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Who falls under this regulation?

Employers with 11 or more employees at any time during the prior calendar year unless industry code is listed on the Partial Exempt List.

When?

Work related injury and illness should be logged on the OSHA 300 within 7 days of knowledge

Deadlines: Feb 1, 2021

You will be required to post only the 2020 Summary 300a form from Feb 1^st through April 30th.

Forms Required:

Employers that are required to maintain Injury and Illness records will need three forms:

• the Log of Work-Related Injuries and Illnesses (OSHA Form 300),
• the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A), and
• the Injury and Illness Incident  Report (OSHA Form 301 or Workers Comp First Report of Injury C2/eFroi).

Instructions:

Watch this 15 min video for a tutorial on completing the Recordkeeping Forms.

Things to Consider:

What type of Injuries or Illnesses are NOT recordable:

• Employee presented as a member of the general public
• Symptoms arising in work environment that are solely due to non-work-related event or exposure, (regardless of where signs or symptoms surface) a case is work-related only if a work event or exposure is a discernable cause of the injury or illness or of a significant aggravation to a pre-existing condition.
• Voluntary participation in wellness program, medical, fitness or recreational activity
• Eating, drinking or preparing food or drink for personal consumption
• Personal tasks outside assigned working hours
• Personal grooming, self medication for non-work-related condition, or intentionally self-inflicted
• Common cold or flu
• Mental illness, unless employee voluntarily provides a medical opinion from a physician or licensed health care professional (PLHCP) having appropriate qualifications and experience that affirms work-relatedness
• Visits to a licensed physician solely for observation or counseling
• Diagnostic procedures including x-rays, MRIs, CT scan
• If no lost time and treatment is not beyond following First Aid List
  • Using nonprescription medication at nonprescription strength
  • Tetanus immunizations
  • Cleaning, flushing, or soaking surface wounds
  • Wound coverings, butterfly bandages, Steri-Strips
  • Hot or cold therapy
  • Non-rigid means of support
  • Temporary immobilization device used to transport accident victims
  • Drilling of fingernail or toenail, draining fluid from blister
  • Eye patches
  • Removing foreign bodies from eye using irrigation or cotton swab
  • Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means
  • Finger guards
  • Massages
  • Drinking fluids for relief of heat stress

Special Consideration:

Travel:

• An injury or illness that occurs while an employee is on travel status is work-related if it occurred while the employee was engaged in work activities in the interest of the employer, otherwise it is not recordable
• Detour for personal reasons is not work-related

Work from Home:

Injuries and illnesses that occur while an employee is working at home are work-related if they:

• occur while the employee is performing work for pay or compensation in the home, and
• are directly related to the performance of work rather than the general home environment

Day counts (days away or days restricted)                  

• • Do not count day of injury/illness
  • Count the number of calendar days the employee was unable to work (include weekend days, holidays, vacation days, etc.)
  • Cap day count at 180 days away and/or days restricted
  • May stop day count if employee leaves company for a reason unrelated to the injury or illness
  • If a medical opinion exists, employer must follow that opinion
  • Logs are to be completed within 7 days of the injury/illness

Incident Rate Calculation –          Total number of injuries & illnesses multiplied by 200,000

divided by number of hours worked by all employees = total recordable case rate

Online Calculator

For more info please visit OSHA.gov or call your Keevily Team.

Who falls under this regulation? 

All Employers

When?

Any time there is a work related death, in-patient hospitalization, amputation or loss of eye.

Deadlines:

• Contact OSHA within 8 hours of a work related fatality.
• Contact OSHA within 24 hours of a work related in-patient hospitalization, amputation or loss of eye.

You have three options for reporting the event:

1. By telephone to the OSHA Area Office nearest to the site of the work-related incident.
2. By telephone to the 24-hour OSHA hotline (1-800-321-OSHA or 1-800-321-6742).
3. Electronically, using the event reporting application on OSHA’s public website.

Be prepared to supply:

• Business name
• Names of employees affected
• Location and time of the incident
• Brief description of the incident
• Contact person
• Phone number

Things to consider:

If there is a in-patient hospitalization, amputation or eye loss you will be required to notify OSHA within the 24 hours, or if there is a fatality, within 8 hours after learning about it.  There are some exceptions:

• If the death occurs more than 30 days after the work related accident
• If the in-patient hospitalization, amputation or loss of an eye that occurs within 24 hours of a work-related incident.
• If the death, in-patient hospitalization, amputation or eye loss occurs as a result of a motor vehicle accident on a public street or highway, but not in a construction work zone you do not have to report to OSHA.
• In-patient hospitalization is also defined as a formal admission to the in-patient service of a hospital or clinic for care or treatment. You do not have to report an in-patient hospitalization that involves only observation or diagnostic testing.  You must only report each in-patient hospitalization that involves care or treatment.
• If the fatality, in-patient hospitalization, amputation, or loss of an eye occurred on a commercial or public transportation system (e.g., airplane, train, subway, or bus).

NOTE: However, in each situation you must still record the event on your OSHA injury and illness records, if you are required to keep OSHA injury and illness records.

For Frequently Asked Questions visit OSHA’s website or call your Keevily Team.

How to Read Your New Bill

A   This box displays a billing summary for the current billing period. Your Total Policy Balance reflects the balance from your last bill and payments, adjustments and fees that occurred during the current billing cycle. Itemized transactions for the current period can be found on the reverse side of your bill under New Transactions and Payments . You must pay the by the date shown to avoid a late fee.

E   Deposit/Rebill is the premium deposit required based on initial information in your application. A rebill reflects any premium deposit adjustment based on new information. This amount must be paid in full.

• Extending the current ELD exemption window for short-haul drivers from 12 to 14 hours in order to be consistent with the general 14-hour driving limit.
• Adding two hours to the 14-hour driving limit window when in adverse conditions. The rule currently allows for 13 hours of driving in adverse conditions instead of the normal 11, but doesn’t expand the window when that driving can take place to account for the extra time.
• Eliminating or revising the 30-minute break requirement. In the notice, the FMCSA also asked carriers how alternatives to a 30-minute break would affect driver safety and provide additional flexibility.
• Allowing drivers with sleeper berths more flexibility when splitting off-duty time. The rules currently require these drivers to spend at least eight of the required 10 off-duty hours in their sleeping berths.

An upstate New York truck driver pleaded guilty this week to perjury after receiving almost $8,000 in workers’ compensation benefits while continuing to work.

Roger Decker, 48, of Lee Center, New York, gave false testimony in a hearing and falsified documents as part of a job application with the state, New York Inspector General Catherine Leahy Scott’s office said.

An investigation found that Decker was injured while working for an Oneida County trucking company in 2004. He began collecting benefits after that and later testified at a Workers’ Compensation Board hearing that he had not worked for more than a decade.

In fact, he worked for at least two trucking companies, Scott’s office reported. In total, Decker received $7,875 in Workers’ Compensation benefits in 2016.

The investigation also found that Decker submitted documents in late 2017 as part of his job application for highway maintenance worker position with the New York State Department of Transportation that falsely indicated he had never been injured while on the job. Decker was terminated from that position upon his arrest in June.

“This defendant’s false testimony and filings were part of a series of fraudulent actions meant solely to enrich himself with financial benefits to which he was not entitled,” Scott said.

Sentencing is set for Oct. 18.

Early in a claim, there may be a question if the injury is work-related. Is the injury a pre-existing condition? Did work actually cause the condition? Is the medical condition directly related to something at work? When these issues arise, adjusters schedule the IME soon after the claim is submitted.

Later in the claim, the adjuster may feel it’s time for the worker to return to modified or regular work. When treatment seems to drag on, an IME may be scheduled. Perhaps the worker had a new, non-work accident. An IME may help sort the work condition from the non-work condition. If the treating doctor awards permanent disability higher than normally expected, an IME may be used to see if the rating is appropriate.

An IME may be scheduled more than once on a claim. The insurance carrier is entitled to examinations at reasonable intervals. If you are concerned about any of these issues and think an IME might help, call us at 1-800-523-5516 to discuss.

Your workers’ compensation insurance carrier is entitled to schedule an independent medical examination, or IME. They may choose any doctor, chiropractor or psychologist. Usually, the adjuster chooses a doctor who specializes in the worker’s injury. The examination may be scheduled at any time during the claim. Once the worker is properly notified of the appointment, he or she must attend. Failure to attend places their claim on hold. Few doctors are willing to perform these examinations. They are in private practice and are not on the staff of the insurance company. Therefore, it may take a few weeks to get an appointment.