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OSHA FORM 300

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OSHA Form 300

Requirements

The following article was written by John Loomos, Esq., in 2002, a retired labor lawyer.

Not much has changed with regard to filling out Form 300 as required under the General Duty clause since this article was written by my dad except that OSHA has made it much easier to report work-related musculoskeletal disorders and injuries through their web site.

Prior to 2017, a paper log of Injuries and Illness was required to be kept; now, the Log of Injuries and Illness or Form 300 can be filled out easily on line.

Written by John Loomos, Esq. (formerly of the Airline Pilots Association):

PRELIMINARY STATEMENT

The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive Departments and agencies of the Federal Government.  It is divided into 50 titles, which are divided into chapters, which are further divided into parts covering specific regulatory areas.

The general and permanent rules of the Occupational Safety and Health Administration (“OSHA”) are published under Title 29 of the Code.  Those regulations specifically relating to the Recording and Reporting of occupational injuries and illnesses are found under Part 1904, Section .12, .29, .31, .32, . 33, .35, .36, .40, .41 and .42.  These sections of Part 1904 are summarized for your convenience and are intended to assist you and your company in property satisfying OSHA’s strict recording and reporting criteria of these particular sections of 29 CFR 1904.

29 CFR 1904.12

Section .12 relates to the recording criteria for cases involving a work-related musculoskeletal disorder (“MSD”).  An employer is required to record any MSD in the OSHA 300 Log under the MSD column.

A recordable MSD can be a disorder of the muscles, nerves, tendons, ligaments, joints, cartilage, or spinal discs that have not been caused by slips, trips, falls, motor vehicle accidents or similar type accidents.

Examples of work-related MSD’s include carpal tunnel syndrome, rotator cuff syndrome, DeQuervain’s disease, trigger finger, tarsal tunnel syndrome, sciatica, epicondylitis, tendonitis, Raynaud’s phenomenon, carpet layer’s knee, herniated spinal disc, and low back pain.

The above provisions take effect on January 1, 2003.  For work-related MSD’s that occurred prior to this date, see recording requirements applicable for any injury or illness under Section 1904.5, Section 1904.6, Section 1904.7 and Section 1904.29.

29 CFR 1904.29

This Section stresses the fact that you must use OSHA Forms 300, 300-A, and 301 or their equivalent, whenever a recordable injury or illness is involved.  Form 300 is the Log recording work-related injuries and illnesses.  Form 300-A is a Summary of work-related injuries and illness reported on Form 300 and Form 301 is the Injury and Illness Incident Report.

Each recordable injury or illness must be entered on OSHA Forms 300 and 301 within seven calendar days following receipt of information that a recordable injury or illness has occurred.

You must complete a Form 301 Incident Report, or an equivalent form for each recordable injury or illness entered on Form 300.

Note:  An equivalent form must be one that records the same information as OSHA Forms 300 and 301, is as readable and understandable, and follows the same instructions, as do the OSHA forms that they replace.

You are allowed to keep records in a computer if the computer is able to produce forms equivalent to the OSHA forms when they are needed.  For further information see Section 1904.35 and Section 1904.40.

If a “privacy concern case” is involved you may not enter the employee’s name on Form 300; instead, enter “privacy case” in the space normally used for the employee’s name.  However, a separate, confidential list of the case numbers and the employee’s names must be maintained so that these cases can be updated and information concerning them provided to the government upon request.  Note, however, MSD’s are not considered to be “privacy concern cases.”

The complete list of injuries and illnesses considered to be “private concern cases” for Section 1904 purposes includes (a) an injury or illness involving an intimate body part or the reproductive system, (b) a mental illness, (c) and HIV infection, Hepatitis, or tuberculosis or (d) needle-stick injuries and cuts from sharp objects that are contaminated with other person’s blood or other potentially infectious material.

29 CFR 1904.31

You must record on Form 300 the work-related illnesses and injuries of employees on your payroll, regardless of whether they are laborers, executives, or paid hourly or are salaried, part time, seasonal or migrant workers.  You must also record the work-related injuries of employees not on your payroll if you supervise them on a day-to-day basis.  This group of employees includes workers obtained from a temporary employment service or supplied by a contractor who are supervised by you or your staff on a daily basis rather than by the company or service providing you with the employees.

29 CFR 1904.32

At the end of the calendar year, you are required to –

  • Review the entries made on Form 300 for completeness and accuracy and, when required, correct any apparent deficiencies.
  • Prepare and certify an annual summary of all injuries and illnesses recorded on Form 300.  A copy of the annual summary must be conspicuously posted in each establishment in a place or places where notices intended for employees are customarily posted.  Once posted, you must insure that the annual summary is neither altered, defaced nor covered by other material.  Posting must occur no later than February 1 of the year following the year covered by the Form 300 and remain posted until April 30.
  • The company official who certifies the accuracy of the annual summary must state that he or she has examined Form 300 and that he or she believes the information recorded therein is correct and complete to the best of his or her knowledge.
  • The company executive so certifying must be an officer of the company or corporation, the highest-ranking company official at the establishment, or a designated supervisor at the establishment.

29 CFR 1904.33

Form 300 (the log), the privacy case list (if one exists), the Annual Summary and Form 301 must be retained for five years following the calendar year covered by these forms.

29 CFR 1904.35

This section requires you to involve your employees and their representatives in the record-keeping system in the following way:

  • By instructing each employee how he or she is to report a work-related injury or illness.
  • By providing employees and their representatives with the company’s injury and illness record by setting up a system that allows employees to promptly report work-related injuries and illnesses.
  • By informing each employee how he or she is to implement this system for reporting work-related injuries and illnesses.

Any employee, former employee or personal representative requesting a copy of Form 301 (Incident Report) describing an injury or illness to that employee or former employee must honor this request no later than the end of the next business day.

29 CFR 1904.36

This section prohibits an employer from discriminating against an employee who has reported a work-related fatality, injury or illness.  It also protects an employee who files a safety and health complaint.  This protection also applies to an employee who files a safety and health complaint, asks for access to its Part 1904 records, or otherwise exercises any other rights afforded by OSHA.

29 CFR 1904.40

This section requires the company or the corporation to provide authorized government representatives with copies of records required by Part 1904 within four business hours following their request.  Those government representatives authorized to receive these records are representatives of the Secretary of Labor conducting an investigation under the Act, a representative of the Secretary of Health and Human Services conducting an investigation under section 20(b) of the Act, or a representative of a state agency responsible for administering a State plan approved under Section 18 of the Act.

29 CFR 1904.41

This section requires any employer receiving OSHA’s annual survey form to complete it and send it to either OSHA or a designee of OSHA.  This report requires the employer to provide the following information:

  • Number of employees,
  • Hours worked by each employee and
  • Requested information recorded on forms required by Part 1904.

29 CFR 1904.42

Any employer receiving a Survey of Occupational Injuries and Illness Form from the Bureau of Labor Statistics (BLS), or a BLS designee, must promptly complete the form and return it to sender following the instructions contained on the survey form.

If you desire more information concerning the above sections please log on to http://www.osha.gov.

Minimize Ergonomic Risk Factors

The ergonomic risk factors that you should try to eliminate or minimize are as follows:

✓ Awkward postures
✓ Cold Temperatures
✓ Force
✓ Repetition
✓ Static Postures
✓ Contact Stress
✓ Vibrations

To minimize awkward postures:

  • Position your mouse next to your keyboard.
  • Keep your elbows close to your sides and your forearms parallel to the floor; adjust the height of your chair so that your arms are at a 90 degree angle.
  • When you adjust the height of the chair to put your arms in the proper position, if your feet are not flat on the floor, use a footrest (or a phonebook if needed).
  • Position materials you are referring to right next to your computer screen, so you don’t need to extend your head or neck.
  • Use a telephone headset if you can.
  • Put your feet flat on the floor.
  • Do not slouch.
  • Keep your wrists straight. Do not bend them forward or backward when typing. This pinches the median nerve, which can lead to carpal tunnel syndrome.
  • Minimize twisting your trunk from side to side; turn the whole chair with your legs instead.

To Minimize Force:

  •  Type with a light touch.
  • Pad hard surfaces. This will also reduce contact stress.
  • If your feet do not rest flatly on the floor, use a footrest. This will take the weight off the back of your thighs while sitting. It may also reduce the incidence of varicose veins.

To Minimize Repetition:

  • Break up long repetitious tasks, such as typing or computer work, with other tasks, such as phone work or errands.
  • Automate stapling, copying, and colating.

To Minimize Static Postures:

  • Try to change your position frequently throughout the day.
  • Take a break from intense work periodically; move around, or take a walk if you can.
  • If you cannot take a break, try to stretch your arms and/or put your hands at your sides and shake them out periodically to get the feeling back in your fingers; and try to stand up for 30 seconds every hour.

Sitting & Pressure

SITTING & PRESSURE
By Darren Salinger, M.D., OB/GYN
& Melanie Loomos, Inventor

In modern society, sitting takes up an increasing amount of time, both at home and at work. It has been concluded there is a considerable shift to sedentary work in industrialized countries (3).

1881 Analysis of Contact Stresses

The original analysis of contact stresses which lead to pressure-related problems while sitting was published in 1881 by Heinrich Hertz (5).

6 Hours Sitting May Cause Pressure Sore

A healthy individual can develop a pressure sore in six to twelve hours if left undisturbed in the same position (7). A single pressure sore costs more than $8,000 to heal. The yearly costs of treating pressure sores and related problems have been estimated to be almost $1 billion (9).

One study found that 63 percent of patients who sat for an unlimited period of time developed pressure sores whereas only 7 percent of patients developed pressure sores who sat for maximum periods of two hours (1).

Limiting sitting time is only one starting point in preventing pressure sores. Other possibilities include appropriate posture and pressure-reducing seat cushions (1).

In a test of six pressure-relieving devices, the air doughnut was found to be the least effective in reducing inter-surface pressures. None of the devices tested eliminated the inter-surface pressures generated by sitting in one position (7).

To prevent tissue damage, people must be able to shift their weight or be assisted to alternate pressure points (7).

External Pressure = 1/2 Internal Pressure

Externally measured pressure under the butt bones is only one half of the internal pressure. Given the pressures that are prevalent, Staarink (1995) found it amazing that more people do not get pressure ulcers (1).

Risk Factors for Pressure Sores

Studies have implicated factors such as posture and posture changes, impact loading of tissue, elevated temperature and humidity, age, nutritional status, general health, activity level, body stature and shear stress in the development of pressure sores (4).

Shear Force & Pressure Sores

The interest in shear stems from the observation that shear increases the possibility of causing a pressure sore (6). In 1958, it was Reichel who started to focus attention on shear force, which is defined as a force parallel to a surface (2). It is important to reduce shear force as much as possible (6). Avoidance of shear force is as important as avoidance of direct pressure (8).

Snijders (1984) showed that the inclination and the position of a backrest as well as the angle of the seat surface influence the shear force on the seat (3). The proper combination of backrest and seat inclination can reduce shear forces on the seat and on the sitter.

In tests done on healthy young subjects, it was found that when little shear is accepted, a fixed inclination between seat and backrest should be chosen between 90 degrees and 95 degrees (3). When a person is sitting down, the weight of the body is distributed over the supporting surfaces. The distributed shear and pressure result in forces that act on four major body points:
▪ The Feet
▪ The Butt Bones
▪ The Top of the Hip Bones
▪ The Chest

Shear Stresses Reduced – 90N to 5N

In a study measuring shear stresses on wheelchairs, using healthy young subjects, different seat angles were tested. Previous measurements showed that a total shear force on the seat of a foldable wheelchair could become as high as 90N when the seat is horizontal (2). When the seat slant is 8 degrees forward, the shear force becomes smaller than 5N in healthy subjects (2). The assumption is made that if the unfavorable effect of shear stress can be measured in healthy, young subjects, the effect for the hospitalized geriatric and paraplegic population will be even worse (2).

Enveloping Cushion

The enveloping property of a seat cushion is a measure of its tendency to wrap around the object it supports. When the body adopts a sitting posture, the weight of the body is distributed over the supporting surfaces (3). A good enveloping cushion provides a large contact area and a uniform stress distribution (9).

Medium density foam results in the lowest shear stresses and compressive stresses tested. Soft foam results in the next lowest shear and compressive stresses because soft foam tends to “bottom out” and cause pressure from the surface below the foam.

Caution: Temperature Sensitive Foam

Researchers caution against materials in seat surfaces that react to body temperature because there is a risk of rising temperatures and increased humidity which can lead to pressure sores (1), as well as other pressure-related problems.

Researchers conclude that the use of armrests in the case of healthy persons has a very limited pressure-reducing effect but may help stabilize posture.

  1. Applied Nursing Research, Vol. 12, No. 3, August 1999, pp. 136-142, “Sitting Posture and Prevention of Pressure Ulcers,” written by Tom Defloor, MScN, N.N.; and Maria H.F. Grypdonck, Ph.D., RN, Nursing Sciences, University of Gent, Belgium.
  2.  Scandinavian Journal of Rehabilitation Medicine, 29: 131-136, 1997, “Shear Stress Measured on Beds and Wheelchairs,” written by R.H.M. Goossens, Ph.D.; C.J. Snijders, Ph.D., T.G. Holscher, Mac; W. Chr. Heerens, Ph.D.; and A. E. Holman, MSc.
  3.  Journal of Biomechanics, Vol. 28, No. 2, pp. 225-230, 1995, “Design Criteria for the Reduction of Shear Forces in Beds and Seats,” written by R.H.M. Goossens and C.J. Snijders, Erasmus University, Rotterdam, Faculty of Medicine, Department of Biomedical Physics and Technology, The Netherlands.
  4. Journal of Rehabilitation Research and Development, Vol. 29, No. 4, 1992, pp. 21 – 31, Department of Veterans Affairs, “Comparative Effects of Posture on Pressure and Shear at the Body-Seat Interface,” written by Douglas A. Hobson, Ph.D., School of Health and Rehabilitation Sciences, University of Pittsburgh, Pittsburgh, P.A. U.S.A.
  5.  Journal of Rehabilitation Research and Development, Vol. 27, No. 2, 1990, pp. 135 – 140, Department of Veterans Affairs, “Reduction of Sitting Pressures with Custom Contoured Cushions,” written by Stephen Sprigle, Ph.D.; Kao-Chi Chung, Ph.D.; Clifford E. Brubaker, Ph.D., University of Virginia, Rehabilitation Engineering Center, U.S.A.
  6.  Journal of Rehabilitation Research and Development, Vol. 27, No. 3, 1990, pp. 239 – 246, Department of Veterans Affairs, “Sitting Forces and Wheelchair Mechanics,” written by Paul Gilsdorf, B.S.; Robert Patterson, Ph.D.; Steven Fisher, M.D.; Nancy Appel, P.T., Department of Physical Medicine and Rehabilitation, University of Minnesota, U.S.A.
  7.  American Journal of Nursing, 1987, “Sitting Easy: How Six Pressure-Relieving Devices Stack up,” written by Robin Charges, RN, M.A., M.S.N.; and Bettie S. Jackson, RN, Ed.D., F.A.A.N., Montefiore Medical Center, N.Y., U.S.A.
  8.  Arch. Phys. Med. Rehabil., Vol. 60, July, 1979, “Shear vs. Pressure as Causative Factors in Skin Blood Flow Occlusion,” written by Leon Bennett, MAE; David Kavner, DEng; Bok K. Lee, M.D.; Frieda A. Trainor, Ph.D., Veterans Administration Prosthetic Center, N.Y., U.S.A.
  9.  J. Biomechanics, Vol. 15, No. 7, 1982, “Model Experiments to Study the Stress Distributions in a Seated Buttock,” Narender P. Reddy, Himanshu Patel, George Van B. Cochran, Biomechanics Research Unit, Helen Hayes Hospital; and John B. Brunski, Center for Biomedical Engineering, Rensselaer Polytechnic Institute, Troy, N.Y., U.S.A.

OSHA Whistleblower Online Complaint Form

Trade Release

Department of Labor, United States of America

U.S. Department of Labor
Occupational Safety and Health Administration
Office of Communications
Washington, D.C.
www.osha.gov

For Immediate Release
July 28, 2017
Contact: Office of Communications
Phone: 202-693-1999

OSHA revises its online whistleblower complaint form

WASHINGTON – The Occupational Safety and Health Administration recently revised its online whistleblower complaint form to help users file a complaint with the appropriate agency. The form provides workers with another option for submitting retaliation complaints to the U.S. Department of Labor’s OSHA.

The updated form guides individuals as they file a complaint through the process, providing essential questions at the beginning so they can better understand and exercise their rights under relevant laws. One significant improvement to the system includes pop-up boxes with information about various agencies for individuals who indicate that they have engaged in protected activity that may be addressed by an agency other than OSHA. The new form is available in English and Spanish.

“Workers who report unsafe conditions and wrongdoing have a range of legal protections from retaliation,” said Deputy Assistant Secretary of Labor for Occupational Safety and Health Loren Sweatt. “The revised online complaint form works to ensure whistleblowers file their complaints with the appropriate federal agency for prompt action.”

In addition to the online form, workers can file complaints by fax, mail, or hand-delivery; contacting the agency at 800-321-6742; or calling an OSHA regional or area office.

OSHA enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various securities laws, trucking, airline, nuclear power, pipeline, environmental, rail, public transportation, workplace safety and health, and consumer protection laws. Detailed information on employee whistleblower rights, including fact sheets, is available online at http://www.whistleblowers.gov/.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

# # #

OSHA Electronic Filing By August 1, 2017

Trade Release

Department of Labor, United States of America

U.S. Department of Labor
Occupational Safety and Health Administration
Office of Communications
Washington, D.C.
www.osha.gov
For Immediate Release
July 14, 2017
Contact: Office of Communications
Phone: 202-693-1999

OSHA launches application to electronically submit injury and illness data on August 1

WASHINGTON – The Occupational Safety and Health Administration will launch on Aug. 1, 2017, the Injury Tracking Application (ITA). The Web-based form allows employers to electronically submit required injury and illness data from their completed 2016 OSHA Form 300A. The application will be accessible from the ITA webpage.
Last month, OSHA published a notice of proposed rulemaking to extend the deadline for submitting 2016 Form 300A to Dec. 1, 2017, to allow affected entities sufficient time to familiarize themselves with the electronic reporting system, and to provide the new administration an opportunity to review the new electronic reporting requirements prior to their implementation.
The data submission process involves four steps: (1) Creating an establishment; (2) adding 300A summary data; (3) submitting data to OSHA; and (4) reviewing the confirmation email. The secure website offers three options for data submission. One option will enable users to manually enter data into a web form. Another option will give users the ability to upload a CSV file to process single or multiple establishments at the same time. A third option will allow users of automated recordkeeping systems to transmit data electronically via an application programming interface.
The ITA webpage also includes information on reporting requirements, a list of frequently asked questions and a link to request assistance with completing the form.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.
# # #

PREVENTION NEEDS RESOURCES

Textbook of Pain, 1998, “Prevention of Disability due to Chronic Musculoskeletal Pain,” written by Steven James Linton:

The above-mentioned chapter in the Textbook of Pain, “examines procedures designed for use in health-care settings to prevent disability due to musculoskeletal pain.”

The following statement is made:

“Because musculoskeletal pain is a major source of suffering, health care, and utilization of compensation, there is a definite need for prevention.  However, prevention is not an easy task because disability is related to a developmental process in which multidimensional factors operate over time to produce significant lifestyle changes.  Research on risk factors indicates that although medical and workplace factors are obvious, psychosocial variables are central to the transition from acute to chronic pain.  The early identification of ‘at-risk’ patients is a key to allocating resources and initiating secondary prevention.”

“Unfortunately, we do not yet understand the exact mechanisms that produce musculoskeletal pain.”

ACUTE PAIN

“Acute pain – Pain which is generally defined as pain up to about three weeks is characterized by temporary decreases in activity, reliance on medication, and help-seeking.  It is accompanied by psychological distress; for example, fear, anxiety and worry, in addition to beliefs that pain is controllable through medical and active coping…The patient may have organic findings as well as muscle spasms.

SUBACUTE PAIN

“Subacute pain – Pain which is considered to be between 3 and 12 weeks.  Patients may exhibit altering patterns of increasing and decreasing activity, and withdraw or become reliant on medication.”

PERSISTENT OR CHRONIC PAIN

“Persistent or chronic pain – Pain which is defined as more than 3 months’ duration, activities may have decreased sharply. . .The pain becomes more constant although patients may experience ‘good’ and ‘bad’ periods.”

RECURRENT MUSCULOSKELETAL PAIN

“Musculoskeletal pain is usually recurrent in nature.  While most episodes of back pain remit rather quickly and most people return to work within 6 weeks, (Reid, et al., 1997), the majority of sufferers will experience several episodes of pain during the course of a year, (Frymoyer, 1992; Nachemson, 1992; VonKorff, 1994; Linton & Hallden, 1997).”

50 % OF ACUTE BACK PAIN SUFFERERS HAVE PAIN 6 – 12 MONTHS LATER

“More than 50 percent of patients with acute back pain will experience another episode within a year (Nachemson, 1992), and prospective studies indicate that almost half will still have significant problems 6 – 12 months later, (Philips & Grant, 1991; VonKorff, 1994; Linton & Hallden, 1997).”

MUSCULOSKELETAL PAIN = LEADING CAUSE OF EARLY PENSIONS

“Firstly, a large number of people suffer from musculoskeletal pain, making it a leading health-care problem even though only a minority develop persistent dysfunction.  Musculoskeletal pain is a leading cause of health-care visits, particularly in primary care,  sick absenteeism, and early pensions, (Frymoyer, 1992; Nachemson, 1992; Skovron, 1992).  However, several studies indicate that over 90 percent of those off work with an acute episode of back pain will return within 3 months, (Waddell, 1996;  Reid, et al., 1997).”

“Secondly, as shown above, musculoskeletal pain is recurrent in nature even though most patients return to work rather quickly after an acute episode.  Although acute sufferers usually feel better and return to work within a few weeks, this does not mean that they have recovered fully or permanently.”

“Thirdly, while up to 85 percent of the population will suffer from musculoskeletal pain, only a small number will account for most of the costs, (Nachemson, 1992; Skovron, 1992; Waddell, 1996).  In general, less than 10 percent of the sufferers may consume up to 75 percent of the resources, (VonKorff, 1994; Reid, et al., 1997).  Thus preventing disability and high-cost cases may result in large economic savings, so that these people constitute a special target for prevention programs.”

MUSCULOSKELETAL PAIN IN SWEDEN & THE NETHERLANDS

“Further, most of the money at this time is spent on compensation, while relatively little is spent on treatment, and almost nothing is invested in prevention.  In Sweden, about 85 percent of the total resources for musculoskeletal pain are spent on compensation as compared to 15 percent for all treatments and drugs, a figure which has remained fairly constant over a 15-year period, (Linton, 1998).”

“Similarly, in The Netherlands, a recent study of all costs due to back pain showed that 93 percent involved compensation and only 7 percent involved treatment, (Van Tulder, et al., 1995).”

PREVENTION NEEDS RESOURCES

“Consequently, until prevention is granted more resources, programs need to be relatively cheap; and this suggests incorporating them into existing practice routines.”

ERGONOMIC RISK FACTORS TO PREVENT

“A host of ergonomic factors, for example, lifting, heavy work, twisting, bending, manual handling, and repetitive work have been found to be associated with musculoskeletal pain, (Pope, et al., 1991; Skovron, 1992).”

“A recent review of some 60 studies revealed a relationship between musculoskeletal pain problems and job demands, control, monotonous work, time pressure, and perceived workload, (Bongers, et al., 1993).”

“If the problem does not remit within 2 – 4 weeks, a formal screening procedure is suggested.”