# Presentation: 911292

## Recordkeeping Overview of 29CFR Part 1904

## Subpart A -- Purpose

- §**§ 1904.0 Purpose.**
- The purpose of this rule (Part 1904) is to require employers to record and report work-related fatalities, injuries and illnesses.

**Note to §§ 1904.0:** Recording or reporting a work-related injury, illness, or fatality does not mean that the employer or employee was at fault, that an OSHA rule has been violated, or that the employee is eligible for workers' compensation or other benefits.
- [66 FR 6122, Jan. 19, 2001]

- X

**1904.3**
- If you create records to comply with another government agency's injury and illness recordkeeping requirements, OSHA will consider those records as meeting OSHA's Part 1904 recordkeeping requirements if OSHA accepts the other agency's records under a memorandum of understanding with that agency, or if the other agency's records contain the same information as this Part 1904 requires you to record. You may contact your nearest OSHA office or State agency for help in determining whether your records meet OSHA's requirements.
- [42 FR 65165, Dec. 30, 1977; 66 FR 6122, Jan. 19, 2001]

## Subpart C

**1904.4(a)**
- Basic requirement. Each employer required by this Part to keep records of fatalities, injuries, and illnesses must record each fatality, injury and illness that:

**1904.4(a)(1)**
- Is work-related; and

**1904.4(a)(2)**
- Is a new case; and

**1904.4(a)(3)**
- Meets one or more of the general recording criteria of §§ 1904.7 or the application to specific cases of §§ 1904.8 through §§ 1904.12.

- X

## 1904.4(b) Implementation 

- Criteria for Recording Work-Related Injuries and Illnesses

- X

## Injury/Illness

-  An abnormal condition or disorder

- Injuries include:

- Illnesses include both acute and chronic illnesses such as :

- Cuts

- Fractures

- Sprains

- Amputations

- Skin diseases

- Respiratory disorders

- Poisoning

- x

## Work-Related

- You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in §§ 1904.5(b)(2) specifically applies.

## 1904.5 – Work-relatedness

- A case is considered work-related if an event or exposure in the work environment either caused or contributed to the resulting condition

- A case is considered work-related if an event or exposure in the work environment *significantly* aggravated a pre-existing injury or illness

- Work-relatedness is presumed for injuries and illnesses resulting from exposures occurring in the work environment

- X

## 1904.5 – Work-relatedness

- 9 Exemptions

- Present as a member of the general public

- Symptoms arising in work environment that are solely due to non-work-related event or exposure

- Voluntary participation in wellness program, medical, fitness or recreational activity

- Eating, drinking or preparing food or drink for personal consumption

- Personal tasks outside assigned working hours

- Personal grooming, self medication for non-work-related condition, or intentionally self-inflicted

- Motor vehicle accident in parking lot/access road during commute

- Common cold or flu

- Mental illness unless medical opinion states work related

## Working at Home

- Injuries and illnesses that occur while an employee is working at home, including work in a home office, will be considered work-related if the injury or illness occurs while the employee is performing work for pay or compensation in the home, and the injury or illness is directly related to the performance of work rather than to the general home environment or setting.

## Working at Home Examples

- If an employee drops a box of work documents and injures his or her foot, the case is considered work-related.

- If an employee's fingernail is punctured by a needle from a sewing machine used to perform garment work at home, becomes infected and requires medical treatment, the injury is considered work-related.

- If an employee is injured because he or she trips on the family dog while rushing to answer a work phone call, the case is not considered work-related.

- If an employee working at home is electrocuted because of faulty home wiring, the injury is not considered work-related

- x

## Employees in Travel Status

- Injuries and illnesses that occur while an employee is on travel status are work-related if, at the time of the injury or illness, the employee was engaged in work activities "in the interest of the employer."

- Examples of such activities include:

- Travel to and from customer contacts

- Conducting job tasks

- Entertaining or being entertained to transact, discuss, or promote business

- (work-related entertainment includes only entertainment activities being engaged in at the direction of the employer)

- X

## Employees in Travel Status

- Injuries or illnesses that occur when the employee is on travel status do not have to be recorded if they meet one of the following exceptions:

- If the employee has established a temporary residence – i.e. checked into a hotel or motel for one or more days.

_**AND**_

**The employee was not engaged in work related tasks**

- The injuries or illness occurred while the employee was on a personal detour from a reasonably direct route of travel (e.g, has taken a side trip for personal reasons).

- x

## Which injuries and illnesses are considered pre-existing conditions?

- An injury or illness is a preexisting condition if it resulted solely from a non-work-related event or exposure that occured outside the work environment.

- X

## How do I know if an event or exposure in the work environment "significantly aggravated" a preexisting injury or illness?

- A preexisting injury or illness has been significantly aggravated, for purposes of OSHA injury and illness recordkeeping, when an event or exposure in the work environment results in any of the following:

- X

## Preexisting Injury/Illness Event

- Death

- Loss of Consciousness

- Job transfer, days away from work or days of restricted activity

- Medical Treatment

- Provided that the preexisting injury or illness would likely not have resulted in death, loss of consciousness, job transfer, days away from work or restricted work activity, or need for medical treatment, but for the occupational event or exposure.

- X

## New Case or Recurrence

- The employee has not previously experienced a recorded injury or illness of the same type that affects the same part of the body

- NEW

- The employee previously experienced a recorded injury or illness of the same type that affected the same part of the body but had recovered completely

- NEW

## New Case or Recurrence

- The employee exhibits signs or symptoms of a previously diagnosed chronic work related disease.

- Recurrence

- The employee experiences signs or symptoms of injury or illness as the result of an event or exposure in the workplace.

- NEW

## Recordable

- New Injury or Illness resulting in:

- Death

- Days away from work

- Days of restricted work activity or transfer to another job

- Medical treatment beyond first aid

- Loss of consciousness

- Significant Injury or Illness diagnosed by physician or health care professional

## “Significant” Diagnosed Injury or Illness

- Work-related cases involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum

## Recordable

- Needlestick injuries and cuts from objects contaminated with blood or other potentially infectious material

- Medical removal under OSHA standards

- Occupational hearing loss

- Tuberculosis infection related to occupational exposure

- Musculoskeletal disorders

- x

## OSHA Form 300

## OSHA Form 300A

## OSHA Form 301