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OSHA Issues New Recordkeeping and Reporting Requirements

Fighting workers comp fraudEffective Jan. 1, 2015, the Occupational Safety and Health Administration (OSHA) will require employers to report any work-related employee fatality within eight hours and inpatient hospitalization, amputation or loss of an eye within 24 hours. Employers will be required to submit these reports to OSHA by telephone at 1-800-321-OSHA (6742), by calling or visiting the nearest area office during normal business hours or through a website that is currently under development.

This new requirement came as part of a new final rule that also updates the list of employers that are partially exempt from OSHA’s record keeping requirements. As a result, many employers that are not currently required to maintain injury and illness records will lose their exempt status and will be expected to create and maintain in their establishments OSHA Forms 300, 300A and 301. OSHA will provide compliance assistance by reaching out and making training available to affected employers.

Current Requirements
Presently, OSHA requires employers to report work-related fatalities and inpatient hospitalizations of three or more employees within eight hours of the event. The new rule maintains the requirement to report fatalities within eight hours, but requires reporting hospitalizations (regardless of how many employees are hospitalized), amputations and any loss of an eye within 24 hours. In addition, OSHA currently allows certain employers to be partially exempt from its recordkeeping and reporting requirements. Qualifying employers are partially exempt because reporting requirements still apply, even though they are not required to maintain work-related injury and illness records. Employers qualify for a partial exemption if they:
• Have fewer than 10 employees (unless otherwise directed by OSHA or the Bureau of Labor Statistics); or
• Their establishments are classified as being part of a partially exempt industry.
Under the new final rule, the qualifications for partially exempt employers remain the same, but the list of partially exempt industries has been updated.

The Final Rule
The final rule will enable OSHA to conduct more accurate, timely investigations of the hazards that lead to serious injuries and illnesses in the workplace. The rule will also make OSHA’s reporting requirements more consistent with other federal and state agency requirements. States with OSHA-approved state plans are required to notify OSHA within 60 days on whether they intend to adopt a standard or regulation that is identical or at least as effective as the new rule. State plans then have up to six months to adopt the new standard. State plans that adopt recordkeeping requirements that differ from federal requirements must identify and post on their website the differences between the federal and state requirements or submit the differences to OSHA with information on how the public can obtain this information. While state plans are merely encouraged to comply with the new rule by Jan. 1, 2015, their compliance is required by Jan. 1, 2016.

Revised Reporting Requirement
The final rule sets new time requirements for notifying OSHA of reportable events (fatality, inpatient hospitalization, amputation or loss of an eye). A fatality must be reported whether it occurs immediately or if it occurs within 30 days of when the work-related incident took place. An inpatient hospitalization, amputation or loss of an eye is a reportable event only if it takes place within 24 hours of the incident.

OSHA defines an inpatient hospitalization as “a formal admission to the inpatient service of a hospital or clinic for care or treatment.” Hospitalizations for observation or diagnostic testing are not reportable events. An amputation is the traumatic loss of a limb or other external body part. Amputations can be full or partial, and they can happen with or without bone. Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears or broken (or chipped) teeth.
Employers are not required to notify OSHA of a reportable event if the event is the result of a motor vehicle accident on a public street or highway, unless the accident took place in a construction work zone. However, unless partially exempt, employers will need to keep a record of the incident. The same is true for incidents that occur on commercial or public transportation systems.
The reporting clock does not begin until the employer or its agents learn about the reportable event. OSHA offers the following illustration:
If an employee suffers a work-related injury at 9:00 a.m. and dies from that injury at 10:00 a.m., and the employer or the employer’s agent(s) learn of the fatality (the reportable event) at 10:00 a.m., then the employer would be required to report the fatality (the reportable event) to OSHA within eight hours of the fatality (the reportable event) – i.e., 6:00 p.m.
A complete report under the final rule must include:
• The employer’s name;
• The location of the reportable event;
• The time of the reportable event;
• The type of reportable event (fatality, hospitalization, amputation, loss of an eye);
• The number of employees affected by a reportable event;
• The names of all employees affected by a reportable event;
• The employer’s contact person and his or her phone number; and
• A brief description of the work-related incident.

Revised List of Partially Exempt Industries
To create its list of partially exempt industries, OSHA uses data from a three-year sampling period. Industries with a DART rate lower than 75 percent of the average DART for the sampling period are allowed a partial exemption.
Currently this list uses DART rates from the 1996-1998 sampling period. The codes used to classify these industries are from the Standard Industrial Classification (SIC) system.
The new list uses data from the 2007-2009 sampling period. The codes used for the new list match the codes used by the North American Industry Classification System (NAICS). The new list of partially exempt industries allows OSHA to account for changes in the labor market and provides a refreshed perspective on low-hazard industries.

The one exception for the list of low-hazard industries is the “Employment Services” industry (NAICS 5613). This industry is not partially exempt under the new final rule. While the DART rate for this industry is technically under the 75 percentile, many employees within this industry may actually be required to work in non-exempt establishments, such as manufacturing.
Below is the new list of partially exempt industries:
NAICS Code Industry
4412 Other Motor Vehicle Dealers
4431 Electronics and Appliance Stores
4461 Health and Personal Care Stores
4471 Gasoline Stations
4481 Clothing Stores
4482 Shoe Stores
4483 Jewelry, Luggage, and Leather Goods Stores
4511 Sporting Goods, Hobby, and Musical Instrument Stores
4512 Book, Periodical, and Music Stores
4531 Florists
4532 Office Supplies, Stationery, and Gift Stores
4812 Nonscheduled Air Transportation
4861 Pipeline Transportation of Crude Oil
4862 Pipeline Transportation of Natural Gas
4869 Other Pipeline Transportation
4879 Scenic and Sightseeing Transportation, Other
4885 Freight Transportation Arrangement
5111 Newspaper, Periodical, Book, and Directory Publishers
5112 Software Publishers
5121 Motion Picture and Video Industries
5122 Sound Recording Industries
5151 Radio and Television Broadcasting
5172 Wireless Telecommunications Carriers (except Satellite)
5173 Telecommunications Resellers
5179 Other Telecommunications
5181 Internet Service Providers and Web Search Portals
5182 Data Processing, Hosting, and Related Services
5191 Other Information Services
5211 Monetary Authorities – Central Bank
5221 Depository Credit Intermediation
5222 Nondepository Credit Intermediation
5223 Activities Related to Credit Intermediation
5231 Securities and Commodity Contracts Intermediation and Brokerage
5232 Securities and Commodity Exchanges
5239 Other Financial Investment Activities
5241 Insurance Carriers
5242 Agencies, Brokerages, and Other Insurance Related Activities
5251 Insurance and Employee Benefit Funds
5259 Other Investment Pools and Funds
5312 Offices of Real Estate Agents and Brokers
5331 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)
5411 Legal Services
5412 Accounting, Tax Preparation, Bookkeeping, and Payroll Services
5413 Architectural, Engineering, and Related Services
5414 Specialized Design Services
5415 Computer Systems Design and Related Services
5416 Management, Scientific, and Technical Consulting Services
5417 Scientific Research and Development Services
5418 Advertising and Related Services
5511 Management of Companies and Enterprises
5611 Office Administrative Services
5614 Business Support Services
5615 Travel Arrangement and Reservation Services
5616 Investigation and Security Services
6111 Elementary and Secondary Schools
6112 Junior Colleges
6113 Colleges, Universities, and Professional Schools
6114 Business Schools and Computer and Management Training
6115 Technical and Trade Schools
6116 Other Schools and Instruction
6117 Educational Support Services
6211 Offices of Physicians
6212 Offices of Dentists
6213 Offices of Other Health Practitioners
6214 Outpatient Care Centers
6215 Medical and Diagnostic Laboratories
6244 Child Day Care Services
7114 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures
7115 Independent Artists, Writers, and Performers
7213 Rooming and Boarding Houses
7221 Full-Service Restaurants
7222 Limited-Service Eating Places
7224 Drinking Places (Alcoholic Beverages)
8112 Electronic and Precision Equipment Repair and Maintenance
8114 Personal and Household Goods Repair and Maintenance
8121 Personal Care Services
8122 Death Care Services
8131 Religious Organizations
8132 Grantmaking and Giving Services
8133 Social Advocacy Organizations
8134 Civic and Social Organizations
8139 Business, Professional, Labor, Political, and Similar Organizations

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