#recordkeeping Archives - McCraren Compliance

BLS: Nonfatal workplace injuries and illnesses rose in 2022

Posted on November 8, 2023November 14, 2023 by McCraren Compliance

Washington — The number of reported workplace injuries and illnesses in the U.S. private sector increased in 2022, data released Nov. 8 by the Bureau of Labor Statistics shows.

Workers in private industry experienced an estimated 2.8 million nonfatal injuries and illnesses last year. That’s up from slightly more than 2.6 million in 2021. The 2022 total includes more than 2.3 million injuries and nearly 461,000 illnesses.

Nonfatal workplace injuries increased by more than 100,000 for the second year in a row. The 2.3 million injuries are fewer, however, than the roughly 2.7 million injuries reported in both 2019 and 2018.

The rate of nonfatal injuries remained steady at 2.3 per 100 full-time equivalent workers.

The number of illnesses recorded increased by nearly 100,000 from 2021, largely because of a rise in respiratory illnesses. Around 365,000 respiratory illnesses were reported in 2022, representing almost 80% of all workplace illnesses.

That’s up from nearly 270,000 respiratory illnesses in 2021. However, those numbers are both down from the nearly 429,000 respiratory illnesses reported in 2020 – the beginning of the COVID-19 pandemic.

By contrast, 10,800 workplace respiratory illnesses were recorded in 2019 and 12,100 in 2018.

Other 2022 data highlights:

Among industry groups, health care and social assistance had the highest number of recordable cases (665,300). Retail trade (422,700) and manufacturing (396,800) followed.
Transportation and warehousing had the highest rate of recordable cases at 4.8 per 100 FTE workers. Health care and social assistance (4.5) was No. 2, followed by arts, entertainment and recreation (4.2).

The data release is the first of two annual reports from BLS. The second, scheduled to be released Dec. 19, will highlight Census of Fatal Occupational Injuries findings.

McCraren Compliance offers a full range of safety and health training and consulting services. Plus we can help you incorporate well-being into your traditional systems in order to support the Total Worker Health of your workforce.

Call 888-758-4757, email info@mccrarencompliance.com or visit our website www.mccrarencompliance.com

Original article published by Safety+Health an NSC publication

Injury and illness rates in warehouses are too high, OIG tells OSHA

Posted on October 2, 2023October 3, 2023 by McCraren Compliance

Washington — OSHA hasn’t “effectively addressed” elevated injury and illness rates in the warehousing industry, the Department of Labor Office of the Inspector General contends.

A recent DOL OIG audit, the results of which were released Sept. 27, sought to answer the question: “To what extent has OSHA addressed high injury and illness rates at warehouses (before and during the COVID-19 pandemic)?” The oversight agency analyzed injury, illness, complaint and inspection data from October 2016 through 2021; interviewed OSHA personnel; and reviewed OSHA guidance and standards.

OIG says the injury and illness rate in 2021 was 5.5 per 100 employees – “more than double the rate across all industries” – and 5.1 per 100 employees during the audit period. The audit revealed that OSHA conducted nearly 3,800 inspections in the industry, covering 4.1% of establishments self-classified as warehouses. OIG also found that 82% of those inspections were unprogrammed, primarily stemming from referrals or complaints.

OIG makes seven recommendations to OSHA:

Update the criteria for the number of establishments to be included in the Site-Specific Targeting Program’s universes to better reflect industry growth and the number of eligible establishments nationwide.
Develop specific, measurable inspection goals for the Site-Specific Targeting Program, including a baseline for the number of inspections in each Site-Specific Targeting category, and periodically monitor progress toward those goals.
Develop a more effective enforcement strategy to improve employer Form 300A compliance.
Assess Form 300A data categories and gather more specific supporting information about injuries to better identify the count and type of injuries reported, such as musculoskeletal disorders.
Develop improved Form 300A data analyses to better identify trends among industries and establishments.
Develop specific measurable inspection goals for the warehousing National Emphasis Program, including a baseline for the number of inspections to complete and periodically monitor progress toward those goals. Ensure the goals contain metrics that demonstrate the outcomes of the program.
Issue specific training to address the training components of the warehouse National Emphasis Program.

OSHA administrator Doug Parker pushed back on OIG’s conclusions, saying the audit was based on a limited set of data points that “do not account for important contextual factors.” The audit, he continues, also didn’t consider the overall impacts on worker safety across multiple industries while attempting to make “broad policy judgments” that “go well beyond OIG’s expertise.”

Parker writes: “OSHA recognizes a need to increase the effectiveness of our enforcement activities to protect workers from the unacceptable injury rates in the warehousing and related sectors. OSHA not only disagrees with the OIG’s report but is frustrated and disappointed with the OIG’s conclusions. The OIG’s methodology and reasoning are flawed and do not result in recommendations that would strengthen OSHA’s enforcement efforts.”

Finally, he contends that the audit process was a “missed opportunity to work collaboratively” with OSHA personnel on enforcement programs in the sector.

Call 888-758-4757, email info@mccrarencompliance.com or visit our website www.mccrarencompliance.com

Original article published by Safety+Health an NSC publication

OSHA rule expanding submission requirements for injury, illness data provided by employers in high-hazard industries

Posted on July 17, 2023July 17, 2023 by McCraren Compliance

Final rule takes effect Jan. 1, 2024, for certain employers

WASHINGTON – The U.S. Department of Labor today announced a final rule that will require certain employers in designated high-hazard industries to electronically submit injury and illness information – that they are already required to keep – to the department’s Occupational Safety and Health Administration.

The final rule takes effect on Jan. 1, 2024, and now includes the following submission requirements:

Establishments with 100 or more employees in certain high-hazard industries must electronically submit information from their Form 300-Log of Work-Related Injuries and Illnesses, and Form 301-Injury and Illness Incident Report to OSHA once a year. These submissions are in addition to submission of Form 300A-Summary of Work-Related Injuries and Illnesses.
To improve data quality, establishments are required to include their legal company name when making electronic submissions to OSHA from their injury and illness records.

OSHA will publish some of the data collected on its website to allow employers, employees, potential employees, employee representatives, current and potential customers, researchers and the general public to use information about a company’s workplace safety and health record to make informed decisions. OSHA believes that providing public access to the data will ultimately reduce occupational injuries and illnesses.

“Congress intended for the Occupational Safety and Health Act to include reporting procedures that would provide the agency and the public with an understanding of the safety and health problems workers face, and this rule is a big step in finally realizing that objective,” explained Assistant Secretary for Occupational Safety and Health Doug Parker. “OSHA will use these data to intervene through strategic outreach and enforcement to reduce worker injuries and illnesses in high-hazard industries. The safety and health community will benefit from the insights this information will provide at the industry level, while workers and employers will be able to make more informed decisions about their workplace’s safety and health.”

The final rule retains the current requirements for electronic submission of information from Form 300A from establishments with 20-249 employees in certain high-hazard industries and from establishments with 250 or more employees in industries that must routinely keep OSHA injury and illness records.

The announcement follows proposed amendments announced in March 2022 to regulations for requiring specific establishments in certain high-hazard industries to electronically submit information from their Log of Work-Related Injuries and Illnesses, and Injury and Illness Incident Report.

Learn more about OSHA and its injury and illness recordkeeping and reporting requirements.

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

Original article published by OSHA

Lockout/Tagout update now “long-term” action in latest regulatory agenda

Posted on June 19, 2023June 19, 2023 by McCraren Compliance

Washington — A planned update to OSHA’s Lockout/Tagout standard (1910.147) has been pushed to “long-term actions” under the Department of Labor’s Spring 2023 regulatory agenda.

The move is one of a handful of changes in the latest agenda, published June 14 by the White House Office of Information and Regulatory Affairs.

OSHA lists an August 2024 target date for a notice of proposed rulemaking regarding the Lockout/Tagout update, but those dates are often tentative. The updated rule is expected to incorporate technological advances in the control of hazardous energy.

The agency also pushed its rule on Shipyard Fall Protection (1915.71) to “long-term actions,” with an NPRM expected no earlier than November 2024.

OSHA currently has two final rules under OIRA review – one of the final stages in the rulemaking process. One rule, Occupational Exposure to COVID-19 in Health Care Settings (1910.501), has been under review since Dec. 7.

The other, under review since April 7, is a revised rule on injury and illness data submission (1904.41). The agency seeks to require establishments with 100 or more employees in high-hazard industries to annually submit injury and illness data from the more detailed Forms 300 and 301, in addition to Form 300A. Establishments in those same industries with 20 to 99 employees would need to submit only Form 300A. In addition, OSHA would end the electronic reporting requirement for establishments with 250 or more employees that aren’t on the list of high-hazard industries. The agency also would update its classification system that determines which industries are covered under its electronic reporting requirements, as well as require establishments to include a company name when submitting data to the agency.

OSHA issued one final rule in the past six months, one concerning whistleblower provisions under the Taxpayer First Act of 2019, which went into effect in March. The agency also issued an interim final rule in February on whistleblower provisions under the Criminal Antitrust Anti-Retaliation Act of 2019.

The agency rescinded its proposed rule to revoke Arizona State Plan status in February.

OSHA’s revised rule on injury and illness data submission undergoing final review

Posted on April 20, 2023 by McCraren Compliance

Original article published by Safety+Health

Washington — OSHA’s changes to which workplaces are required to submit annual injury and illness data are undergoing final review, according to an Office of Information and Regulatory Affairs dashboard.

OSHA currently requires electronic submissions of Form 300A – a yearly summary of injury and illnesses data – for establishments with 250 or more employees and those with 20 to 249 employees in certain high-hazard industries.

The agency wants to require establishments with 100-plus employees in high-hazard industries to submit injury and illness data from the more detailed Forms 300 and 301, in addition to Form 300A, each year. Establishments in those same industries with 20 or more employees would need to submit only Form 300A under the proposal.

OSHA has also proposed to end the electronic reporting requirement for establishments with 250-plus employees that aren’t on the list of high-hazard industries. Additionally, the agency is seeking to update its classification system that determines which industries are covered under its electronic reporting requirements and to require establishments to include a company name when submitting data to the agency.

“As part of OSHA’s mission to protect workers and mitigate workplace hazards, this rule would improve OSHA’s ability to use its enforcement and compliance assistance resources to identify workplaces where workers are at high risk,” the agency said in a March 2022 press release.

It’s unclear how long the review will take. OSHA’s permanent standard on COVID-19 for health care workers has been under review since Dec. 7. A proposed rule on personal protective equipment in construction needed seven months for its review and has yet to appear in the Federal Register.

US Department of Labor’s Occupational Safety and Health Administration releases 2022 injury and illness data

Posted on April 3, 2023April 4, 2023 by McCraren Compliance

Original article published by OSHA

Photo: U.S. Department of Labor

Agency continues effort to increase employer compliance

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration has published 2022 injury and illness data based on reports by more than 300,000 establishments. The Injury Tracking Application data is part of OSHA’s electronic recordkeeping requirements for certain employers who were required to submit OSHA Form 300A information from Jan. 2 to March 2, 2023.

Providing access to injury and illness data helps identify unsafe conditions and workplace hazards that may cause occupational injuries and illness. Knowing about those hazards is the first step to control them and reduce occupational injuries and illnesses. This data also provides employers, workers, and the public with valuable insights so they can make informed decisions. OSHA also expects the information to improve research on the occurrence, prevention and control of workplace hazards, injuries and illnesses.

“Recordkeeping is a valuable tool that provides a road map to where and why injuries and illnesses occur and where improvements are needed,” said Assistant Secretary of Labor for Occupational Safety and Health Doug Parker. “By increasing access to this data, we are providing information that can help people better understand the overall effectiveness of safety and health systems in the workplace.”

Over the last year, OSHA conducted extensive outreach through website updates, social media outreach and stakeholder emails to help employers understand their obligations and submit 2021 data. As part of its continued recordkeeping enforcement efforts, OSHA will work to identify establishments that failed to submit their 2022 Form 300A data.

Annual electronic submissions are required from establishments with 250 or more employees currently required to keep OSHA injury and illness records, and establishments with 20-249 employees classified in specific industries with historically high rates of occupational injuries and illnesses. Not all establishments need to submit Form 300A data.

Establishments that are required to submit injury and illness data electronically, and have not yet done so, must submit their Form 300A to the ITA.

Learn more about OSHA’s injury and illness recordkeeping and reporting requirements.

OSHA to employers: Injury and illness reporting period nearing

Posted on December 20, 2022January 3, 2023 by McCraren Compliance

Original article published by Safety+Health

Photo: OSHA

Washington — OSHA is reminding employers of the upcoming window to submit 2022 Form 300A data.

Between Jan. 2 and March 2, establishments with 250 or more employees and those with 20-249 employees in certain high-hazard industries must electronically submit Form 300A – a yearly summary of injury and illnesses data. The data can be submitted in three ways via the Injury Tracking Application website:

Manually
By uploading a CSV (comma-separated values) file to add multiple establishments at the same time
Via an application programming interface

Be advised: New login procedures, using Login.gov, went into effect in October. OSHA has a how-to video that explains the account creation process.

OSHA – Electronic reporting deadline approaching

Posted on January 12, 2022January 14, 2022 by McCraren Compliance

First published by OSHA

US Department of Labor reminds specific employers to submit
required 2021 injury, illness data by March 2, 2022

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration reminds employers that the agency began collecting calendar year 2021 Form 300A data on Jan. 2, 2022. Employers must submit the form electronically by March 2, 2022.

Electronic submissions are required by establishments with 250 or more employees currently required to keep OSHA injury and illness records, and establishments with 20-249 employees classified in specific industries with historically high rates of occupational injuries and illnesses.

Visit the Injury Tracking Application Electronic Submission of Injury and Illness Records to OSHA for more information and a link to the Injury Tracking Application.

OSHA considers revoking Arizona’s State Plan status

Posted on December 15, 2021December 15, 2021 by McCraren Compliance

First published by Safety+Health an NSC publication

Photo: OSHA

The Department of Labor’s regulatory agenda for Fall 2021, released Dec. 10, includes a proposed rule that – should OSHA decide to move forward on it – would revoke Arizona’s State Plan status.

The agenda – issued by the Office of Information and Regulatory Affairs twice a year – provides the status of and projected dates for all potential regulations listed in three stages: pre-rule, proposed rule and final rule. Listings marked “long term” aren’t expected to be worked on for at least six months.

Arizona is the lone state that hasn’t issued an emergency temporary standard on COVID-19 for health care workers. OSHA published its ETS in June, and State Plan states had 30 days to adopt their own standard.

Arizona, South Carolina and Utah didn’t meet that deadline. The latter two states, however, have since issued an ETS after federal OSHA reportedly sent “courtesy letters” to notify them of the agency’s intent to begin the revocation process.

The Occupational Safety and Health Act of 1970 permits OSHA to grant approval to states that want to manage their own workplace safety and health program. One stipulation for approval, however, is that the states’ safety standards are “at least as effective” as federal standards. State standards can be stricter than federal OSHA’s standards but not weaker.

Should Arizona’s State Plan status be revoked, the state would go back to an “initial approval” status, and federal OSHA would share enforcement duties with the state, or “concurrent enforcement.”

Former OSHA Deputy Assistant Secretary Jordan Barab noted on his website, Confined Space, that Arizona’s public employees would lose OSHA coverage if federal OSHA takes over the State Plan.

This may not come to fruition, however, because the Industrial Commission of Arizona has moved forward with an ETS for health care workers, an ICA official told Safety+Health. The state has filed a “rulemaking packet” with its attorney general’s office. That’s one of the final steps in the state’s emergency rulemaking, according to the Arizona Rulemaking Manual. Read More»

COVID-19 and OSHA recordkeeping

Posted on November 15, 2021 by McCraren Compliance

First published by Safety+Health an NSC publication

Photo: Centers for Disease Control and Prevention

Many employers have questions about OSHA’s recordkeeping requirements – and the criteria for recordability – regarding COVID-19.

This is especially true when trying to determine whether a case is work-related.

Under the agency’s recordkeeping requirements, COVID-19 is a recordable illness, which means employers are responsible for recording cases of COVID-19 if the case:

Is confirmed to be COVID-19.
Is work-related, as defined by 1904.5.
Involves one or more of the general recording criteria set forth in 1904.7.

First, the case must be a confirmed as COVID-19. This means the employee must test positive using one of the testing methods approved by the Food and Drug Administration.

Next, the case must be work-related, as defined by 1904.5. According to the regulation, “work-related” means that an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a preexisting injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in 1904.5(b)(2) specifically applies (see 1904.5).

OSHA defines the work environment as “the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work.”

Lastly, the case involves one or more of the general recording criteria set forth in 1904.7, as follows:

“You must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. You must also consider a case to meet the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.”

Tag: #recordkeeping