Pub. 6 2017-2018 Issue 3

Issue 1. 2018 29 Employers must use this log as a management tool to gauge the nature and frequency of injuries in order to determine corrective measures for accident elimination, and to counsel employees who show up on the accident log on a repeated basis. • Requires records to include any work-related injury or illness resulting in one of the following: death, days away fromwork, restricted work or transfer to another job, medical treatment beyond first-aid, loss of consciousness, or diagnosis of a significant injury or illness by a physician or other licensed health care professional. • Requires a significant degree of aggravation before a preexisting injury or illness becomes recordable. • Requires employers to record cases when injured or ill employees are restricted from their “normal duties,”which are defined as work activities employees regularly perform at least once per week. • You may stop counting days of restricted work activity or days away fromwork once the total of either or the combination of both reaches 180 days. • Focus on days away or days restricted or transferred. Rules rely on calendar days instead of workdays! • Requires employers to establish a procedure for employees to report injuries and illnesses and to tell their employees how to report. Employers are prohibited from discriminating against employees who report. Employee representatives will have access to those parts of OSHA Form 301 relevant to the employees they represent. • Protects employee privacy by (1) prohibiting employers fromentering an individual’s name on Form 300 for certain types of injuries or illnesses (i.e. sexual assault, HIV infection, mental illness, etc.); (2) providing employers the right not to describe the nature of sensitive injuries in which the employees’identity would be known; (3) giving employee representatives access only to the portion of Form 301 which contains no personal identifiers; and (4) requiring employers to remove employees’names before providing the data to persons not provided access rights under the rule. • Requires the annual summary to be posted from February 1 to April 30 in the following year. Requires certification of the summary by a company executive. Cal/OSHA v. Fed-OSHA Reporting Guidelines: An employee trips in the service driveway of your dealership during normal course of business and seeks medical treatment. Employee comes back to work the next day, but continues treatment of physiotherapy and medication. After 6months, theMD states that only surgery can cure the knee problem and the employee proceeds with knee surgery. The issue is whether this knee accident is now Cal/OSHA reportable as a serious injury accident. On the other hand, you must only report to Fed-OSHA if a fatality occurs within thirty 30 days of the work-related incident. For an in-patient hospitalization, amputation, or loss of an eye, you must only report the event to OSHA if it occurs within 24 hours of the work-related incident. Electronic Recordkeeping Submission: Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records must electronically submit information fromOSHA Forms 300 — Log of Work-Related Injuries and Illnesses, 300A — Summary of Work-Related Injuries and Illnesses, and 301— Injury and Illness Incident Report. See https://www.osha.gov/Publications/OSHA3862.pdf. Information from www.osha.gov was used to prepare part of this newsletter. Employers must consult their lawyer for legal matters and safety consultants for matters related to safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA & OSHA regulations since 1987. Sam received his BE (1984) and MS (1986) in Chemical Engineering followed by a J.D. from Southwestern University School of Law (1997). Our newsletters can be accessed at www.epaoshablog. com . Your comments/questions are always welcome. Please send them to sam@cellyservices.com . Sam Celly, BChE MChE JD CSP Celly Services, Inc. Member CNCDA, OCADA, NCDA, SMCDA, ACS & AIHA 444 West Ocean Blvd., Suite 1402 Long Beach, CA 90802-4517 Phone: 562.704.4000 Direct: 562.716.6100 Email: sam@cellyservices.com SERVING THE AUTOMOTIVE INDUSTRY FOR OVER 30 YEARS • Illness & Injury Prevention • Safety Inspection & Training • Spill Prevention, Control, Countermeasures • Newsletters on Emerging EPA/ OSHA Issues • Hazardous Waste Management • Haz Mat Release Response • Respiratory Protection • Hazardous Waste Cost Recovery • Representation in OSHA Enforcement Cases • Phase 1 Environmental Assessment • Regulatory Permits & Reporting