OSHA’s recent final rule for employers to make and maintain an accurate record of each injury and illness becomes effective January 18th, 2017.
OSHA’s longstanding position has been that an employer’s duty to record an injury or illness continues for the full five-year record-retention period, and this position has been upheld by OSHA since the 1993.
The new final rule more clearly states employers’ obligations. “This rule simply returns us to the standard practice of the last 40 years,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “It is important to keep in mind that accurate records are not just paperwork; they have a valuable and potentially life-saving purpose.”
The amendments in the final rule add no new compliance obligations and do not require employers to make records of any injuries or illnesses for which records are not already required.
These include all the same recordkeeping requirements that have traditionally been in place, including:
· Covered employers must record all work-related injuries and illnesses that result in days away from work, restricted work or transfer to another job, loss of consciousness or medical treatment beyond first aid.
· In addition, employers must record significant work-related injuries or illnesses diagnoses by a physician or other licensed health care professional, work or job transfer, medical treatment beyond first aid, or loss of consciousness.
· Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation.
· Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease (i.e. contact dermatitis), respiratory disorder (i.e. occupational asthma, pneumoconiosis), or poisoning such as lead poisoning, or solvent intoxication.
OSHA’s definition of work-related injuries, illnesses and fatalities are those that an event in the work environment contributed to the condition. In addition, if an exposure in the work environment significantly aggravated a pre-existing injury or illness, this is also considered work-related.
For more information, contact us at Diversified Safety Services.
