OSHA and Workers' Compensation

OSHA and Workers' Compensation

OSHA and Workers' Compensation

Recording Work-Related Injuries and Illnesses

There are 3 forms used when recording work-related injuries and illnesses:

  1. Incident Report (specifically describes the incident in detail and includes employee information)
  2. Form 300--Log of Work-Related Injuries and Illnesses. (used to classify injuries and illnesses and the extent and severity of each case)
  3. Form 300A --Summary of Work-Related Injuries and Illnesses. (shows the totals for the year in each category and is posted visibly for all employees)

OSHA and Workers' Compensation

General Information

  • Employees have the right to review your injury and illness records.
  • Cases listed on the Log are not necessarily eligible for workers' compensation or other insurance benefits.
  • Listing a case on the Log does not mean the employer or worker was at fault or that an OSHA standard was violated.

OSHA and Workers' Compensation

When is an injury or illness considered work-related?

An injury or illness is considered work-related if an event or exposure in the work environment caused or contributed to the condition or significantly aggravated a preexisting condition. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the workplace, unless an exception specifically applies.

OSHA and Workers' Compensation

Which work-related injuries and illnesses should you record?

Record those that result in:

  • death
  • loss of consciousness
  • days away from work
  • restricted work activity or job transfer
  • medical treatment beyond first aid

You must record any significant work-related injury or illness that is diagnosed by a physician or other licensed health care professional. You must record any work-related case involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum.

Additional criteria:

  • any needlestick injury or cut from a sharp object that is contaminated with another person's blood or other potentially infectious material
  • any case requiring an employee to be medically removed under the requirements of an OSHA health standard
  • tuberculosis infection as evidenced by a positive skin test or diagnosis by a physician or other licensed health care professional after exposure to a known case of active tuberculosis.
  • an employee's hearing test reveals that the employee has experienced a STS in hearing in one or both ears and the total hearing level is 25 decibels or more above audiometric zero in the same ear as the STS.

OSHA and Workers' Compensation

What is considered medical treatment?

The following are not considered medical treatments and NOT recordable:

  • visits to the doctor or health care professional solely for observation or counseling
  • diagnostic procedures, including administering prescription medications that are used solely for diagnostic purposes
  • any procedure that can be labeled first aid.

OSHA and Workers' Compensation

What is first aid?

If an incident requires only the following types of treatment, consider it first aid. Do NOT record the case if it involves only:

  • using non-prescription medications at nonprescription strength
  • administering tetanus immunizations
  • cleaning, flushing or soaking wounds on the skin surface
  • using wound coverings, such as bandages, BandAids, gauze pas, etc. or using SteriStrips or butterfly bandages.
  • using hot or cold therapy
  • using any totally non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc.
  • using temporary immobilization devices while transporting an accident victim (splints, slings, neck collars, or back boards)
  • drilling a fingernail or toenail to relieve pressure or draining fluids from a blister
  • using eye patches
  • using simple irrigation or a cotton swab to remove foreign bodies not embedded in or adhered to the eye
  • using irrigation, tweezers, cotton swab or other simple means to remove splinters or foreign material from areas other than the eye
  • using finger guards
  • using massages
  • drinking fluids to relieve heat stress

OSHA and Workers' Compensation

How do you decide if the case involved restricted work?

Restricted work activity occurs when, as the result of a work-related injury or illness, an employer or health care professional keeps, or recommends keeping, an employee from doing the routine functions of his or her job or from working the full workday that the employee would have been scheduled to work before the injury or illness occurred.

How do you count the number of days of restricted work activity or the number of days away from work?

Count the number of calendar days the employee was on restricted work activity or was away from work as a result of the injury or illness.

Do not count the day the injury or illness occurred.

You may stop counting days once the total number of restricted work activity and/or days away from work reaches 180 days.

OSHA and Workers' Compensation

Under what circumstances should you NOT enter the employee's name on the Form 300?

The following types of injuries or illnesses are to be privacy concern cases and identifying information should not be on Form 300:

  • an injury or illness to an intimate body part or to the reproductive system
  • an injury or illness resulting from a sexual assault
  • a mental illness
  • a case of HIV infection, hepatitis, or tuberculosis
  • a needlestick injury or cut from a sharp object that is contaminated with blood or other potentially infectious material
  • other illnesses, if the employee independently and voluntarily requests that his or her name not be entered on the log.

You must not enter the employee's name on the Form 300 (log) for these cases. Instead, enter "privacy case" in the space normally used for the employee's name.

You must keep a separate, confidential list of the case numbers and employee names for privacy concern cases so you can update and provide information to the government if needed.

OSHA and Workers' Compensation

Classifying Injuries

An injury is any wound or damage to the body resulting from an event in the work environment.

Examples: cut, puncture, laceration, abrasion, fracture, bruise, contusion, chipped tooth, amputation, insect bite, electrocution, or a thermal, chemical, electrical or radiation burn. Sprain and strain injuries to muscles, joints and connective tissues are classified as injuries when they result from a slip, trip, fall or other similar accidents.

OSHA and Workers' Compensation

Classifying Illnesses

Skin diseases or disorders that are caused by work exposure to chemicals, plants or other substances.

Respiratory conditions associated with breathing hazardous biological agents, chemicals, dust, gases, vapors or fumes at work.

Poisoning evidenced by abnormal concentrations of toxic substances in blood, other tissues, other bodily fluids or the breath that are caused by the ingestion or absorption of toxic substances into the body.

Hearing loss (noise-induced).

Other occupational illnesses (heatstroke, sunstroke, heat exhaustion, heat stress and other effects of environmental heat; freezing, frostbite and other effects of exposure to low temperatures, etc.

OSHA and Workers' Compensation

Keeping the records straight...

When do you post the Summary (Form 300A)?

Only the summary is posted by February 1 of the year following the year covered by the form and keep it posted until April 30 of that year.

How long must you keep the Log and Summary on file?

All records must be kept on file for 5 years following the year to which they pertain.

Do you have to send these forms to OSHA at the end of the year?

No, not unless specifically asked for.

OSHA and Workers' Compensation

How to fill out the Log (Form 300)

Osha log

 

1. Be as specific as possible. You can use two lines if you need more room.

2. Revise the log if the injury or illness progresses and the outcome is more serious than you originally recorded for the case. Cross out, erase or white-out the original entry.

3 and 4. Note whether the case involves an injury or illness.

OSHA and Workers' Compensation

How to fill out the Summary (Form 300A)

Osha summary

 

The Summary (Form 300A) must be filled out and posted by February 1 of each year for the year prior. It must be posted in an area where all employees can view it. It is to be posted until April 30.

The Summary must be posted even if no injuries or illnesses were recorded or occurred.

OSHA and Workers' Compensation

Filling out the Injury and Illness Incident Report

This document will be used when reporting a work-related injury or illness. This document is then scanned and sent to [email protected] for review.

Be sure to enter all corresponding information from this report to the Log (Form 300).

You must fill out this form within 7 calendar days after you receive information that a recordable work-related injury or illness occurred.

This form must be kept on file for 5 years following the year to which it pertains.

 

 

OSHA and Workers' Compensation

Accessing Information on OSHA

All the documents needed and instructions can be accessed on Dropbox under "OSHA Docs". If you have any questions or need assistance with specific cases, consult those documents or consult with Ami.