Vol. 6
No. 2 Summer 2001 INSIDE OSHA Revises Workplace Injury and Illness Reporting Rule. DOL Narrows Exemption for Labor Relations Consultants. Interim Rules Issued for Bush Executive Orders of Feb. 17th, 2001. FMLA: "Serious Health Condition" Being Redefined. ADA: Medical Examinations / Inquiries Addressed by 3rd Circuit Court. Briefs Violence Updates (Briefs) |
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Effective January 1, 2002 new rules issued by the Occupational Safety and
Health Administration (OSHA) will change the way nearly 1.3 million
worksites will record their employees' injuries and illnesses.
The new rules are meant to simplify the record keeping process and
provide clearer regulatory requirements, which is intended to make
compliance easier for employers. The requirements for injury / illness
record keeping was implemented so that employers would become more
aware of workplace hazards by keeping track of incidents and their
causes, and then be able to remedy them more effectively.
The new rules issued by OSHA include new definitions of medical
treatment, first aid, and restricted work. They also update the OSHA
forms used by employers to list and detail workplace injuries and
illnesses. The rules and instructions on using the forms has been
clarified and provide a single set of recording criteria and allow
employers more freedom to use computers.
Recording Criteria
OSHA requires employers to record only injuries and illnesses that
are work-related. In general, injuries and illnesses are considered
work-related if events or exposures at work either caused or
contributed to the condition or significantly aggravated a pre-
existing injury or illness.
An injury or illness must be recorded for OSHA if it involves death,
loss of consciousness, days away from work, medical treatment other
than first aid, transfer to another job, restriction of work or
motion, or diagnosis of a significant injury or illness by a licensed
health care professional. Also, employers must record all needlestick and
other injuries involving contamination by another person's blood or other
bodily fluid.
Employee Participation
The new rules require that the record keeping process must be
interactive. Employers must establish how employees will report
injuries, convey this information to each employee and provide
employees with access to the records.
Which Employees Injuries Must Be Recorded
All employees on the pay-roll are covered by the regulations. In
addition, employers must record the injuries and illnesses of those
not on the pay-roll if they are supervised on a daily basis.
Employers who had more than ten employees at any time during the
previous calendar year must keep these OSHA injury/illness records,
unless they are part of a designated low hazard industry.
Note: every employer, without exception, must report to OSHA within
eight hours any workplace incident that results in a fatality or the
hospitalization of three or more employees. This report must be made
either by contacting the OSHA toll free number at 800-321-6742 or in
person to the OSHA area office nearest the incident.
For More Information
For more information on this topic you can visit the OSHA Website at: http://www.osha-slc.gov/FedReg_osha_data/FED19960202.html.
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