD WORK COVERAGE: THE OSHA PROPOSAL WOULD ELMNATE THE CURRENT RECORD KEEPNG EXEMPTONS FOR SPECFC NDUSTRES (SCS) N THE RETAL AND SERVCE NDUSTRES AN ADDTONAL 700,000 EMPLOYERS WOULD BE REQURED TO MANTAN RECORDS THE WORKGROUP FNDS THS NTERESTNG AND WOULD LKE TO KNOW HOW MUCH OF OSHA's TME S SPENT NSPECTNG THE PRVATE SECTOR SERVCE NDUSTRY N ADDTON, HOW MANY CTATONS AND OR FNES ARE SSUED N THAT NDUSTRY BASCALLY, WHAT WOULD OSHA DO WTH THS DATA?

3 ' \ t RECORD KEEPNG WORKGROUP REPORT PAGE 3 * SUMMARY NFOTON: BECAUSE OF THE TRANSENT NATURE1 OF CONSTRUCTON STES AND THE MOBLTY OF CONSTRUCTON W O R K ~ R S, FURNSHNG YEAREND SUMMARY NFORMATON TO WORKERS POSES A UNQUE PROBLEM ESTABLSHMENTS/STES THAT END OPERATONS BEFORE THE MONTH OF FEBRUARY ARE NOT REQURED TO POST YEAREND TOTALS FURTHERMORE, THE REGULATON DOES NOT STATE WHCH SUMMARY NFORMATON MUST BE PRESENTED/MALED TO EMPLOYEES WHO HAVE WORKED AT STES WHCH ARE CLOSED AT THE TME OF POSTNG OR WHO HAVE WORKED AT SEVERAL STES THROUGHOUT THE YEAR THE WORKGROUP AGREES THAT DUE TO THE TRANSENT NATURE OF CONSTRUCTON, POSTNG OF THE OSHA 300 FORM COULD BE A PROBLEM SUGGESTED LANGUAGE: BASED ON THE WORKGROUP'S SUGGESTED REVSED ESTABLSHMENT LANGUAGE, CONTRACTORS ARE REOURED TO MANTAN AND POST AN OSHA 300 LOG BASED ON NJURES AND OR LLNESSES NCURRED WHLE WORKNG ON A PROJECT THE 300 LOG WLL BE REVSED AND POSTED AT THE END OF EACH WEEK N A LOCATON ACCESSBLE TO THE EMPLOYEES WHEN THE CONTRACTOR HAS COMPLETED TS CONTRACT ON SAD PROJECT, THE CONTRACTOR WLL FORWARD A TOTAL OSHA 300 LOG COVERNG ALL NJURES AND LLNESSES FCR THAT CONTRACTOR ON SAD PROJECT TO THE OWNER OR AGENT FOR THE OWNER AS PREVOUSLY STATED ABOVE EMPLOYEE NOTFCATON: THE OSHA PROPOSAL NCLUDES A REQUREMENT FOR EMPLOYERS TO NOTFY EACH NJURED OR LL EMPLOYEE THAT THER CASE HAS BEEN ENTERED NTO THE OSXA 300 LOG THE WORKGROUP SEES NO NEED FOR THS REQUREMENT CHANGE ALL EMPLOYEES HAVE THE RGHT TO ASK TO SEE THER NJURY AND LLNSSS RECORDS EMPLOYERS ARE REQURED TO MANTAN THESE RECORDLAND PROVDE THEM TO EMPLOYEES OR THER DESGNEE UPON RE*UEST PROVDNG THESE RECORDS DOES NOTHNG TO MPROVE THE ACCDENT PERFORMANCE ON ANY PROJECT AND S AN ADDED BURDEN TO EMPLOYERS POSTNG OF THE ANNUAL SUMMARY: REQUREMENTS TO POST THE ANNUAL EMPLOYMENT AND HOURS WORKED THE OSHA PROPOSAL NCLUDES SUMMARY WHCH WLL NCLUDE THE WORKGROUP CAN SEE NO NEED FOR ADDTONAL POSTNG REOUREMENTS THE WORKGROUP'S SUGGESTON TO REVSE POSTNG REQUREMENTS OF THE OSHA 300 LOG SHOULD SATSFY ANY EMPLOYEE CONCERNS REGARDNG THE MANTENANCE OF RECORDS CERTFCATON: THE OSHA PROPOSAL NCLUDES A REQUREMENT FOR rz RESPONSBLE CORPORATE OFFCAL TO CERTFY THAT THE ENTRES AND THE SUMMARY ARE TRUE AND CORRECT A RESPONSBLE CORPORATE OFFCAL MUST BE ETHER AN OWNER OR A CORPORATE OFFCER

4 \ _ RECORD KEEPNG WORKGROUP REPORT PAGE 4 ~ : THE WORKGROUP SEES THS AS NOT REALSTC NOR HAVNG ANY MEANNGFUL EFFECT ON THE VALDTY OF THE RECORDS MOST CORPORATE OFFCERS AND /OR OWNERS ARE NOT ON THE PROJECT OR STE WHERE THE WORK S BENG PREFORMED SUGGESTED LANGUAGE: THE RESPONSBLE SENOR CONTRACTOR REPRESENTATVE WHO S ADMNSTERNG/MANAGNG/DRECTNG/SUPERVSNG THE KORK OPERATON ON A SPECFCSTE MUST VALDATE AND SGN THE OSHA RECORD KEEPNG ANNUAL SUMMARY ACCESS TO RECORDS BY EMPLOYEES: THE OSHA PROPOSAL WOULD CONTNUE THE POLCY OF ALLWNG EMPLOYEES ACCESS TO THE ENTRE OSHA LOG, NCLUDNG THE NAMES OF NJURED OR LL COWORKERS THE WORKGROUP AGREES WTH THE CURRENT PROVSON OF ALLOWNG FMPLOYEES ACCESS TO THER MEDCAL/ACCDENT/NJURY/LLNESS RECORDS HOWEVER, WE DSAGREE WTH THE OPENNESS OF ANY WORKERS' RECORDS TO ANOTHER WORKER EMPLOYEES HAVE THE RGHT OF PRVACY REGARDNG THER NJURES AND LLNESSES F A NJURED OR LL EMPLOYEE DESGNATES THAT HS RECORDS CAN BE MADE AVALABLE THAT S ONE SSUE; BUT, OPENLY MAKNG THEM AVALABLE TO ANYONE S ANOTHER SSUE WE DO NOT SEE HOW DSREGARDNG ONES PRVACY WLL HAKE A DFFERENCE REGARDNG THE SAFETY OF' THE WORKENVRONMENT MAKNG RECORDS AVALABLE TO THE ENTRE WORKFORCE DOES NOTHNG TO MAKE THE JOBSTE SAFE CONTRACTORS WHO VOLATE SAFETY AND HEALTH REOUREMENTS WLL CONTNUE TO DO SO AND STLL NOT MAKE RECORDS AVALABLE COMPUTERZATON OF THE RECORDS: OSHA PROPOSES TO CONTNUE ALLOWNG COWUTERZZATON OF THE RECORD KEEPNG FORMS N ADDTON, THE COMPUTERZED FORM MUST BEMADE AVALABLG TOA GOVERNMENTAL OFFCAL WTH N FOUR HOURS OF THE REQUEST THE WORKGROUP AGREES WTH ALLOWNG CONTRACTORS THE FLEXBLTY OF COMPUTERZATON OF TS RECORD KEEPNG SYSTEM THE REQUREMENT OF FOUR HOUR PRODUCNG OF THE FORM SEEMS UNREALSTC FOR REMOTE STES THAT DO NOT HAVE FAX CAPABLTES SUGGESTED LANGUAGE THE CONTRACTOR MUST PRODUCE ALL REQUSTE RECORDS, REQURED BY A GOVERNMENTAL OFFCAL UPON REQUEST, WTHN EGHT HOURS OR ONE WORKNG DAY WHCHEVER COMES FRST

5 , RECORD KEEPNG WORKGROUP REPORT PAGE 5 DEFNTONS AFFECTNG RECORDABLE)NJURES AND LLNESSES: A RECORDABLE NJURY OR LLNESS S ONE WHCH MEETS ALL OF THE FOLLOWNG FOUR CRTERA: (1) AN NJURY OR LLNESS EXSTS; AND (2) THE NJURY OR LLNESS S WORKRELATED; AND ( 3 ) THE NJURY OR LLNESS S NEW (DOES NOT RESULT FROM THE RECURRENCE OF A PREEXSTNG CONDTON); AND (4) THE NJURY OR LLNESS MEETS ON OR MORE OF THE FOLLOWNG: A RESULTS N DEATH, LOSS OF CONSCOUSNESS, OR NPATENT HOSPTALZATON B RESULTS N DAY(S) AWAY FROM WORK, DAY(S) OF RESTRCTED WORK ACTVTY OR JOB TRANSFER C REQURES MEDCAL TREATMENT D S A RECORDABLE CONDTON LSTED N MANDATORY APPENDX B THE WORKGROUP RECOMMENDS THAT ( 4 ) A BE REVSED TO READ: RESULTS N DEATH, LOSS OF CONSCOUSNESS, OR NPATENT HOSPTALZATON FOR OTHER THAN OBSERVATON N ADDTON, THE WORKGROUP WANTS TO NOTE THAT T WLL BE VERY DFFCULT FOR AN EMPLOYER TO DETERMNE PREEXSTNG CONDTONS "FRST RD" MEANS THE FOLLOWNG TREATMENTS FOR NJURES AND LLNESSES: 1 NONPRESCRPTON MEDCATONS 2 CLEANNG, FLUSHNG OR SOAKNG WOUNDS ON SKN SURFACE 3 KOUiJD COVERNGS SUCH AS BANDAGES, GAUZE PADS, ETC 4 COMPRESSES (HOT/COLD) OR NONPRESCRPTON SKN CREAMS/LOTONS FOR LOCAL RELEF (TCH, PAN ETC) 5 SPLNTS, ELASTC BANDAGES OR OTHER MEANS OF MMOBLZATON USED FOR LESS THAN 4 8 HOURS 6 DRLLNG OF A NAL TO RELEVE PRESSURE FOR SUBUNGUAL HEMATOMA 7 REMOVAL OF SPLNTERS OR FOREGN MATERAL FfiOM AREAS OTHER THAN THE EYES BY RRGATON, TWEEZERS, COTTON SWABS OR OTHER SMPLE MEANS 8 VST(S) TO A HEALTH CARE PROFESSONAL LMTED TO OBSERVATON THS LST S A COMPREHENSVE LST OF ALL TREATMENTS CONSDERED FRST AD FOR RECORD KEEPNG PURPOSES THESE TREATMENTS ARE CONSDERED "FRST AD", REGARDLESS OF THE PROVDER, THUS THEY MAY BE PROVDED BY A PHYSCAN, NURSE, OR OTHER HEALTH CARE PROFESSONAL AND ARE STLL CONSDERED FRST AD

6 ' RECORD KEEPNG WORKGROUP REPORT PAGE 6 THE WORKGROUP WOULD LKE TO RECOMMEND TWO ADDTONAL "FRST A D ~ TYPES TO BE NCLUD~DN THE DRAFT: REMOVAL Ob FOREGN BODES N THE EYE BY FLUSHNG THE EYE 9 WTH AN RRGATON SOLUTON O HEAT/COLD PACKS FOR THE PURPOSE OF MUSCLE PAN/STRANRELEF FOR NO LONGER THAN 7 2 HOURS(FURTHER DEFNTON REQURED1 "MEDCAL TREATMENT'' NCLUDES ANY MEDCAL CARE OR TREATMENT BEYOND "FRST AD" THAT S PROVDED, OR SHOULD HAVE BEEN PROVDED, REGARDLESS OF THE PROVDER OF SUCH TREATMENT THE WORKGROUP HAS TROUBLE WTH THE WORDNG "SHOULD HAVE BEEN PROVDED" HOW S THS TO BE DETERMNED? F A CONTRACTOR DOESN'T SEND AN EMPLOYEE TO THE DOCTOR, HOSPTAL, CLNC OR OTHER MEDCAL PROVDER, AND THE EMPLOYEE DOESN'T EXERCSE HS RGHT TO GO TO A DOCTOR FOR TREATMENT, HOW CAN T BE RECORDED? "DAYS OF RESTRCTED WORK ACTVTY" MEANS THE' NUMBER OF CALENDAR DAYS ON WHCH THE EMPLOYEE S NOT CAPABLE OF PERFOWiNG AT FULL CAPACTY FOR A FULL SHFT ETHER: (1) THE TASK HE OR SHE WAS ENGAGED N AT THE TME OF NJURY OR ONSET OF LLNESS (THE TASK NCLUDES ALL FACETS OF THE ASSGNMENT THE EMPLOYEE WAS PERFORMNG); OR (2) HS OR HER DALY WORK ACTVTY (DALY WORK ACTVTY NCLUDES ALL ASSGNMENTS THE EMPLOYEE WAS EXPECTED TO PERFORM ON THE DAY OF NJURY OR ON SET OF LLNESS) DAYS OF RESTRCTED WORK ACTVTY MAY NCLUDE, BUT ARE NOT LMTED TO: JOB MODFCATONS, JOB RESTRCTONS, ALTERNATVE DUTY ASSGNMENT, JOB ROTATON, ALTERNATVE WORK, LGHT DUTY, AND PARTAL WORK DAYS WHENEVER THE EMPLOYER NSTTUTES ONE OF THESE ACTONS FOLLOWNG AN NJURY OR LLNESS, RESTRCTED WORK ACTVTY WLL BE PRESUMED TO EXST DAYS OF RESTRCTED WORK ACTVTY DO NOT NCLUDE THE DaY OF' THE NJURY OR THE DAY THE EMPLOYEE BECOMES LL DAYS OF RESTRCTED WORK ACTVTY DO NOT NCLUDE DAYS AFTER THE EMPLOYER'S ACTGN HAS BEEN MADE PERMANENT OR THE EMPLOYEE HAS BEEN PERMANENTLY TRANSFERRED TO ANOTHER JOB THE WORKGROUP BELEVES THAT THE DEFNTON OF RESTRCTED WORK ACTVTY S OF PARAMOUNT CONCERN TO EMPLOYERS THER ARE TWO MAN SSUES HERE FRST, THE ASSGNNG OF WORK BASED ON CRAFT JURSDCTON LNES, AND SECOND, THE USE OF LGHT OR ALTERNATVE DUTY WORK ASSGNMENTS THE WORKGROUP BELEVES THAT ALL EMPLOYEES ARE EHTTLED TO EARN A WAGE FOR WORK PERFORMED PROVDNG THAT EMFLOYEE S CAPABLE OF PERFORMNG A SPECFED WORK TASK WTHN OWES EMPLOYMENT N THE CONSTRUCTON NDUSTRY, THER ARE SEVERAL JOBS THAT ONE CAN PERFORM ALONG HS/HER CRAFT LNES AN EXAMPLE OF THS S A PPEFTTER WELDER WHO S GVEN A WORK RESTRCTON THAT HE/SHZ CAN NOT CLMB HE/SHE S ASSGNED A WELDNG TASK ON THE GROUND LEVEL THAT REQURES NO CLMBNG HE SHOULD NOT BE

7 1 \ RECORD KEEPNG WORKGROUP REPORT PAGE 7 CLASSFED AS RESTRCTED BASED ON THE FACT 'THATHE/SBE S PER~ORMNG A FULL WORK RELATED TASK WTHN HS/HER WORK JURSDCTON ANOTHER EXAMPLE S A RONWORKER WHO S NJURED DONG BOLT UP WORK HE/SHE S GVEN A WORK RESTRCTON THAT HE/SHE CAN NOT CLMB WHEN HE/SHE RETURNS TO %"E WORKSTE HE/SHE S ASSGNED THE RONWORKER TASK OF SHAKNG OUT STEEL N THE FAB YARD THS SHOULD NOT BE A RESTRCTED CASE DUE TO THE FACT THAT THE EMPLOYEE WAS GVEN A FULL RONWORKER JOB THAT WOULD HAVE TO BE PERFORMED N ADDTON THS REQUREMENT ENCOURAGES EMPLOYERS TO ELMNATE ALL "ALTERNATVE WORK" PROGRAMS F OSHA WERE TO REVEW "?E REC KEEPNG PRACTCES OF MOST CONTRACTORS, WE BELEVE THAT A LEVEL PLAYNG FELD DOES NOT EXST SNCE ONLY A SMALL PERCENTAGE OF CONTRACTORS EVER GET AN NSPECTON, MOST DO NOT RECORD RESTRCTED CASESAT ALL SNCE OSHA'SRECORD KEEPNG DEFNTON OF RESTRCTED CASES S TO COMBNED THEM WTH LOST WORKDAY CASES TO FORMULATE THE LOST WORKDAY CASE RATE OF CONTRACTORS T DOES NOT REPRESENT A TRUE MEANNG OF A LOST WORKDAY CASE THE WORKGROUP RECOMMENDS A CLEAR SMPLE SOLUTON OSHA REWRE THREE TYPES OF RECORDABtE CASES: 1 MEDCAL CASE ANY CASE THAT REQURES OFF STE MEDCAL TREATMENT (PER THE DEFNTON OF MEDCAL CASE) FOR A WORK RELATED NJURYOR LLNESS 2 LOST WORKDAY CASE ANY CASE THAT REQURES AN EMPLOYEE TO MSS HS/HER NEXT REGULAR SCHEDULED SHFT DUE TO A WORK RELATED NJURY OF LLNESS 3 RESTRCTED WORK DAY CASE ANY EMPLOYEE WHO S GVEN A WORK RESTRCTON DUE TO A WORK RELATED NJURY OR LLNESS, TO THE EXTENT THAT HE/SHE CAN NOT PERFORM A REGULARLY SCHEDULED TASK WTHN HS/HER CRAFT JURSDCTON REQUREMENTS FOR RECORDNG SPECFC NJURES AND LLNESSES: THE OSHA PROPOSAL NCLUDES A MANDATORY APPENDX WTH CRTERA FOR RECORDNG SPECFC TYPES OF NJURES AND LLNESSES THAT MAY BE MSSED WTH GENERAL DEFNTONS THEWORKGROUP AGREES WTH NCLUDNG A MANDATORYAPPENDX, AND WOULD LKE TO WORK WTH OSHA N ESTABLSHNG THS APPENDX FORMS : THE OSHA PROPOSAL NCLUDES REVSED FORMS FOR THE OSHA 200 REVSED TO OSHA 300, AND OSHA 101 REVSED TO OSHA 301 N ADDTON, THE OSHA 300 LOG WLL BE REDUCED TO 8 1/2 X 11 THE WORKGROUP AGREES WTH THE CONCEPT OF THE REVSED FORMS, ESPECALLY THE 8 1/2 X 11 OSHA 300 FORM

8 RECORD KEEPNG PAGE 8 WORKGROUP REPORT NJURY/LLNESS DSTNCTON: _ ~ L THE OSHA PROPOSAL WOULD COMBNE NJURY AND LLNESS CRTERA NTO A SNGLE SZT OF CRTERA FOR DETERMNNG REgORDABLTY THE WORKGROUP DSAGREES WTH COMBNNG THE TWO CATEGORES AND RECOMMENDS KEEPNG THE SEPARATE CATEGORES FOR CLARTY N DSTNGUSHNG NJURES FROM LLNESSES QUESTONS/SSUES SECTON: THE WORKGROUP RECOMMENDS THAT NO PARTAL RECORD KEEPNG EXEMPTONS SHOULD BE GRANTED WE RECOMMEND THE ALL OR NONE THEORY THE WORKGROUP DSAGREES THAT EMPLOYEES SHOULD HAVE ACCESS TO OTHER EMPLOYEES MEDCAL RECORDS AND ACCESS TO THE 300 LOG THE WORKGROUP QUESTONS OSHA ABLTY TO CHANGE THE CONCEPT OF RECORDABLTY SNCE T WAS ESTABLSHED N THE ORGNAL OSHA ACT N REGARD TO THE SSUE OF MENTAL HEALTH CONDTONS, THE WORKGROUP RECOMMENDS THAT OSHA HAKE T CLEAR THAT RECORDABLTY PERTANS TO THOSE CASES THAT ARE DAGNOSED AS WORK RELATED F THE CASES ARE NOT DAGNOSED AS WORK RELATED, THEY SHOULD NOT BE RECORDABLE THE WORKGROUP AGREES WTH OSHA THAT THE FLOW CHART ON ATTACHMENT ONE S WORTHWHLE AND SHOULD BE NCLUDED N THE FNAL NPR G4 ATTACHMENT 2, WORKRELATEDNESS, THE WORKGROUP OFFERS THE FCLLCW NG : A WORKRELATED NJURES AND LLNESSES * WHLE THE EMPLOYEE S ENGAGED N WORK RELATED ACTVTY APPRENTCESHP ACTVTES THAT ARE NOT N CONJUNCTONWTH DALYWORK RELATEDACTVTESARE NOT CONSDERED WORK RELATED: AND, ANY OFF STE NON WORK RELATED TRANNG, TESTNG, OR OTHER UNON ACTVTY SHALL NOT BE CONSDERED WORK RELATED * N COMPANY PARKNG LOTS AS LONG AS A WORK TASK S BENG PERFORMED NJURES/LLNESSES NCURRED WHLE TRAVELNG TO AND FROM WORK SHALL NOT BE CONSTRUED AS RECORDABLE * THE EMPLOYER HAS NO CONTROL OF EMPLOYEES WHLE THEY ARE OFF STE F THE NJURY OCCURS OFF STE WHLE PERFORMNG A WORK RELATED TASK, THE CASE SHOULD BE CONSDERED RECORDABLE

9 P RECORD KEEPNG WORKGROUP REPORT PAGE 9 * NJURES/LLNESSESTHAT OCCUR WHLE AN EMPLOYEE S NOT NVOLVED N A W O R K RELATED ACTVTY BUT S HOUSED N A JOBSTE CAMP OR HOUSNG OR A N OFFSHORE OL RG SHOULD NOT BE CONSTRUED AS RECORDABLE DUE TO THE FACT THAT THE NJURY/LLNESS WAS NOT WORK RELATED B NON WORKRELATED NJURES AND LLNESSES: C TRAVEL STATUS: * * THE WORKGROUP AGREES WTH THE FVE CRTERA LSTED N THS SECTON THE WORKGROUP AGREES WTH THE CRTERA LSTED N THS SECTON AFTERREV'EW OF THE ATTACHMENT THREE, CONDTONS FOR RECORDABLTY THE KORKGROUP OFFERS THE FOLLOWNG COMMENTS: SKN ESORDERS FOR THE PURPOSE OF MONTORNG OR OBSERVATON BY A HEALTE CASE PROFESSONAL SHOULD BE EXTENDED TO 72 HOURS TO BE N LNE WTH THE WORKGROUP'S OTHER RECOMMENDATONS STER STRPS AND BUTTERFLY CLOSURES THAT ARE FRST AD RELATED AND DO NOT REOURE A HEALTH CARE PROFESSONAL TO NSTALL SHOULD NOT BE CLASSFED AS RECORDABLE OSiiA 300 FORM SHOULD NCLUDE A COLUMN FOR NJURY AND LLNESS CHECK THE BOX WOULD BE ACCEPTABLE A GENERAL WORKGROUP COMMENTS: OSHA NEEDS TO TAKE NTO CONSDERATON WHY NJURY AND LLNESS DATA S MPORTANT TO EMPLOYERS AND HOW THS DATA CAN ASSST EMPLOYERS N MPROVNG THER SAFETY AND HEALTH PERFORMANCE GOOD NJURY AND LLNESS DATA PROVDES THE VEHCLE FOR EMPLOYERS TO EFFECTVELY TARGET PREVENTON PROGRAMS AND ACTVTES ALL EMPLOYERS MUST BE REQURED TO MANTAN NJURY/LLNESS FATALTY RECORDS THER SHOULD BE NO EXCEPTONS N THS REGARD SMALL EMPLOYERS COULD UTLZE THE REQUREMENT THAT THEY MANTAN A N "ESTABLSHMENT" RECORD THS WOULD ESPECALLY ASSJST T H E S M A L L EMPLOYER WHO WORKS OUT OF A PCKUP TRUCK AND HAS RESPONSBLTY FOR SEVERAL PROJECTS

10 RECORD KEEPNG WORKGROUP REPORT PAGE 10 THE STATE PLAN STATES SHOULD BE ALLOWED TO SUBSTTUTE FOR THE 301 FORM N ADDTON, STATE PLANS SHOULD BE GVEN FLEXBLTY N DESGNNG THER REVSED FORMS CONCLUSON: N CONCLUSON, THE WORKGROUP WANTS TO COMMEND OSHA AND ESPECALLY BOB WHTMORE AND STEVE NEWELL FOR DEVELOPNG THE DRAFT THAT THE WORKGROUP REVEWED WE LOOK FORWARD TO OSHA PUBLSHNG THE NPR ON RECORD KEEPNG SO THE WORKGROUP CAN CONTNUE WORKNG WTH STEVE AND BOB TO FNALZE A WORKABLE, COST EFFECTVE REVSON TO THS STANDARD N ADDTON, WE BELEVE THE REVSONS WLL CREATE A "LEVEL PLAYNG FELD" AMONG ALL EMPLOYERS N REGARD TO RECORD KEEPNG RESPECTVELY SUBMTTED, S C BURKHAMMER WORKGROUP CHARMAN