PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-16-144, on August 1, 2001.
Title of Rule: Recordkeeping and reporting, chapter 296-27 WAC.
Purpose: The Federal Register, Volume 66, No. 13, January 19, 2001, adopted an OSHA final rule to amend 29 C.F.R. 1904 and 1952. The rule completely revises recordkeeping and reporting requirements for occupational injury and illness.
These revisions incorporate mandated federal requirements.
Those sections of chapter 296-27 WAC that described earlier requirements will be repealed concurrent with the publication of new WAC sections that establish substantially identical federal recordkeeping and reporting requirements.
NEW SECTIONS:
WAC 296-27-00101 Purpose and Scope.
| | Provides the purpose and scope of the rule. |
| | Outlines exemptions from reporting requirements due to number of employees. |
| | Provides exemptions for reporting requirements by industry code. |
| | Answers questions for those employers who are required to keep records by an agency other than OSHA. |
| | Specifies other federal agencies that may require recordkeeping. |
| | Generally, describes the work-related injuries and illnesses for which records must be kept and reported. |
| | Provides specific criteria for recording injuries and illnesses. |
| | Assists in determining if an injury or illness is work related. |
| | Outlines criteria for the determination of a "new" case (as distinguished from an existing case). |
| | Provides general injury or illness recording criteria. |
| | Provides specific criteria for needlestick and sharps injuries recording requirements. |
| | Gives specific guidance regarding an employee who has been medically removed due to medical surveillance requirements. |
| | Provided specific criteria for cases involving hearing loss. |
| | Provides specific criteria for cases involving tuberculosis. |
| | Provided specific criteria for cases involving musculoskeletal disorders. |
| | Provides specific guidance on what forms must be completed and how. |
| | Answers a variety of questions not elsewhere addressed. |
| | Provides guidance for employers who have multiple business establishments. |
| | Gives specific guidance on who is considered an employee. |
| | Outlines criteria for completion of an annual summary of illnesses and injuries. |
| | Tells how the OSHA forms 300 and 301 must be retained and updated. |
| | Describes what happens to records when a business ownership changes. |
| | Specifies employee involvement in recordkeeping and reporting. |
| | Outlines acts which are considered discriminatory and prohibited. |
| | Gives the process for variance requests. |
| | Tells employers when and to whom fatality, injury and illness reports must be made. |
| | Outlines when and to whom records must be provided. |
| | Advises employers about the OSHA Injury or Illness Survey. |
| | Advises employers of their obligation to provide statistical data to the BLS when requested. |
WAC 296-27-04101 Summary and posting of the 2001 data.
| | Establishes posting requirements for year 2001. |
| | Tells how forms must be kept and updated. |
WAC 296-27-05101 Definitions.
| | Provides definitions applicable to this section. |
Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, and [49.17].050.
Statute Being Implemented: Chapter 49.17 RCW.
Summary: See Purpose above.
Reasons Supporting Proposal: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, (360) 902-5495.
Name of Proponent: Department of Labor and Industries, governmental.
Rule is necessary because of federal law, 29 C.F.R. 1904.4, 29 C.F.R. 1904.5, 29 C.F.R. 1904.6, 29 C.F.R. 1904.7, 29 C.F.R. 1904.10, 29 C.F.R. 1904.12.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The amendments to chapter 296-27 WAC are exempt from RCW 34.05.328 because the proposed changes adopts or incorporates without material changes, federal regulations (RCW 34.05.328 (5)(b)(iii). Therefore, an evaluation of probable benefits and costs of the rule amendments is not necessary.
RCW 34.05.328 does not apply to this rule adoption. The amendments to chapter 296-27 WAC are exempt from RCW 34.05.328 because the proposed changes adopts or incorporates without material changes, federal regulations (RCW 34.05.328 (5)(b)(iii). Therefore, an evaluation of probable benefits and costs of the rule amendments is not necessary.
Hearing Location: Department of Labor and Industries Building, Room S119, 7273 Linderson Way S.W., Tumwater, WA, on October 31, 2001, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Sally Elliott by October 29, 2001, at (360) 902-5484.
Submit Written Comments to: Jim Hughes, Project Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98507-4620, by 5:00 p.m., November 2, 2001. In addition to written comments, the department will accept comments submitted to fax (360) 902-5529 and via e-mail hugw235@lni.wa.gov. Comments submitted by fax must be ten pages or less.
Date of Intended Adoption: November 21, 2001.
September 19, 2001
Gary Moore
Director
OTS-5182.1
NEW SECTION
WAC 296-27-00101
Purpose and scope.
(1) Purpose. The
purpose of this standard is to require employers to record and
report work-related fatalities, injuries and illnesses.
| Note 1: | Recording or reporting a work-related injury, illness, or fatality does not mean that the employer or employee was at fault, that a rule has been violated, or that the employee is eligible for workers' compensation or other benefits. |
| Note: | The recordkeeping and reporting requirements of this chapter are separate and distinct from the recordkeeping and reporting requirements under Title 51 RCW (the Industrial Insurance Act) unless otherwise noted in this chapter. |
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(a) If your company had ten or fewer employees at all times during the last calendar year, you do not need to keep injury and illness records unless WISHA, OSHA, or the BLS informs you in writing that you must keep records under this section. However, as required by WAC 296-27-03101, all employers covered by the WISH Act must report any workplace incident that results in a fatality or the hospitalization of two or more employees.
(b) If your company had more than ten employees at any time during the last calendar year, you must keep injury and illness records unless your establishment is classified as a partially exempt industry under WAC 296-27-00105.
(2) Implementation.
(a) Is the partial exemption for size based on the size of my entire company or on the size of an individual business establishment? The partial exemption for size is based on the number of employees in the entire company.
(b) How do I determine the size of my company to find out if I qualify for the partial exemption for size? To determine if you are exempt because of size, you need to determine your company's peak employment during the last calendar year. If you had no more than ten employees at any time in the last calendar year, your company qualifies for the partial exemption for size.
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(a) If your business establishment is classified in a specific low hazard retail, service, finance, insurance or real estate industry listed in Appendix A to this Subpart A, you do not need to keep injury and illness records unless WISHA, OSHA, or the BLS asks you to keep the records under WAC 296-27-03105 or 296-27-03107. However, all employers must report any workplace incident that results in a fatality or the hospitalization of two or more employees (see WAC 296-800-32005).
(b) If one or more of your company's establishments are classified in a nonexempt industry, you must keep injury and illness records for all of such establishments unless your company is partially exempted because of size under WAC 296-27-00103.
(2) Implementation.
(a) Does the partial industry classification exemption apply only to business establishments in the retail, services, finance, insurance or real estate industries (SICs 52-89)? Yes, business establishments classified in agriculture; mining; construction; manufacturing; transportation; communication, electric, gas and sanitary services; or wholesale trade are not eligible for the partial industry classification exemption.
(b) Is the partial industry classification exemption based on the industry classification of my entire company or on the classification of individual business establishments operated by my company? The partial industry classification exemption applies to individual business establishments. If a company has several business establishments engaged in different classes of business activities, some of the company's establishments may be required to keep records, while others may be exempt.
(c) How do I determine the Standard Industrial Classification code for my company or for individual establishments? You determine your Standard Industrial Classification (SIC) code by using the Standard Industrial Classification manual, Executive Office of the President, Office of Management and Budget. You may contact your local L&I office for help in determining your SIC.
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See Table "1" at the end of this document.
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Is work-related;
Is a new case; and
Meets one or more of the general recording criteria of WAC 296-27-01107 or the application to specific cases of WAC 296-27-01109 through 296-27-01117.
(2) Implementation.
(a) What sections of this rule describe recording criteria for recording work-related injuries and illnesses? The table below indicates which sections of the rule address each topic.
(i) Determination of work-relatedness. See WAC 296-27-01103.
(ii) Determination of a new case. See WAC 296-27-01105.
(iii) General recording criteria. See WAC 296-27-01107.
(iv) Additional criteria. (Needlestick and sharps injury cases, tuberculosis cases, hearing loss cases, medical removal cases, and musculoskeletal disorder cases). See WAC 296-27-01109 through 296-27-01117.
(b) How do I decide whether a particular injury or illness is recordable? The decision tree for recording work-related injuries and illnesses below shows the steps involved in making this determination.
Insert illustration from page 6124 of Federal Register, Vol. 66, No. 13, dated January 19, 2001.
(c) May I be required to keep other records or report additional information? Yes, the director may require that additional records be kept or additional information reported to achieve the purpose of the WISH Act.
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(2) Implementation.
(a) What is the "work environment"? Work environment is defined 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."
(b) Are there situations where an injury or illness occurs in the work environment and is not considered work-related? Yes, an injury or illness occurring in the work environment that falls under one of the following exceptions is not work-related, and therefore is not recordable.
You are not required to record injuries and illnesses if:
At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee.
The injury or illness involves signs or symptoms that surface at work but result solely from a nonwork-related event or exposure that occurs outside the work environment.
The injury or illness results solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity such as blood donation, physical examination, flu shot, exercise class, racquetball, or baseball.
The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for personal consumption (whether bought on the employer's premises or brought in). For example, if the employee is injured by choking on a sandwich while in the employer's establishment, the case would not be considered work-related. Note: If the employee is made ill by ingesting food contaminated by workplace contaminants (such as lead), or gets food poisoning from food supplied by the employer, the case would be considered work-related.
The injury or illness is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee's assigned working hours.
The injury or illness is solely the result of personal grooming, self medication for a nonwork-related condition, or is intentionally self-inflicted.
The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work.
The illness is the common cold or flu. (Note: Contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are considered work-related if the employee is infected at work.)
The illness is a mental illness. Mental illness will not be considered work-related unless the employee voluntarily provides the employer with an opinion from a physician or other licensed health care professional with appropriate training and experience (psychiatrist, psychologist, psychiatric nurse practitioner, etc.) stating that the employee has a mental illness that is work-related.
(c) How do I handle a case if it is not obvious whether the precipitating event or exposure occurred in the work environment or occurred away from work? In these situations, you must evaluate the employee's work duties and environment to decide whether or not one or more events or exposures in the work environment either caused or contributed to the resulting condition or significantly aggravated a preexisting condition.
(d) How do I know if an event or exposure in the work environment "significantly aggravated" a preexisting injury or illness? A preexisting injury or illness has been significantly aggravated, for purposes of injury and illness recordkeeping, when an event or exposure in the work environment results in any of the following:
Death, provided that the preexisting injury or illness would likely not have resulted in death but for the occupational event or exposure.
Loss of consciousness, provided that the preexisting injury or illness would likely not have resulted in loss of consciousness but for the occupational event or exposure.
One or more days away from work, or days of restricted work, or days of job transfer that otherwise would not have occurred but for the occupational event or exposure.
Medical treatment in a case where no medical treatment was needed for the injury or illness before the workplace event or exposure, or a change in medical treatment was necessitated by the workplace event or exposure.
(e) Which injuries and illnesses are considered preexisting conditions? An injury or illness is a preexisting condition if it resulted solely from a nonwork-related event or exposure that occurred outside the work environment.
(f) How do I decide whether an injury or illness is work-related if the employee is on travel status at the time the injury or illness occurs? Injuries and illnesses that occur while an employee is on travel status are work-related if, at the time of the injury or illness, the employee was engaged in work activities "in the interest of the employer." Examples of such activities include travel to and from customer contacts, conducting job tasks, and entertaining or being entertained to transact, discuss, or promote business (work-related entertainment includes only entertainment activities being engaged in at the direction of the employer).
Injuries or illnesses that occur when the employee is on travel status do not have to be recorded if they meet one of the exceptions listed below.
| If the employee has: | You may use the following to determine if an injury or illness is work-related. |
| Checked into a hotel or motel for one or more days | When a traveling employee checks in to a hotel, motel, or into another temporary residence, he or she establishes a "home away from home." You must evaluate the employee's activities after he or she checks into the hotel, motel, or other temporary residence for their work-relatedness in the same manner as you evaluate the activities of a nontraveling employee. When the employee checks into the temporary residence, he or she is considered to have left the work environment. When the employee begins work each day, he or she reenters the work environment. If the employee has established a "home away from home" and is reporting to a fixed worksite each day, you also do not consider injuries or illnesses work-related if they occur while the employee is commuting between the temporary residence and the job location. |
| Taken a detour for personal reasons | Injuries or illnesses are not considered work-related if they occur while the employee is on a personal detour from a reasonably direct route of travel (e.g., has taken a side trip for personal reasons). |
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(a) The employee has not previously experienced a recorded injury or illness of the same type that affects the same part of the body; or
(b) The employee previously experienced a recorded injury or illness of the same type that affected the same part of the body but had recovered completely (all signs and symptoms had disappeared) from the previous injury or illness and an event or exposure in the work environment caused the signs or symptoms to reappear.
(2) Implementation.
(a) When an employee experiences the signs or symptoms of a chronic work-related illness, do I need to consider each recurrence of signs or symptoms to be a new case? No, for occupational illnesses where the signs or symptoms may recur or continue in the absence of an exposure in the workplace, the case must only be recorded once. Examples may include occupational cancer, asbestosis, byssinosis and silicosis.
(b) When an employee experiences the signs or symptoms of an injury or illness as a result of an event or exposure in the workplace, such as an episode of occupational asthma, must I treat the episode as a new case? Yes, because the episode or recurrence was caused by an event or exposure in the workplace, the incident must be treated as a new case.
(c) May I rely on a physician or other licensed health care professional to determine whether a case is a new case or a recurrence of an old case? You are not required to seek the advice of a physician or other licensed health care professional. However, if you do seek such advice, you must follow the physician or other licensed health care professional's recommendation about whether the case is a new case or a recurrence. If you receive recommendations from two or more physicians or other licensed health care professionals, you must make a decision as to which recommendation is the most authoritative (best documented, best reasoned, or most authoritative), and record the case based upon that recommendation.
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(2) Implementation.
(a) How do I decide if a case meets one or more of the general recording criteria? A work-related injury or illness must be recorded if it results in one or more of the following:
(i) Death. See (b) of this subsection.
(ii) Days away from work. See (c) of this subsection.
(iii) Restricted work or transfer to another job. See (d) of this subsection.
(iv) Medical treatment beyond first aid. See (e) of this subsection.
(v) Loss of consciousness. See (f) of this subsection.
(vi) A significant injury or illness diagnosed by a physician or other licensed health care professional. See (g) of this subsection.
(b) How do I record a work-related injury or illness that results in the employee's death? You must record an injury or illness that results in death by entering a check mark on the OSHA 300 Log in the space for cases resulting in death. You must also report any work-related fatality to OSHA within eight hours, as required by WAC 296-27-03101.
(c) How do I record a work-related injury or illness that results in days away from work? When an injury or illness involves one or more days away from work, you must record the injury or illness on the OSHA 300 Log with a check mark in the space for cases involving days away and an entry of the number of calendar days away from work in the number of days column. If the employee is out for an extended period of time, you must enter an estimate of the days that the employee will be away, and update the day count when the actual number of days is known.
(i) Do I count the day on which the injury occurred or the illness began? No, you begin counting days away on the day after the injury occurred or the illness began.
(ii) How do I record an injury or illness when a physician or other licensed health care professional recommends that the worker stay at home but the employee comes to work anyway? You must record these injuries and illnesses on the OSHA 300 Log using the check box for cases with days away from work and enter the number of calendar days away recommended by the physician or other licensed health care professional. If a physician or other licensed health care professional recommends days away, you should encourage your employee to follow that recommendation. However, the days away must be recorded whether the injured or ill employee follows the physician or licensed health care professional's recommendation or not. If you receive recommendations from two or more physicians or other licensed health care professionals, you may make a decision as to which recommendation is the most authoritative, and record the case based upon that recommendation.
(iii) How do I handle a case when a physician or other licensed health care professional recommends that the worker return to work but the employee stays at home anyway? In this situation, you must end the count of days away from work on the date the physician or other licensed health care professional recommends that the employee return to work.
(iv) How do I count weekends, holidays, or other days the employee would not have worked anyway? You must count the number of calendar days the employee was unable to work as a result of the injury or illness, regardless of whether or not the employee was scheduled to work on those day(s). Weekend days, holidays, vacation days or other days off are included in the total number of days recorded if the employee would not have been able to work on those days because of a work-related injury or illness.
(v) How do I record a case in which a worker is injured or becomes ill on a Friday and reports to work on a Monday, and was not scheduled to work on the weekend? You need to record this case only if you receive information from a physician or other licensed health care professional indicating that the employee should not have worked, or should have performed only restricted work, during the weekend. If so, you must record the injury or illness as a case with days away from work or restricted work, and enter the day counts, as appropriate.
(vi) How do I record a case in which a worker is injured or becomes ill on the day before scheduled time off such as a holiday, a planned vacation, or a temporary plant closing? You need to record a case of this type only if you receive information from a physician or other licensed health care professional indicating that the employee should not have worked, or should have performed only restricted work, during the scheduled time off. If so, you must record the injury or illness as a case with days away from work or restricted work, and enter the day counts, as appropriate.
(vii) Is there a limit to the number of days away from work I must count? Yes, you may "cap" the total days away at one hundred eighty calendar days. You are not required to keep track of the number of calendar days away from work if the injury or illness resulted in more than one hundred eighty calendar days away from work and/or days of job transfer or restriction. In such a case, entering one hundred eighty in the total days away column will be considered adequate.
(viii) May I stop counting days if an employee who is away from work because of an injury or illness retires or leaves my company? Yes, if the employee leaves your company for some reason unrelated to the injury or illness, such as retirement, a plant closing, or to take another job, you may stop counting days away from work or days of restriction/job transfer. If the employee leaves your company because of the injury or illness, you must estimate the total number of days away or days of restriction/job transfer and enter the day count on the 300 Log.
(ix) If a case occurs in one year but results in days away during the next calendar year, do I record the case in both years? No, you only record the injury or illness once. You must enter the number of calendar days away for the injury or illness on the OSHA 300 Log for the year in which the injury or illness occurred. If the employee is still away from work because of the injury or illness when you prepare the annual summary, estimate the total number of calendar days you expect the employee to be away from work, use this number to calculate the total for the annual summary, and then update the initial log entry later when the day count is known or reaches the one hundred eighty day cap.
(d) How do I record a work-related injury or illness that results in restricted work or job transfer? When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the OSHA 300 Log by placing a check mark in the space for job transfer or restriction and an entry of the number of restricted or transferred days in the restricted workdays column.
(i) How do I decide if the injury or illness resulted in restricted work? Restricted work occurs when, as the result of a work-related injury or illness:
You keep the employee from performing one or more of the routine functions of his or her job, or from working the full workday that he or she would otherwise have been scheduled to work; or
A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of his or her job, or not work the full workday that he or she would otherwise have been scheduled to work.
(ii) What is meant by "routine functions"? For recordkeeping purposes, an employee's routine functions are those work activities the employee regularly performs at least once per week.
(iii) Do I have to record restricted work or job transfer if it applies only to the day on which the injury occurred or the illness began? No, you do not have to record restricted work or job transfers if you, or the physician or other licensed health care professional, impose the restriction or transfer only for the day on which the injury occurred or the illness began.
(iv) If you or a physician or other licensed health care professional recommends a work restriction, is the injury or illness automatically recordable as a "restricted work" case? No, a recommended work restriction is recordable only if it affects one or more of the employee's routine job functions. To determine whether this is the case, you must evaluate the restriction in light of the routine functions of the injured or ill employee's job. If the restriction from you or the physician or other licensed health care professional keeps the employee from performing one or more of his or her routine job functions, or from working the full workday the injured or ill employee would otherwise have worked, the employee's work has been restricted and you must record the case.
(v) How do I record a case where the worker works only for a partial work shift because of a work-related injury or illness? A partial day of work is recorded as a day of job transfer or restriction for recordkeeping purposes, except for the day on which the injury occurred or the illness began.
(vi) If the injured or ill worker produces fewer goods or services than he or she would have produced prior to the injury or illness but otherwise performs all of the routine functions of his or her work, is the case considered a restricted work case? No, the case is considered restricted work only if the worker does not perform all of the routine functions of his or her job or does not work the full shift that he or she would otherwise have worked.
(vii) How do I handle vague restrictions from a physician or other licensed health care professional, such as that the employee engage only in "light duty" or "take it easy for a week"? If you are not clear about the physician or other licensed health care professional's recommendation, you may ask that person whether the employee can do all of his or her routine job functions and work all of his or her normally assigned work shift. If the answer to both of these questions is "Yes," then the case does not involve a work restriction and does not have to be recorded as such. If the answer to one or both of these questions is "No," the case involves restricted work and must be recorded as a restricted work case. If you are unable to obtain this additional information from the physician or other licensed health care professional who recommended the restriction, record the injury or illness as a case involving restricted work.
(viii) What do I do if a physician or other licensed health care professional recommends a job restriction meeting the definition, but the employee does all of his or her routine job functions anyway? You must record the injury or illness on the OSHA 300 Log as a restricted work case. If a physician or other licensed health care professional recommends a job restriction, you should ensure that the employee complies with that restriction. If you receive recommendations from two or more physicians or other licensed health care professionals, you may make a decision as to which recommendation is the most authoritative, and record the case based upon that recommendation.
(ix) How do I decide if an injury or illness involved a transfer to another job? If you assign an injured or ill employee to a job other than his or her regular job for part of the day, the case involves transfer to another job.
| Note: | This does not include the day on which the injury or illness occurred. |
(xi) How do I count days of job transfer or restriction? You count days of job transfer or restriction in the same way you count days away from work, using (c)(i) through (viii) of this subsection. The only difference is that, if you permanently assign the injured or ill employee to a job that has been modified or permanently changed in a manner that eliminates the routine functions the employee was restricted from performing, you may stop the day count when the modification or change is made permanent. You must count at least one day of restricted work or job transfer for such cases.
(e) How do I record an injury or illness that involves medical treatment beyond first aid? If a work-related injury or illness results in medical treatment beyond first aid, you must record it on the OSHA 300 Log. If the injury or illness did not involve death, one or more days away from work, one or more days of restricted work, or one or more days of job transfer, you enter a check mark in the box for cases where the employee received medical treatment but remained at work and was not transferred or restricted.
(i) What is the definition of medical treatment? "Medical treatment" means the management and care of a patient to combat disease or disorder. For the purposes of this section, medical treatment does not include:
Visits to a physician or other licensed health care professional solely for observation or counseling;
The conduct of diagnostic procedures, such as x-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes (e.g., eye drops to dilate pupils); or
"First aid" as defined in (e) of this subsection.
(ii) What is "first aid"? For the purposes of this part, "first aid" means the following:
Using a nonprescription medication at nonprescription strength (for medications available in both prescription and nonprescription form, a recommendation by a physician or other licensed health care professional to use a nonprescription medication at prescription strength is considered medical treatment for recordkeeping purposes);
Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment);
Cleaning, flushing or soaking wounds on the surface of the skin;
Using wound coverings such as bandages, Band-Aids, gauze pads, etc.; or using butterfly bandages or Steri-Strips (other wound closing devices such as sutures, staples, etc., are considered medical treatment);
Using hot or cold therapy;
Using any nonrigid means of support, such as elastic bandages, wraps, nonrigid back belts, etc. (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes);
Using temporary immobilization devices while transporting an accident victim (e.g., splints, slings, neck collars, back boards, etc.);
Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister;
Using eye patches;
Removing foreign bodies from the eye using only irrigation or a cotton swab;
Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means;
Using finger guards;
Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); or
Drinking fluids for relief of heat stress.
(iii) Are any other procedures included in first aid? No, this is a complete list of all treatments considered first aid for this section's purposes.
(iv) Does the professional status of the person providing the treatment have any effect on what is considered first aid or medical treatment? No, the treatments listed in (e)(ii) of this subsection are considered to be first aid regardless of the professional status of the person providing the treatment. Even when these treatments are provided by a physician or other licensed health care professional, they are considered first aid for the purposes of this section. Similarly, treatment beyond first aid is considered to be medical treatment even when it is provided by someone other than a physician or other licensed health care professional.
(v) What if a physician or other licensed health care professional recommends medical treatment but the employee does not follow the recommendation? If a physician or other licensed health care professional recommends medical treatment, you should encourage the injured or ill employee to follow that recommendation. However, you must record the case even if the injured or ill employee does not follow the physician or other licensed health care professional's recommendation.
(f) Is every work-related injury or illness case involving a loss of consciousness recordable? Yes, you must record a work-related injury or illness if the worker becomes unconscious, regardless of the length of time the employee remains unconscious.
(g) What is a "significant" diagnosed injury or illness that is recordable under the general criteria 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? Work-related cases involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum must always be recorded under the general criteria at the time of diagnosis by a physician or other licensed health care professional.
| Note: | OSHA believes that most significant injuries and illnesses will result in one of the criteria listed in WAC 296-27-01107(1): Death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness. However, there are some significant injuries, such as a punctured eardrum or a fractured toe or rib, for which neither medical treatment nor work restrictions may be recommended. In addition, there are some significant progressive diseases, such as byssinosis, silicosis, and some types of cancer, for which medical treatment or work restrictions may not be recommended at the time of diagnosis but are likely to be recommended as the disease progresses. Cancer, chronic irreversible diseases, fractured or cracked bones, and punctured eardrums are generally considered significant injuries and illnesses, and must be recorded at the initial diagnosis, even if medical treatment or work restrictions are not recommended, or are postponed, in a particular case. |
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(2) Implementation.
(a) What does "other potentially infectious materials" mean? The term "other potentially infectious materials" is defined in the bloodborne pathogens portion of Part J (Biological Agents) of chapter 296-62 WAC, General occupational health standards. These materials include:
Human bodily fluids, tissues and organs; and
Other materials infected with the HIV or hepatitis B (HBV) virus such as laboratory cultures or tissues from experimental animals.
(b) Does this mean that I must record all cuts, lacerations, punctures, and scratches? No, you need to record cuts, lacerations, punctures, and scratches only if they are work-related and involve contamination with another person's blood or other potentially infectious material. If the cut, laceration, or scratch involves a clean object, or a contaminant other than blood or other potentially infectious material, you need to record the case only if it meets one or more of the recording criteria in WAC 296-27-01107.
(c) If I record an injury and the employee is later diagnosed with an infectious bloodborne disease, do I need to update the OSHA 300 Log? Yes, you must update the classification of the case on the OSHA 300 Log if the case results in death, days away from work, restricted work, or job transfer. You must also update the description to identify the infectious disease and change the classification of the case from an injury to an illness.
(d) What if one of my employees is splashed or exposed to blood or other potentially infectious material without being cut or scratched? Do I need to record this incident? You need to record such an incident on the OSHA 300 Log as an illness if:
(i) It results in the diagnosis of a bloodborne illness, such as HIV, hepatitis B, or hepatitis C; or
(ii) It meets one or more of the recording criteria in WAC 296-27-01107.
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(2) Implementation.
(a) How do I classify medical removal cases on the OSHA 300 Log? You must enter each medical removal case on the OSHA 300 Log as either a case involving days away from work or a case involving restricted work activity, depending on how you decide to comply with the medical removal requirement. If the medical removal is the result of a chemical exposure, you must enter the case on the OSHA 300 Log by checking the "poisoning" column.
(b) Do all standards have medical removal provisions? No, some OSHA standards, such as the standards covering bloodborne pathogens and noise, do not have medical removal provisions. Many standards that cover specific chemical substances have medical removal provisions. These standards include, but are not limited to, lead, cadmium, methylene chloride, formaldehyde, and benzene.
(c) Do I have to record a case where I voluntarily removed the employee from exposure before the medical removal criteria are met? No, if the case involves voluntary medical removal before the medical removal levels required by this standard, you do not need to record the case on the OSHA 300 Log.
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(2) Implementation.
(a) What is a recordable threshold shift? A recordable threshold shift, or RTS, is a change in hearing threshold, relative to the most recent audiogram for that employee, of an average of 10 decibels (dB) or more at 2000, 3000, and 4000 hertz in one or both ears.
(b) How do I determine whether an RTS has occurred? If the employee has never previously experienced a recordable hearing loss, you must compare the employee's current audiogram with that employee's baseline audiogram. If the employee has previously experienced a recordable hearing loss, you must compare the employee's current audiogram with the employee's revised baseline audiogram (the audiogram reflecting the employee's previous recordable hearing loss case).
(c) May I adjust the audiogram results to reflect the effects of aging on hearing? Yes, when comparing audiogram results, you may adjust the results for the employee's age when the audiogram was taken using the following tables:
| Audiometric Test Frequency (Hz) | |||||
| Years | |||||
| 1000 | 2000 | 3000 | 4000 | 6000 | |
| 20 or younger. . . . . . . . . . . . . . . . . . . . . . . . . | 5 | 3 | 4 | 5 | 8 |
| 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 5 | 3 | 4 | 5 | 8 |
| 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 5 | 3 | 4 | 5 | 8 |
| 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 5 | 3 | 4 | 6 | 9 |
| 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 5 | 3 | 5 | 6 | 9 |
| 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 5 | 3 | 5 | 7 | 10 |
| 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 5 | 4 | 5 | 7 | 10 |
| 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 5 | 4 | 6 | 7 | 11 |
| 28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 6 | 4 | 6 | 8 | 11 |
| 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 6 | 4 | 6 | 8 | 12 |
| 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 6 | 4 | 6 | 9 | 12 |
| 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 6 | 4 | 7 | 9 | 13 |
| 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 6 | 5 | 7 | 10 | 14 |
| 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 6 | 5 | 7 | 10 | 14 |
| 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 6 | 5 | 8 | 11 | 15 |
| 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 7 | 5 | 8 | 11 | 15 |
| 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 7 | 5 | 9 | 12 | 16 |
| 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 7 | 6 | 9 | 12 | 17 |
| 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 7 | 6 | 9 | 13 | 17 |
| 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 7 | 6 | 10 | 14 | 18 |
| 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 7 | 6 | 10 | 14 | 19 |
| 41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 7 | 6 | 10 | 14 | 20 |
| 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 8 | 7 | 11 | 16 | 20 |
| 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 8 | 7 | 12 | 16 | 21 |
| 44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 8 | 7 | 12 | 17 | 22 |
| 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 8 | 7 | 13 | 18 | 23 |
| 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 8 | 8 | 13 | 19 | 24 |
| 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 8 | 8 | 14 | 19 | 24 |
| 48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 9 | 8 | 14 | 20 | 25 |
| 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 9 | 9 | 15 | 21 | 26 |
| 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 9 | 9 | 16 | 22 | 27 |
| 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 9 | 9 | 16 | 23 | 28 |
| 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 9 | 10 | 17 | 24 | 29 |
| 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 9 | 10 | 18 | 25 | 30 |
| 54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 10 | 10 | 18 | 26 | 31 |
| 55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 10 | 11 | 19 | 27 | 32 |
| 56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 10 | 11 | 20 | 28 | 34 |
| 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 10 | 11 | 21 | 29 | 35 |
| 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 10 | 12 | 22 | 31 | 36 |
| 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 11 | 12 | 22 | 32 | 37 |
| 60 or older. . . . . . . . . . . . . . . . . . . . . . . . . . . | 11 | 13 | 23 | 33 | 38 |
TABLE F-2 - AGE CORRECTION VALUES IN DECIBELS FOR FEMALES |
|||||
| Audiometric Test Frequency (Hz) | |||||
| Years | |||||
| 1000 | 2000 | 3000 | 4000 | 6000 | |
| 20 or younger. . . . . . . . . . . . . . . . . . . . . . . . . | 7 | 4 | 3 | 3 | 6 |
| 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 7 | 4 | 4 | 3 | 6 |
| 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 7 | 4 | 4 | 4 | 6 |
| 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 7 | 5 | 4 | 4 | 7 |
| 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 7 | 5 | 4 | 4 | 7 |
| 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 8 | 5 | 4 | 4 | 7 |
| 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 8 | 5 | 5 | 4 | 8 |
| 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 8 | 5 | 5 | 5 | 8 |
| 28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 8 | 5 | 5 | 5 | 8 |
| 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 8 | 5 | 5 | 5 | 9 |
| 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 8 | 6 | 5 | 5 | 9 |
| 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 8 | 6 | 6 | 5 | 9 |
| 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 9 | 6 | 6 | 6 | 10 |
| 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 9 | 6 | 6 | 6 | 10 |
| 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 9 | 6 | 6 | 6 | 10 |
| 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 9 | 6 | 7 | 7 | 11 |
| 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 9 | 7 | 7 | 7 | 11 |
| 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 9 | 7 | 7 | 7 | 12 |
| 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 10 | 7 | 7 | 7 | 12 |
| 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 10 | 7 | 8 | 8 | 12 |
| 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 10 | 7 | 8 | 8 | 13 |
| 41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 10 | 8 | 8 | 8 | 13 |
| 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 10 | 8 | 9 | 9 | 13 |
| 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 11 | 8 | 9 | 9 | 14 |
| 44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 11 | 8 | 9 | 9 | 14 |
| 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 11 | 8 | 10 | 10 | 15 |
| 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 11 | 9 | 10 | 10 | 15 |
| 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 11 | 9 | 10 | 11 | 16 |
| 48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 12 | 9 | 11 | 11 | 16 |
| 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 12 | 9 | 11 | 11 | 16 |
| 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 12 | 10 | 11 | 12 | 17 |
| 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 12 | 10 | 12 | 12 | 17 |
| 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 12 | 10 | 12 | 13 | 18 |
| 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 13 | 10 | 13 | 13 | 18 |
| 54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 13 | 11 | 13 | 14 | 19 |
| 55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 13 | 11 | 14 | 14 | 19 |
| 56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 13 | 11 | 14 | 15 | 20 |
| 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 13 | 11 | 15 | 15 | 20 |
| 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 14 | 12 | 15 | 16 | 21 |
| 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 14 | 12 | 16 | 16 | 21 |
| 60 or older. . . . . . . . . . . . . . . . . . . . . . . . . . . | 14 | 12 | 16 | 17 | 22 |
(e) Are there any special rules for determining whether a hearing loss case is work-related? Yes, hearing loss is presumed to be work-related if the employee is exposed to noise in the workplace at an 8-hour time-weighted average of 85 dBA or greater, or to a total noise dose of fifty percent, as defined in 29 CFR 1910.95. For hearing loss cases where the employee is not exposed to this level of noise, you must use the rules in WAC 296-27-01103 to determine if the hearing loss is work-related.
(f) If a physician or other licensed health care professional determines the hearing loss is not work-related, do I still need to record the case? If a physician or other licensed health care professional determines that the hearing loss is not work-related or has not been significantly aggravated by occupational noise exposure, you are not required to consider the case work-related or to record the case on the OSHA 300 Log.
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(2) Implementation.
(a) Do I have to record, on the Log, a positive TB skin test result obtained at a preemployment physical? No, you do not have to record it because the employee was not occupationally exposed to a known case of active tuberculosis in your workplace.
(b) May I line-out or erase a recorded TB case if I obtain evidence that the case was not caused by occupational exposure? Yes, you may line-out or erase the case from the Log under the following circumstances:
The worker is living in a household with a person who has been diagnosed with active TB;
The public health department has identified the worker as a contact of an individual with a case of active TB unrelated to the workplace; or
A medical investigation shows that the employee's infection was caused by exposure to TB away from work, or proves that the case was not related to the workplace TB exposure.
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(2) Implementation.
(a) What is a "musculoskeletal disorder" or MSD? Musculoskeletal disorders (MSDs) are disorders of the muscles, nerves, tendons, ligaments, joints, cartilage and spinal discs. MSDs do not include disorders caused by slips, trips, falls, motor vehicle accidents, or other similar accidents. Examples of MSDs include: Carpal tunnel syndrome, Rotator cuff syndrome, De Quervain's disease, Trigger finger, Tarsal tunnel syndrome, Sciatica, Epicondylitis, Tendinitis, Raynaud's phenomenon, Carpet layer's knee, Herniated spinal disc, and Low back pain.
(b) How do I decide which musculoskeletal disorders to record? There are no special criteria for determining which musculoskeletal disorders to record. An MSD case is recorded using the same process you would use for any other injury or illness. If a musculoskeletal disorder is work-related, and is a new case, and meets one or more of the general recording criteria, you must record the musculoskeletal disorder. The following table will guide you to the appropriate section of the rule for guidance on recording MSD cases.
(i) Determining if the MSD is work-related. See WAC 296-27-01103.
(ii) Determining if the MSD is a new case. See WAC 296-27-
01105.
(iii) Determining if the MSD meets one or more of the general recording criteria:
Days away from work, see WAC 296-27-01107 (2)(c).
Restricted work or transfer to another job, or see WAC 296-27-01107 (2)(d).
Medical treatment beyond first aid. See WAC 296-27-01107 (2)(e).
(c) If a work-related MSD case involves only subjective symptoms like pain or tingling, do I have to record it as a musculoskeletal disorder? The symptoms of an MSD are treated the same as symptoms for any other injury or illness. If an employee has pain, tingling, burning, numbness or any other subjective symptom of an MSD, and the symptoms are work-related, and the case is a new case that meets the recording criteria, you must record the case on the OSHA 300 Log as a musculoskeletal disorder.
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(2) Implementation.
(a) What do I need to do to complete the OSHA 300 Log? You must enter information about your business at the top of the OSHA 300 Log, enter a one or two line description for each recordable injury or illness, and summarize this information on the OSHA 300-A at the end of the year.
(b) What do I need to do to complete the OSHA 301 Incident Report? You must complete an OSHA 301 Incident Report form, or an equivalent form, for each recordable injury or illness entered on the OSHA 300 Log.
(c) How quickly must each injury or illness be recorded? You must enter each recordable injury or illness on the OSHA 300 Log and 301 Incident Report within seven calendar days of receiving information that a recordable injury or illness has occurred.
(d) What is an equivalent form? An equivalent form is one that has the same information, is as readable and understandable, and is completed using the same instructions as the OSHA form it replaces. Many employers use an insurance form instead of the OSHA 301 Incident Report, or supplement an insurance form by adding any additional information listed on the OSHA form.
(e) May I keep my records on a computer? Yes, if the computer can produce equivalent forms when they are needed, as described under WAC 296-27-02111 and 296-27-03103, you may keep your records using the computer system.
(f) Are there situations where I do not put the employee's name on the forms for privacy reasons? Yes, if you have a "privacy concern case," you may not enter the employee's name on the OSHA 300 Log. Instead, enter "privacy case" in the space normally used for the employee's name. This will protect the privacy of the injured or ill employee when another employee, a former employee, or an authorized employee representative is provided access to the OSHA 300 Log under WAC 296-27-02111. You must keep a separate, confidential list of the case numbers and employee names for your privacy concern cases so you can update the cases and provide the information to the government if asked to do so.
(g) How do I determine if an injury or illness is a privacy concern case? You must consider the following injuries or illnesses to be privacy concern cases:
An injury or illness to an intimate body part or the reproductive system;
An injury or illness resulting from a sexual assault;
Mental illnesses;
HIV infection, hepatitis, or tuberculosis;
Needlestick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material (WAC 296-27-01109 for definitions); and
Other illnesses, if the employee independently and voluntarily requests that his or her name not be entered on the log. Musculoskeletal disorders (MSDs) are not considered privacy concern cases.
(h) May I classify any other types of injuries and illnesses as privacy concern cases? No, this is a complete list of all injuries and illnesses considered privacy concern cases for this section's purposes.
(i) If I have removed the employee's name, but still believe that the employee may be identified from the information on the forms, is there anything else that I can do to further protect the employee's privacy? Yes, if you have a reasonable basis to believe that information describing the privacy concern case may be personally identifiable even though the employee's name has been omitted, you may use discretion in describing the injury or illness on both the OSHA 300 and 301 forms. You must enter enough information to identify the cause of the incident and the general severity of the injury or illness, but you do not need to include details of an intimate or private nature. For example, a sexual assault case could be described as "injury from assault," or an injury to a reproductive organ could be described as "lower abdominal injury."
(j) What must I do to protect employee privacy if I wish to provide access to the OSHA Forms 300 and 301 to persons other than government representatives, employees, former employees or authorized representatives? If you decide to voluntarily disclose the forms to persons other than government representatives, employees, former employees or authorized representatives (as required by WAC 296-27-02111 and 296-27-03103), you must remove or hide the employees' names and other personally identifying information, except for the following cases. You may disclose the forms with personally identifying information only:
(i) To an auditor or consultant hired by the employer to evaluate the safety and health program;
(ii) To the extent necessary for processing a claim for workers' compensation or other insurance benefits; or
(iii) To a public health authority or law enforcement agency for uses and disclosures for which consent, an authorization, or opportunity to agree or object is not required under Department of Health and Human Services Standards for Privacy of Individually Identifiable Health Information, 45 CFR 164.512.
(3) Falsification, failure to keep records or reports.
(a) RCW 49.17.190(2) of the act provides that "whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter shall, upon conviction be guilty of a gross misdemeanor and be punished by a fine of not more than ten thousand dollars, or by imprisonment for not more than six months or by both."
(b) Failure to maintain records or file reports required by this chapter, or in the detail required by the forms and instructions issued under this chapter, may result in the issuance of citations and assessment of penalties as provided for in RCW 49.17.120, 49.17.140, 49.17.180, or 49.17.190.
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(2) Implementation.
(a) Do I need to keep injury and illness records for short-term establishments (i.e., establishments that will exist for less than a year)? Yes, however, you do not have to keep a separate OSHA 300 Log for each such establishment. You may keep one OSHA 300 Log that covers all of your short-term establishments. You may also include the short-term establishments' recordable injuries and illnesses on an OSHA 300 Log that covers short-term establishments for individual company divisions or geographic regions.
(b) May I keep the records for all of my establishments at my headquarters location or at some other central location? Yes, you may keep the records for an establishment at your headquarters or other central location if you can:
Transmit information about the injuries and illnesses from the establishment to the central location within seven calendar days of receiving information that a recordable injury or illness has occurred; and
Produce and send the records from the central location to the establishment within the time frames required by WAC 296-27-02111 and 296-27-03103 when you are required to provide records to a government representative, employees, former employees or employee representatives.
(c) Some of my employees work at several different locations or do not work at any of my establishments at all. How do I record cases for these employees? You must link each of your employees with one of your establishments, for recordkeeping purposes. You must record the injury and illness on the OSHA 300 Log of the injured or ill employee's establishment, or on an OSHA 300 Log that covers that employee's short-term establishment.
(d) How do I record an injury or illness when an employee of one of my establishments is injured or becomes ill while visiting or working at another of my establishments, or while working away from any of my establishments? If the injury or illness occurs at one of your establishments, you must record the injury or illness on the OSHA 300 Log of the establishment at which the injury or illness occurred. If the employee is injured or becomes ill and is not at one of your establishments, you must record the case on the OSHA 300 Log at the establishment at which the employee normally works.
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(2) Implementation.
(a) If a self-employed person is injured or becomes ill while doing work at my business, do I need to record the injury or illness? No, self-employed individuals are not covered by the WISH Act or this standard.
(b) If I obtain employees from a temporary help service, employee leasing service, or personnel supply service, do I have to record an injury or illness occurring to one of those employees? You must record these injuries and illnesses if you supervise these employees on a day-to-day basis.
(c) If an employee in my establishment is a contractor's employee, must I record an injury or illness occurring to that employee? If the contractor's employee is under the day-to-day supervision of the contractor, the contractor is responsible for recording the injury or illness. If you supervise the contractor employee's work on a day-to-day basis, you must record the injury or illness.
(d) Must the personnel supply service, temporary help service, employee leasing service, or contractor also record the injuries or illnesses occurring to temporary, leased or contract employees that I supervise on a day-to-day basis? No, you and the temporary help service, employee leasing service, personnel supply service, or contractor should coordinate your efforts to make sure that each injury and illness is recorded only once: Either on your OSHA 300 Log (if you provide day-to-day supervision) or on the other employer's OSHA 300 Log (if that company provides day-to-day supervision).
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Review the OSHA 300 Log to verify that the entries are complete and accurate, and correct any deficiencies identified;
Create an annual summary of injuries and illnesses recorded on the OSHA 300 Log;
Certify the summary; and
Post the annual summary.
(2) Implementation.
(a) How extensively do I have to review the OSHA 300 Log entries at the end of the year? You must review the entries as extensively as necessary to make sure that they are complete and correct.
(b) How do I complete the annual summary? You must:
Total the columns on the OSHA 300 Log (if you had no recordable cases, enter zeros for each column total); and
Enter the calendar year covered, the company's name, establishment name, establishment address, annual average number of employees covered by the OSHA 300 Log, and the total hours worked by all employees covered by the OSHA 300 Log.
If you are using an equivalent form other than the OSHA 300-A summary form, as permitted under WAC 296-27-01105, the summary you use must also include the employee access and employer penalty statements found on the OSHA 300-A summary form.
(c) How do I certify the annual summary? A company executive must certify that he or she has examined the OSHA 300 Log and that he or she reasonably believes, based on his or her knowledge of the process by which the information was recorded, that the annual summary is correct and complete.
(d) Who is considered a company executive? The company executive who certifies the log must be one of the following persons:
An owner of the company (only if the company is a sole proprietorship or partnership);
An officer of the corporation;
The highest ranking company official working at the establishment; or
The immediate supervisor of the highest ranking company official working at the establishment.
(e) How do I post the annual summary? You must post a copy of the annual summary in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the posted annual summary is not altered, defaced or covered by other material.
(f) When do I have to post the annual summary? You must post the summary no later than February 1 of the year following the year covered by the records and keep the posting in place until April 30.
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(2) Implementation.
(a) Do I have to update the OSHA 300 Log during the five-year storage period? Yes, during the storage period, you must update your stored OSHA 300 Logs to include newly discovered recordable injuries or illnesses and to show any changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes, you must remove or line-out the original entry and enter the new information.
(b) Do I have to update the annual summary? No, you are not required to update the annual summary, but you may do so if you wish.
(c) Do I have to update the OSHA 301 Incident Reports? No, you are not required to update the OSHA 301 Incident Reports, but you may do so if you wish.
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(a) You must inform each employee of how he or she is to report an injury or illness to you.
(b) You must provide limited access to your injury and illness records for your employees and their representatives.
(2) Implementation.
(a) What must I do to make sure that employees report work-related injuries and illnesses to me?
You must set up a way for employees to report work-related injuries and illnesses promptly; and
You must tell each employee how to report work-related injuries and illnesses to you.
(b) Do I have to give my employees and their representatives access to the OSHA injury and illness records? Yes, your employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the OSHA injury and illness records, with some limitations, as discussed below.
Who is an authorized employee representative? An authorized employee representative is an authorized collective bargaining agent of employees.
Who is a "personal representative" of an employee or former employee? A personal representative is:
Any person that the employee or former employee designates as such, in writing; or
The legal representative of a deceased or legally incapacitated employee or former employee.
If an employee or representative asks for access to the OSHA 300 Log, when do I have to provide it?
When an employee, former employee, personal representative, or authorized employee representative asks for copies of your current or stored OSHA 300 Log(s) for an establishment the employee or former employee has worked in, you must give the requester a copy of the relevant OSHA 300 Log(s) by the end of the next business day.
May I remove the names of the employees or any other information from the OSHA 300 Log before I give copies to an employee, former employee, or employee representative? No, you must leave the names on the OSHA 300 Log. However, to protect the privacy of injured and ill employees, you may not record the employee's name on the OSHA 300 Log for certain "privacy concern cases," as specified in WAC 296-27-01119 (2)(f) through (i).
If an employee or representative asks for access to the OSHA 301 Incident Report, when do I have to provide it?
When an employee, former employee, or personal representative asks for a copy of the OSHA 301 Incident Report describing an injury or illness to that employee or former employee, you must give the requester a copy of the OSHA 301 Incident Report containing that information by the end of the next business day.
When an authorized employee representative asks for copies of the OSHA 301 Incident Reports for an establishment where the agent represents employees under a collective bargaining agreement, you must give copies of those forms to the authorized employee representative within seven calendar days. You are only required to give the authorized employee representative information from the OSHA 301 Incident Report section titled "Tell us about the case." You must remove all other information from the copy of the OSHA 301 Incident Report or the equivalent substitute form that you give to the authorized employee representative.
May I charge for the copies? No, you may not charge for these copies the first time they are provided. However, if one of the designated persons asks for additional copies, you may assess a reasonable charge for retrieving and copying the records.
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(1) WISHA may not issue a variance to a private sector employer and must recognize all variances issued by Federal OSHA.
(2) WISHA may only grant an injury and illness recording and reporting variance to a state or local government employer within the state after obtaining approval to grant the variance from Federal OSHA.
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Collects the same information as this section requires;
Meets the purposes of the act; and
Does not interfere with the administration of the act.
(2) Implementation.
(a) What do I need to include in my variance petition? You must include the following items in your petition:
Your name and address;
A list of the state(s) where the variance would be used;
The address(es) of the business establishment(s) involved;
A description of why you are seeking a variance;
A description of the different recordkeeping procedures you propose to use;
A description of how your proposed procedures will collect the same information as would be collected by this section and achieve the purpose of the act; and
A statement that you have informed your employees of the petition by giving them or their authorized representative a copy of the petition and by posting a statement summarizing the petition in the same way as notices are posted under 29 CFR 1903.2(a).
(b) How will the Assistant Secretary handle my variance petition? The Assistant Secretary will take the following steps to process your variance petition.
The Assistant Secretary will offer your employees and their authorized representatives an opportunity to submit written data, views, and arguments about your variance petition.
The Assistant Secretary may allow the public to comment on your variance petition by publishing the petition in the Federal Register. If the petition is published, the notice will establish a public comment period and may include a schedule for a public meeting on the petition.
After reviewing your variance petition and any comments from your employees and the public, the Assistant Secretary will decide whether or not your proposed recordkeeping procedures will meet the purposes of the act, will not otherwise interfere with the act, and will provide the same information as required by this section. If your procedures meet these criteria, the Assistant Secretary may grant the variance subject to such conditions as he or she finds appropriate.
If the Assistant Secretary grants your variance petition, OSHA will publish a notice in the Federal Register to announce the variance. The notice will include the practices the variance allows you to use, any conditions that apply, and the reasons for allowing the variance.
(c) If I apply for a variance, may I use my proposed recordkeeping procedures while the Assistant Secretary is processing the variance petition? No, alternative recordkeeping practices are only allowed after the variance is approved. You must comply with this section's requirements while the Assistant Secretary is reviewing your variance petition.
(d) If I have already been cited for not following the requirements of this section, will my variance petition have any effect on the citation and penalty? No, in addition, the Assistant Secretary may elect not to review your variance petition if it includes an element for which you have been cited and the citation is still under review by a court, an administrative law judge (ALJ), or the OSH review commission.
(e) If I receive a variance, may it be revoked at a later date? Yes, a variance may be revoked for good cause. The variance revocation procedures are the same as those followed to request the exception. In cases of willfulness or where necessary for public safety, the Assistant Secretary will:
Notify you in writing of the facts or conduct that may warrant revocation of your variance; and
Provide you, your employees, and authorized employee representatives with an opportunity to participate in the revocation procedures.
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(2) Implementation.
(a) If the local L&I office is closed, how do I report the incident? If the local office is closed, you must report a fatality or multiple hospitalization incident by calling either the department at 1-800-4BE-SAFE (1-800-423-7233) or by contacting the Occupational Safety and Health Administration (OSHA) by calling its central number at 1-800-321-6742.
(b) What information do I need to give about the incident? You must give the following information for each fatality or multiple hospitalization incident:
Name of the work place;
Location of the incident;
Time and date of the incident;
Number of fatalities or hospitalized employees;
Names of injured employees;
Contact person and phone number; and
Brief description of the incident.
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(2) Implementation.
(a) What government representatives have the right to get copies of records required by this section? The government representatives authorized to receive the records are:
A representative of the Secretary of Labor conducting an inspection or investigation under the act;
A representative of the Secretary of Health and Human Services (including the National Institute for Occupational Safety and Health-NIOSH) conducting an investigation under section 20(b) of the act; or
A representative of the state department of labor and industries.
(b) Do I have to produce the records within four hours if my records are kept at a location in a different time zone? Your response will be considered timely if you give the records to the government representative within four business hours of the request. If you maintain the records at a location in a different time zone, you may use the business hours of the establishment at which the records are located when calculating the deadline.
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The number of workers you employed;
The number of hours worked by your employees; and
The requested information from the records that you keep under this section.
(2) Implementation.
(a) Does every employer have to send data to OSHA? No, each year, OSHA sends injury and illness survey forms to employers in certain industries. In any year, some employers will receive an OSHA survey form and others will not. You do not have to send injury and illness data to OSHA unless you receive a survey form.
(b) How quickly do I need to respond to an OSHA survey form? You must send the survey reports to OSHA, or OSHA's designee, by mail or other means described in the survey form, within thirty calendar days, or by the date stated in the survey form, whichever is later.
(c) Do I have to respond to an OSHA survey form if I am normally exempt from keeping OSHA injury and illness records? Yes, even if you are exempt from keeping injury and illness records under WAC 296-27-001, OSHA may inform you in writing that it will be collecting injury and illness information from you in the following year. If you receive such a letter, you must keep the injury and illness records required by WAC 296-27-01103 to 296-27-01117 and make a survey report for the year covered by the survey.
(d) Do employers in Washington have to answer the OSHA survey form? Yes.
(e) Does this section affect OSHA's authority to inspect my workplace? No, nothing in this section affects OSHA's statutory authority to investigate conditions related to occupational safety and health.
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(2) Implementation.
(a) Does every employer have to send data to the BLS? No, each year, the BLS sends injury and illness survey forms to randomly selected employers and uses the information to create the nation's occupational injury and illness statistics. In any year, some employers will receive a BLS survey form and others will not. You do not have to send injury and illness data to the BLS unless you receive a survey form.
(b) If I get a survey form from the BLS, what do I have to do? If you receive a Survey of Occupational Injuries and Illnesses form from the Bureau of Labor Statistics (BLS), or a BLS designee, you must promptly complete the form and return it, following the instructions contained on the survey form.
(c) Do I have to respond to a BLS survey form if I am normally exempt from keeping OSHA injury and illness records? Yes, even if you are exempt from keeping injury and illness records under @ 1904.1 to @ 1904.3, the BLS may inform you in writing that it will be collecting injury and illness information from you in the coming year. If you receive such a letter, you must keep the injury and illness records required by WAC 296-27-01103 to 296-27-01117 and make a survey report for the year covered by the survey.
(d) Do I have to answer the BLS survey form if I am located in a state-plan state? Yes, all employers who receive a survey form must respond to the survey, even those in state-plan states.
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(2) Implementation.
(a) What do I have to include in the summary?
(i) You must include a copy of the totals from the 2001 OSHA 200 Log and the following information from that form:
The calendar year covered;
Your company name;
The name and address of the establishment; and
The certification signature, title and date.
(ii) If no injuries or illnesses occurred at your establishment in 2001, you must enter zeros on the totals line and post the 2001 summary.
(b) When am I required to summarize and post the 2001 information?
You must complete the summary by February 1, 2002; and
You must post a copy of the summary in each establishment in a conspicuous place or places where notices to employees are customarily posted. You must ensure that the summary is not altered, defaced or covered by other material.
(c) How long must I post the 2001 summary? You must post the 2001 summary from February 1, 2002 to March 1, 2002.
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Establishment means a single physical location where business is conducted or where services or industrial operations are performed. For activities where employees do not work at a single physical location, such as construction; transportation; communications, electric, gas and sanitary services; and similar operations, the establishment is represented by main or branch offices, terminals, stations, etc., that either supervise such activities or are the base from which personnel carry out these activities.
(1) Can one business location include two or more establishments? Normally, one business location has only one establishment. Under limited conditions, the employer may consider two or more separate businesses that share a single location to be separate establishments. An employer may divide one location into two or more establishments only when:
Each of the establishments represents a distinctly separate business;
Each business is engaged in a different economic activity;
No one industry description in the Standard Industrial Classification Manual (1987) applies to the joint activities of the establishments; and
Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information. For example, if an employer operates a construction company at the same location as a lumber yard, the employer may consider each business to be a separate establishment.
(2) Can an establishment include more than one physical location? Yes, but only under certain conditions. An employer may combine two or more physical locations into a single establishment only when:
The employer operates the locations as a single business operation under common management;
The locations are all located in close proximity to each other; and
The employer keeps one set of business records for the locations, such as records on the number of employees, their wages and salaries, sales or receipts, and other kinds of business information. For example, one manufacturing establishment might include the main plant, a warehouse a few blocks away, and an administrative services building across the street.
(3) If an employee telecommutes from home, is his or her home considered a separate establishment? No, for employees who telecommute from home, the employee's home is not a business establishment and a separate OSHA 300 Log is not required. Employees who telecommute must be linked to one of your establishments under WAC 296-27-02101 (2)(c).
Injury or illness means an abnormal condition or disorder. 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, respiratory disorder, or poisoning. (Note: Injuries and illnesses are recordable only if they are new, work-related cases that meet one or more of this section's recording criteria.)
WAC 296-27-020(14) "OSHA" means Occupational Safety and Health Administration.
Physician or other licensed health care professional means a physician or other licensed health care professional is an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently perform, or be delegated the responsibility to perform, the activities described by this regulation.
You means an employer.
Private sector employers may not be granted a variance to the injury and illness recording and reporting requirements. Such variances may only be granted by Federal OSHA to assure nationally consistent workplace injury and illness statistics. The department of labor and industries may only grant a variance to the injury and illness recording and reporting requirements for state or local government entities in Washington after obtaining approval from Federal OSHA.
The department of labor and industries must recognize any variance issued by Federal OSHA.
Table "1"
| SIC Industry description code |
| 525 Hardware Stores |
| 542 Meat and Fish Markets |
| 544 Candy, Nut, and Confectionary Stores |
| 545 Dairy Products Stores |
| 546 Retail Bakeries |
| 549 Miscellaneous Food Stores |
| 551 New and Used Car Dealers |
| 552 Used Car Dealers |
| 554 Gasoline Service Stations |
| 557 Motorcycle Dealers |
| 56 Apparel and Accessory Stores |
| 573 Radio, Television, & Computer Stores |
| 58 Eating and Drinking Places |
| 591 Drug Stores and Proprietary Stores |
| 592 Liquor Stores |
| 594 Miscellaneous Shopping Goods Stores |
| 599 Retail Stores, Not Elsewhere Classified |
| 60 Depository Institutions (banks savings institutions) |
| 61 Nondepository |
| 62 Security and Commodity Brokers |
| 63 Insurance Carriers |
| 64 Insurance Agents, Brokers Services |
| 653 Real Estate Agents and Managers |
| 654 Title Abstract Offices |
| 67 Holding and Other Investment Offices |
| 722 Photographic Studios, Portrait |
| 723 Beauty Shops |
| 724 Barber Shops |
| 725 Shoe Repair and Shoeshine Parlors |
| 726 Funeral Service and Crematories |
| 729 Miscellaneous Personal Services |
| 731 Advertising Services |
| 732 Credit Reporting and Collection Services |
| 733 Mailing, Reproduction, Stenographic Services |
| 737 Computer and Data Processing Services |
| 738 Miscellaneous Business Services |
| 764 Reupholstery and Furniture Repair |
| 78 Motion Picture |
| 791 Dance Studios, Schools, and Halls |
| 792 Producers, Orchestras, Entertainers |
| 793 Bowling Centers |
| 801 Offices Clinics Of Medical Doctors |
| 802 Offices and Clinics Of Dentists |
| 803 Offices Of Osteopathic |
| 804 Offices Of Other Health Practitioners |
| 807 Medical and Dental Laboratories |
| 809 Health and Allied Services Not Elsewhere Classified |
| 81 Legal Services |
| 82 Educational Services (schools, colleges, universities and libraries) |
| 832 Individual and Family Services |
| 835 Child Day Care Services |
| 839 Social Services, Not Elsewhere Classified |
| 841 Museums and Art Galleries |
| 86 Membership Organizations |
| 87 Engineering, Accounting, Research, Management and Related Services |
| 899 Services, not elsewhere classified |
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The following sections of the Washington Administrative Code are repealed:
| WAC 296-27-010 | Purpose and scope. |
| WAC 296-27-020 | Definitions. |
| WAC 296-27-030 | Log and summary of occupational injuries and illnesses. |
| WAC 296-27-040 | Period covered by logs. |
| WAC 296-27-050 | Supplementary record. |
| WAC 296-27-060 | Annual summary. |
| WAC 296-27-070 | Retention of records. |
| WAC 296-27-075 | Employees not in fixed establishments. |
| WAC 296-27-077 | Small employers. |
| WAC 296-27-078 | Private employers classified in standard industrial classification codes (SIC) 52 through 89, (except 52 through 54, 70, 75, 76, 79 and 80). |
| WAC 296-27-080 | Access to records. |
| WAC 296-27-100 | Falsification, failure to keep records or reports. |
| WAC 296-27-110 | Change of ownership. |
| WAC 296-27-120 | Petitions for recordkeeping exceptions. |
| WAC 296-27-121 | Additional recordkeeping requirements. |
| WAC 296-27-130 | Description of statistical program. |
| WAC 296-27-140 | Duties of employers -- Statistical program. |