# Presentation: 099272

## Switching from 1960 to 1904 for Logging Injuries and Illnesses

- AFGE Occupational Safety and Health Conference
-  Frank Denny (VACO Office of Occupational Safety and Health; Program Manager, Occupational Safety and Health) 202 273-9743
- and
- Jean Mullen (Occupational Safety and Health Administration)

- Web sites:  _[www.va.gov/vasafety](http://www.va.gov/vasafety)_ and                   _[http://vaww.appc1.va.gov/vasafety/page.cfm?pg=575](http://vaww.appc1.va.gov/vasafety/page.cfm?pg=575)_
- These sites link to OSHA’s web pages also – such as
- _[http://www.osha.gov/recordkeeping/index.html](http://www.osha.gov/recordkeeping/index.html)_

## History

- 1980 - The publication of 29 CFR 1960 Federal Recordkeeping standards were established.  These standards established an OSHA log that relied on a reporting system designed to collect Workers’ Compensation claims.
- 2001, January – The current 29 CFR 1904 standard was published in the FR for private industry
- 2004 – OSHA plans to publish an amendment to require Federal Agencies to maintain records consistent with private industry.  This move will separate the injury/illness log from WC

## What is the OSHA Log

- The log is the document use to track injuries/illnesses at your facility.
- The log must be post in a prominent location each year to show the number of injuries, illnesses, and fatalities.

## Current Federal Log29 CFR 1960

- Basic Program Elements for Federal Employee Occupational Safety and Health Programs
- Log of OCCUPATIONAL INJURIES AND ILLNESSES (1960.67, .69, and .71)
- All injuries, illnesses and fatalities for which a CA‐1, 2 or 6 is filed with OWCP shall be logged.
- Yearly totals of all injuries/illnesses/fatalities shall be posted - fiscal year.
- OSHA Form 131 (Appendix B), OWCP Form CA‐1, 2 and 6, or equivalent agency forms.
- OSHA Publication 2014

**Notes:**
Basic Program Elements for Federal Employee Occupational Safety and Health Programs - 29 CFR 1960.
Log of OCCUPATIONAL INJURIES AND ILLNESSES (1960.67, .69, and .71) 
All injuries, illnesses and fatalities for which a CA‐1, 2 or 6 is filed with OWCP shall be logged. Claims controverted or otherwise challenged shall be logged but may be deleted if OWCP denies the legitimacy of the claims. 
Claims resulting in permanent transfer, termination of    employment or subsequent granting of Continuation of Pay (COP) shall be recorded as lost time cases. 
Yearly totals of all injuries/illnesses/fatalities shall be posted in each establishment within 45 days of the close of the fiscal year and shall remain posted for 30 consecutive days. 
OSHA Form 131 (Appendix B), OWCP Form CA‐1, 2 and 6, or equivalent agency forms, may be used for supplementary records.  Forms CA-1, 2, and 6 contain the codes for incident investigators.
OSHA Publication 2014

## OSHA Log Under 1904

- Purpose is the same – However, it does not align with or relay on Workers’ Compensation (WC)
- Records are still post annually –February 1 until April 30.
- Post in a conspicuous place or places where notices to employees are customarily posted.
- Records are still maintained for 5 years. 1904.33a
- 1904.33b1 - The stored OSHA 300 Logs must be updated to include newly discovered recordable injuries or illnesses and to show any changes.  However, the summary does not have to be updated 1904.33b2
- A new incident form does not use WC codes.
- A company executive must certify that he or she has examined the OSHA 300 Log and that he or she reasonably believes that the annual summary is correct and complete - 1904.32 (a)(3)

**Notes:**
Purpose is the same, i.e., to record injuries, illnesses, and fatalities.  However, the definition of what is recorded changes and does not align with or relay on Workers’ Compensation (WC) to determine what to record.
Records are still post annually – no later than February 1 of the year following the year covered by the records and keep the posting in place until April 30. 
Post a copy of the annual summary in each establishment in a conspicuous place or places where notices to employees are customarily posted 
Records are still maintained for 5 years. You must save the OSHA 300 Log, the privacy case list (if one exists), the annual summary, and the OSHA 301 Incident Report forms for five (5) years following the end of the calendar year that these records cover.  1904.33a
1904.33b1 - The stored OSHA 300 Logs must be updated to include newly discovered recordable injuries or illnesses and to show any changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes, you must remove or line out the original entry and enter the new information.   The summary does not have to be updated 1904.33b2
A new incident form is used that does not contain the current WC codes.  A data system for rolling up data at a national level does not exist under 1904.  
1904.32 (a)(3) - A company executive must certify that he or she has examined the OSHA 300 Log and that he or she reasonably believes that the annual summary is correct and complete 

## Is It Recordable

- Injury/Illness?

## It is Recordable 

**1904.7(a)** – If it results in any of the following:
- Death - **1904.7(b)(1)(i)**
- Days away from work - **1904.7(b)(1)(ii)**
- Restricted work or transfer to another job - **1904.7(b)(1)(iii)**
- Medical treatment beyond first aid - **1904.7(b)(1)(iv)**
- Loss of consciousness - **1904.7(b)(1)(v)**
- Significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness. - **1904.7(b)(1)(vi)**
**1904.8(a)** – Record all work-related needlestick injuries and cuts from sharp objects that are contaminated.
**1904.9(a)** – If an employee is medically removed.
**1904.10(a)** – Hearing Loss

**Notes:**
1904.8(a) – Record all work-related needlestick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material (as defined by 29 CFR 1910.1030). 
1904.9(a) – If an employee is medically removed under the medical surveillance requirements of an OSHA standard, you must record the case 
1904.10(a) – Work-related Standard Threshold Shift (STS) in hearing in one or both ears, and the employee's total hearing level is 25 decibels (dB) or more above audiometric zero (averaged at 2000, 3000, and 4000 Hz) in the same ear(s) as the STS 

## It is Recordable

**1904.11(a)** – If any of your employees has been occupationally exposed to anyone with a known case of active tuberculosis (TB), and that employee subsequently develops a tuberculosis infection, as evidenced by a positive skin test or diagnosis by a physician or other licensed health care professional.
- Evidence that the case was not caused by occupational exposure:
- The worker is living in a household with a person who has been diagnosed with active TB
- Public Health Department has identified the worker as a contact of an individual with a case of active TB unrelated to the workplace.
- medical investigation shows that the employee's infection was not related to the workplace TB exposure

## Scope

- What is the "work environment"?  OSHA defines the work environment as "the establishment and other locations where one or more employees are working or are present as a condition of their employment.
- Are there situations where an injury or illness occurs in the work environment and is not considered work-related?  Yes** **
- A separate OSHA 300 Log for each establishment that is expected to be in operation for one year or longer. 1904.30

## Where 1904.30(b)(4) 

- If the injury or illness occurs at one of your establishments, you must record the injury or illness on the OSHA 300 Log of the establishment at which the injury or illness occurred.
- If the employee is injured or becomes ill and is not at one of your establishments, you must record the case on the OSHA 300 Log at the establishment at which the employee normally works.

## Contractors

- If you supervise the contractor employee's work on a day-to-day basis, you must record the injury or illness.  - Yes **1904.31(b)(3)**
- If the contractor's employee is under the day-to-day supervision of the contractor, the contractor is responsible.  Yes
- The personnel supply service, temporary help service, employee leasing service, or contractor must also record the injuries or illnesses occurring to temporary, leased or contract employees that you supervise on a day-to-day basis.  - No

## Counting Days of Injury/Illness1904.7(b)(3)(vii) 

- On the day after the injury occurred or the illness began.
- Estimate of the days that the employee will be away - and update
- Calendar days away recommended– not how long the employee decides to stay out.
- Weekend days, holidays, vacation days or other days off are counted- If.
- There is a "cap" on the total days away at 180 calendar days.
- If the employee leaves counting days can stop.
- Recorded restricted work or job transfers can be limited.

**Notes:**
Begin counting days away on the day after the injury occurred or the illness began.
If the employee is out for an extended period of time, you must enter an estimate of the days that the employee will be away, and update the day count when the actual number of days is known. 
Enter the number of calendar days away recommended by the physician or other licensed health care professional – not how long the employee decides to stay out. 
Weekend days, holidays, vacation days or other days off are included in the total number of days recorded if the employee would not have been able to work on those days because of a work-related injury or illness. 
There is a "cap" on the total days away at 180 calendar days.  
If the employee leaves your company for some reason unrelated to the injury or illness, such as retirement, a plant closing, or to take another job, you may stop counting days away from work or days of restriction/job transfer. 
One does not have to record restricted work or job transfers if you, or the physician or other licensed health care professional, impose the restriction or transfer only for the day on which the injury occurred or the illness began.

you do not have to record restricted work or job transfers if you, or the physician or other licensed health care professional, impose the restriction or transfer only for the day on which the injury occurred or the illness began. 
One does not have to record restricted work or job transfers if you, or the physician or other licensed health care professional, impose the restriction or transfer only for the day on which the injury occurred or the illness began.
A recommended work restriction is recordable only if it affects one or more of the employee's routine job functions. 
If a physician or other licensed health care professional recommends a job restriction meeting OSHA's definition, but the employee does all of his or her routine job functions anyway the restriction must record the injury or illness on the OSHA 300 Log as a restricted work case. 

## What is Medical Treatment Under OSHA Recordkeeping1904.7(b)(5)(i) 

- Visits to a physician or other licensed health care professional solely for observation or counseling – No
- Conducting diagnostic procedures, such as x-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes (***e.g.***, eye drops to dilate pupils) – No
- "First Aid" – No

**Notes:**
finite list 

## What is First Aid Under OSHA Recordkeeping1904.7(b)(5)(ii)

- Using a **non-prescription medication at nonprescription strength** - No
- Immunizations – No/yes
**Cleaning**, flushing or soaking wounds on the surface of the skin - No
- Using **wound coverings** such as bandages, Band-AidsTM, gauze pads, etc.; or using butterfly bandages or Steri-StripsTM  No
- Other wound closing devices such as sutures, staples, etc., are considered medical treatment.  Yes
- Using **hot or cold therapy** - No

**Notes:**
Using a non-prescription medication at nonprescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for recordkeeping purposes) - no

## What is First Aid Under OSHA Recordkeeping1904.7(b)(5)(ii)

- Using any **non-rigid means of support**, such as elastic bandages, wraps, non-rigid back belts, etc. – No
- Devices with rigid stays or other systems designed to **immobilize parts of the body** are considered medical treatment for recordkeeping purposes. Yes
- Using **temporary immobilization devices** while transporting an accident victim (***e.g.***, splints, slings, neck collars, back boards, etc.). No
- Drilling of a fingernail or toenail to relieve pressure, or **draining fluid from a blister** – No
- Using **eye patches** – No
**Removing foreign bodies** from the eye using only irrigation or a cotton swab – No

## What is First Aid Under OSHA Recordkeeping1904.7(b)(5)(ii)

**Removing splinters** or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means – No
- Using **finger guards** – No
- Using **massages** – No
- Physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes - Yes
**Drinking fluids** for relief of heat stress – No
- The professional status of the person providing the treatment has no effect on what is considered first aid or medical treatment

## Needlesticks1904.8 

- Record all work-related needlestick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material (as defined by 29 CFR 1910.1030).
- Update the classification of the case on the OSHA 300 Log if the case results in death, days away from work, restricted work, or job transfer.

## Hearing Loss1904.10 

- Threshold Shift (STS) in hearing in one or both ears, and the employee's total hearing level is _>_25 decibels (dB)
- The current audiogram can be adjusted to reflect the effects of aging on hearing
- Check the 300 Log column for hearing loss.

**Notes:**
If an employee's hearing test (audiogram) reveals that the employee has experienced a work-related Standard Threshold Shift (STS) in hearing in one or both ears, and the employee's total hearing level is 25 decibels (dB) or more above audiometric zero (averaged at 2000, 3000, and 4000 Hz) in the same ear(s) as the STS, you must record the case on the OSHA 300 Log. 
The current audiogram can be adjusted to reflect the effects of aging on hearing - Tables F-1 or F-2, as appropriate, in Appendix F of 29 CFR 1910.95 
When entering a recordable hearing loss case on the OSHA 300 Log, you must check the 300 Log column for hearing loss.

## http://www.osha.gov/recordkeeping/hearinglossflowchart.pdf

## Employee and Their Representatives 1904.35a

- Employees and their representatives must be involved in the recordkeeping system :
- Inform each employee of how he or she is to report an injury or illness to you.
- Provide limited access to your injury and illness records for your employees and their representatives.

## Access to the OSHA Injury and Illness Records - 1904.35b

- Employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the OSHA injury and illness records, with some limitations:
- An authorized employee representative from an authorized collective bargaining agent of employees.
- Personal Representative:
- Any person that the employee or former employee designates as such, in writing
- The legal representative of a deceased or legally incapacitated employee or former employee.

## Privacy 1904.35(b)(2)(iv) 

- The names on the 300 Log can not be removed prior to providing them to an employee, former employee, or employee representative. However, to protect the privacy of injured and ill employees, you may not record the employee's name on the OSHA 300 Log for certain "privacy concern cases," as specified in paragraphs 1904.29(b)(6) through 1904.29(b)(9).

**Notes:**
What must I do to protect employee privacy if I wish to provide access to the OSHA Forms 300 and 301 to persons other than government representatives, employees, former employees or authorized representatives? If you decide to voluntarily disclose the Forms to persons other than government representatives, employees, former employees or authorized representatives (as required by §§ 1904.35 and 1904.40), you must remove or hide the employees' names and other personally identifying information, except for the following cases. You may disclose the Forms with personally identifying information only:1904.29(b)(10)(i) to an auditor or consultant hired by the employer to evaluate the safety and health program;1904.29(b)(10)(ii) to the extent necessary for processing a claim for workers' compensation or other insurance benefits; or1904.29(b)(10)(iii) to a public health authority or law enforcement agency for uses and disclosures for which consent, an authorization, or opportunity to agree or object is not required under Department of Health and Human Services Standards for Privacy of Individually Identifiable Health Information, 45 CFR 164.512. 

## Privacy Concern Cases 1904.29(b)(6) - 1904.29(b)(9).

- Enter "privacy case" in the space normally used for the employee's name.
- An injury or illness to an **intimate body part** or the reproductive system.
- An injury or illness resulting from a **sexual assault**
**Mental illnesses**
**HIV infection, hepatitis, or tuberculosis**
**Needlestick injuries and cuts from sharp objects** that are contaminated with another person's blood or other potentially infectious material
- Other illnesses, if the **employee voluntarily requests** that his or her name not be entered on the log
- Discretion in describing the injury or illness on both the OSHA 300 and 301 forms can also be used. 1904.29(b)(9)

## Prohibition against discrimination1904.36  

- Section 11(c) of the Act prohibits discrimination against an employee for reporting a work-related fatality, injury or illness. That provision of the Act also protects the employee who files a safety and health complaint, asks for access to the Part 1904 records, or otherwise exercises any rights afforded by the OSH Act.

## When Would Records be Provided

- When an employee, former employee, or personal representative **asks** for a copy of an incident contained in the OSHA 300 Log (s) -- by the **end of the next business day**. 1904.35(b)(2)(iii)
- When an authorized employee representative **asks** for a copies of the OSHA 301 Incident Reports for an establishment – **within 7 calendar days**. 1904.35(b)(2)(v)(B)
- The authorized employee representative gets only the information from the OSHA 301 Incident Report section titled "Tell us about the case."
- A change for copies for the first time they are provided can not be made. 1904.35(b)(2)(vi)

## Differences

- Logging injuries/illnesses
- An employee is working at home:
- If an employee working at home is electrocuted because of faulty home wiring, the injury is not considered work-related.  So it is not logged and is not covered by WC
- If an employee drops a box of work documents and injures his or her foot, the case is considered work-related. So it is logged and is covered by WC

**1904.5(b)(7)**

## Differences

- Logging injuries/illnesses
- An employee is at work:
- Injury or illness results solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity such as blood donation, physical examination, flu shot, exercise class, racquetball, or baseball. – No   If the employer encourages taking a vaccination and there is a reaction it would be covered under WC.   -  Yes
- If the employee is made ill by ingesting food contaminated by workplace contaminants (such as lead), or gets food poisoning from food supplied by the employer, the case would be considered work-related.  -  Yes

**1904.5(b)(2)**

## Differences

- Logging injuries/illnesses - An employee is on travel:
- If the employee has established a "home away from home" and is reporting to a fixed worksite each day.  Do you consider injuries or illnesses work-related if they occur while the employee is commuting between the temporary residence and the job location.  No
- Injuries or illnesses occur while the employee is on a personal detour from a reasonably direct route of travel (***e.g***, has taken a side trip for personal reasons).  No
- Injuries or illnesses occur as the result of a commercial airline incident.  No --- but are covered by WC
- Common cold and flu cases.  - No  1904.5(b)(2))

**1904.5(b)(6)(i)&(ii)**

## Differences

- Logging injuries/illnesses
- An employee is covered under an OSHA Standard:
- An employee is under medical surveillance for exposure above the PEL for asbestos would be logged.  Yes
- An employee is stuck by a contaminated needle but there is no injury or illness would be logged.  Yes

**1904.5**

## Recordable

- Days away prescribed by a physician must be recorded whether the injured or ill employee follows the physician or licensed health care professional's recommendation or not.  Correct
- Count of days away from work ends on the date the physician or other licensed health care professional recommends that the employee return to work.  Correct

**1904.7(b)(3)(ii)&(iii)**

## Reportable

- Employers must call in all fatal heart attacks occurring in the work environment. (§1904.39(b)(5))
- Employers do not need to call in public street motor vehicle accidents except those in a construction work zone. (§1904.39(b)(3))
- Employers do not need to call in commercial airplane, train, subway or bus accidents. (§1904.39(b)(4))
- Employers must provide records to an OSHA compliance officer who requests them within 4 hours. (§1904.40(a))

## Major Issues of the Standard29 Code of Federal Regulations 1904

- OSHA recordkeeping is not for the purpose of WC
- Not all injuries that are compensable under WC are recordable
- Not all injuries/illnesses recordable are compensable under WC
- Medical Treatment and First Aid are specified
- Access to information is specified
- Privacy is provided

## OSHA's Other Recordkeeping Standard: Access to Employee Exposure and Medical Records

- 29 CFR1910.1020 - "Access to Employee Exposure and Medical Records"
- Allows **employees** to examine the results of monitoring that measured their level of exposure to those chemicals, and any medical records that might provide information about whether or not their health status was affected by their exposure.
- An employee may provide written **authorization for access to an individual or an organization** for the purpose of access to employee exposure records or analyses using exposure or medical records.

**Notes:**
Unlike hazard communication, which addresses only chemical hazards, the access rule also includes exposure to biological hazards such as bacteria, viruses and fungi, and physical hazards such as radiation and vibration. 
For three decades 
As a practical matter, this means that records concerning exposure to biological hazards such as mold, ergonomic stresses or radiation would be considered employee exposure records. 
Employees are entitled to access medical records of which they are the subject. An exception is when an employee requests access to his or her medical records and a physician representing the employer believes that direct employee access to information contained in the records regarding a specific diagnosis of a terminal illness or psychiatric condition could be detrimental to the employee's health. 
Unless protected as a trade secret