Heart attack (b)(5) Expanded reporting requirements. What if the fatality or admission occurs later? vehicle accident

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1 Expanded reporting requirements As of January 1, 2015, employers must report the following to OSHA: All work-related fatalities within 8 hours All work-related in-patient hospitalizations of one or more employees within 24 hours All work-related amputations within 24 hours All work-related losses of an eye within 24 hours What if the fatality or admission occurs later? If a fatality occurs within 30 days of the work-related incident, or if an in-patient hospitalization, amputation, or loss of an eye occurs within 24 hours of the workrelated incident, then you must report the event to OSHA. What is an amputation? An amputation is the traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; amputations of body parts that have since been reattached. Heart attack (b)(5) Do I have to report a work-related fatality or in-patient hospitalization caused by a heart attack? Yes, your local OSHA Area Office director will decide whether to investigate the event, depending on the circumstances of the heart attack. vehicle accident (b)(3) Do I have to report the fatality, inpatient hospitalization, amputation, or loss of an eye if it resulted from a motor vehicle accident on a public street or highway? Yes, if the motor vehicle accident occurred in a construction work zone, you must report the fatality, inpatient hospitalization, amputation, or loss of an eye. If the motor vehicle accident occurred on a public street or highway, but not in a construction work zone, you do not have to report the fatality, inpatient hospitalization, amputation, or loss of an eye to OSHA. 1

2 How can employers report to OSHA? (a)(2) unadjusted penalty $5,000 By telephone to the nearest OSHA office during normal business hours By telephone to the 24-hour OSHA hotline ( OSHA or ). Online: SAV: The employer did not report an inpatient hospitalization, amputation, or loss of an eye as a result of a work-related incident to OSHA within twenty-four (24) hours: AVD: On or about July 1, 2016, an employee suffered a laceration to his left hand resulting in admission to a medical center for surgery and the employer did not report the incident to OSHA within twenty-four hours. What else is new with recordkeeping? Annual Reporting Electronic Submittal of Injury/Illness Data (a)(2) covered industries: General Medical and surgical hospitals Agriculture, forestry and fishing (NAICS 11) Utilities (NAICS 22) Construction (NAICS 23) Manufacturing (NAICS 31-33) Wholesale Trade (NAICS 42) Industry groups (4-digit NAICS) with a three year average DART rate of 2.0 or greater in the Retail, Transportation, Information, Finance, Real Estate and Service sectors. North American Industry Classification System So do I have more than 249 or more than 19 employees? The electronic reporting requirements are based on the size of the establishment, not the firm. A firm may be comprised of one or more establishments. Each individual employed in the establishment at any time during the calendar year counts as one employee, including full-time, part-time, seasonal, and temporary workers. 2

3 Compliance schedule Sites covered with 250 employees must submit 2016 Form 300A by July 1, forms (300A, 300, and 301) by July 1, Sites covered with must submit 2016 Form 300A by July 1, 2017, 2017 Form 300A by July 1, 2018 Beginning in 2019 and every year thereafter, submitted by March 2. Beginning in 2019 and every year thereafter, submitted by March 2. OSHA State Plan states must adopt requirements within 6 months of final rule. Injury Tracking Application Electronic Submission of Injury and Illness Records to OSHA OSHA will provide a secure website (2/17) manually enter data into a web form upload a CSV file to process single or multiple establishments at the same time users of automated recordkeeping systems will have the ability to transmit data electronically via an API (application programming interface). We will provide status updates and related information here as it becomes available. Third Party Submission? 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. Responsibility for completeness, accuracy & timeliness of providing records lies with the employer, not the third party. You may divide one location into two or more establishments only when Each facility represents a distinctly separate business Each facility is engaged in a different economic activity No one industry description applies to the joint activities of the establishments Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information. Why is OSHA collecting the records? It is not new. It was 80,000. Analysis of the data will improve OSHA's ability to identify, target, and remove safety and health hazards, thereby preventing workplace injuries, illnesses, and deaths. OSHA believes that public disclosure of the data will "nudge" employers to improve workplace safety (without an OSHA inspection) 3

4 Anti-retaliation protections (b)(1)(i) Incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses. These provisions became effective August 10, 2016, but OSHA has delayed their enforcement until December 2, Requires employer to have a reasonable procedure for reporting work-related injuries and illnesses Reasonable means it would not discourage a reasonable employee from reporting Employee must know they are injured (b)(1)(ii) (b)(1)(iii) Employers must inform employees of the procedure for reporting work-related injuries and illnesses For OSHA to issue a citation, OSHA must identify an employee who was not informed of the procedure Employers must inform employees of their right to report work-related injuries and illnesses free from retaliation May be met by posting the OSHA It s The Law worker rights poster v. April 2015 or later (b)(1)(iv) An employer may not retaliate against employees for reporting work-related injuries or illnesses Adverse actions may include discharging employees who report, denying a benefit under an incentive program because an employee has reported, or drug testing employees in retaliation for reporting. 4

5 What about drug testing? The rule does not prohibit drug testing of employees. Prohibits employers from using drug testing as a threat Drug testing to comply with regulations is not retaliatory and not prohibited And incentive programs? Employers must not create incentive programs that deter or discourage an employee from reporting an injury or illness. Incentive programs should encourage safe work practices and promote worker participation in safety-related activities. Walking-Working Surfaces Inspection, maintenance, and repair Scope and definitions General requirements Ladders Step bolts and manhole steps Stairways Dockboards Scaffolds and rope descent systems Duty to have fall protection & falling object protection Fall protection systems and falling object protection Criteria and practices Training requirements Powered platforms for building maintenance Vehicle-mounted elevating and rotating work platforms Personal fall protection systems (d) - The employer must ensure: (1) Walking-working surfaces are inspected, regularly and as necessary, and maintained in a safe condition; (2) Hazardous conditions corrected or repaired before an employee uses the walking-working surface again. If the correction or repair cannot be made immediately, the hazard must be guarded to prevent employees from using the walking-working surface until the hazard is corrected or repaired (a) covers all ladders fiberglas Ladders (b)(8) Ladders are used only for the purposes for which they were designed; (b)(9) Ladders are inspected before initial use in each work shift, and more frequently as necessary, to identify any visible defects; (b)(10) Any ladder with defects is tagged Dangerous: Do Not Use and removed from service until repaired (b)(11) Each employee faces the ladder when climbing up or down it; (b)(13) No employee carries any object or load that could cause the employee to lose balance and fall Fixed ladders (b)(9) For fixed ladders that extend more than 24 feet (7.3 m) above a lower level, the employer must ensure: (A) Existing fixed ladders. Each fixed ladder installed before November 19, 2018 is equipped with a personal fall arrest system, ladder safety system, cage, or well; (B) New fixed ladders. Each fixed ladder installed on and after November 19, 2018, is equipped with a personal fall arrest system or a ladder safety system; (C) Replacement. When a fixed ladder, cage, or well, or any portion of a section thereof, is replaced, a personal fall arrest system or ladder safety system is installed in at least that section of the fixed ladder, cage, or well where the replacement is located; and (D) Final deadline. On and after November 18, 2036, all fixed ladders are equipped with a personal fall arrest system or a ladder safety system. 5

6 Dockboards Dockboard means a portable or fixed device that spans a gap or compensates for a difference in elevation between a loading platform and a transport vehicle. Dockboards include, but are not limited to, bridge plates, dock plates, and dock levelers. (b)(1) Dockboards put into initial service on or after January 17, 2017 are designed, constructed, and maintained to prevent transfer vehicles from running off the dockboard edge; Scaffolds (a) Scaffolds used in general industry must meet the requirements in 29 CFR part 1926, subpart L (d) The employer must ensure measures, such as wheel chocks or sand shoes, are used to prevent the transport vehicle (truck, semi-trailer, trailer, or rail car) on which a dockboard is placed, from moving while employees are on the dockboard; Scaffold Requirements Daily Inspection Fall protection at 10 feet Safe access provided to scaffold platform Footing capable of preventing displacement All work platform levels fully planked Fall hazards within 6 feet of edge (b)(1) employer must ensure that each employee on an unprotected side or edge that is 4 feet (1.2 m) or more above a lower level is protected by one of the following: (A) Guardrail systems; (B) Safety net systems; or (C) Personal fall protection systems, such as personal fall arrest, travel restraint, or positioning systems. Work on low-slope roofs (b)(13) (ii) When work is performed at least 6 feet (1.6 m) but less than 15 feet (4.6 m) from the roof edge, the employer may use a designated area when performing work that is both infrequent and temporary. Employees remain within the designated area The perimeter is delineated with a warning line consisting of a rope, wire, tape, or chain Designated areas (2) The employer must ensure each warning line: (i) Has a minimum breaking strength of 200 pounds; (ii) Is installed so its lowest point, including sag, is not less than 34 inches and not more than 39 inches; (iii) Is supported in a manner that pulling on the line will not result in slack being taken up in adjacent sections causing the line to fall below the limits (iv) Is clearly visible from a distance of 25 feet (v) Is erected as close to the work area as the task permits; and (vi) Is erected not less than 6 feet (1.8 m) from the roof edge 6

7 If the work is more than 15 feet away and both infrequent and temporary The employer must implement and enforce a work rule prohibiting employees from going within 15 feet (4.6 m) of the roof edge Training requirements Each employee is trained by a qualified person on or before May 17, 2017 on (i) Nature of the fall hazards and how to recognize them; (ii) Procedures to be followed to minimize the hazards; (iii) The correct procedures for installing, inspecting, operating, maintaining, and disassembling the personal fall protection systems that the employee uses; (iv) The correct use of personal fall protection systems and equipment including, but not limited to, proper hookup, anchoring, and tie-off techniques, and methods of equipment inspection and storage, as specified by the manufacturer. the proper care, inspection, storage, and use of equipment before an employee uses it Retraining requirements The employer must retrain an employee when the employer has reason to believe the employee does not have the understanding and skill required including: (1) When changes in the workplace render previous training obsolete or inadequate; (2) When changes in the types of fall protection systems or equipment to be used render previous training obsolete or inadequate; or (3) When inadequacies in an affected employee's knowledge or use of fall protection systems or equipment indicate that the employee no longer has the requisite understanding or skill necessary to use equipment or perform the job safely. Vehicle-mounted elevating and rotating work platforms (v) A personal fall arrest or travel restraint system that meets the requirements in subpart I of this part shall be worn and attached to the boom or basket when working from an aerial lift. Brian Bothast Lead Safety and Occupational Health Specialist Peoria Area OSHA Office T oshapeoria@dol.gov 7