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"reporting non-occupational injury and illness"

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For non-occupational injuries and illnesses, the core OSHA recordkeeping rule is that only work-related cases belong on the OSHA 300 Log, 300A Summary, and 301 Incident Report. A non-work-related injury or illness is therefore generally not OSHA-recordable, even if the employee receives medical treatment or files a workers’ compensation claim. Employers should still have an internal incident-reporting process so supervisors can document the facts, determine work-relatedness, preserve confidentiality, and decide whether any other legal or benefit reporting applies. [4] [9]

In practice, employers should separate OSHA recordkeeping from internal reporting and medical documentation.

  • Require employees to promptly report any injury or illness event, including events believed to be off-duty or non-work-related, to a supervisor or designated contact so the employer can evaluate whether work exposure contributed to the case.
  • Document the initial report with date, time, employee statement, where the event occurred, symptoms, witnesses, and whether any work activity, exposure, travel, or workplace violence issue may have contributed.
  • If the case is determined to be work-related and otherwise recordable, complete OSHA Form 301 or an equivalent within 7 calendar days of learning of the case and enter it on the OSHA 300 Log.
  • If the case is determined to be non-work-related, keep the employer’s internal report and any benefit or leave documentation, but do not place it on the OSHA log unless later facts show a work connection.
  • Protect medical confidentiality and limit access to health information to those with a business or legal need to know.

[3] [4] [9] For medical treatment documentation, OSHA Form 301 or an equivalent incident report is the standard record for recordable work-related cases. Equivalent workers’ compensation or insurance forms may be used if they contain the same required information. The form should capture the treating provider, off-site treatment location, emergency-room treatment, inpatient hospitalization status, and a clear description of what the employee was doing, what happened, the injury or illness, and the object or substance involved. Even when a case is ultimately found to be non-occupational, using a similar internal form is a best practice because it supports consistent work-relatedness determinations and later review if facts change. [4] [9] [9]

For first aid cases, OSHA recordability depends on whether the case is work-related and whether it involves only first aid or instead medical treatment beyond first aid, days away, restricted work, job transfer, loss of consciousness, or another recording criterion. If a case is non-work-related, it is not OSHA-recordable regardless of treatment. If it is work-related and the only care provided is OSHA-defined first aid, it is generally not recordable unless another recording criterion applies. [7] [7] [8]

Examples of OSHA first aid treatments include:

  • Nonprescription medication at nonprescription strength
  • Tetanus immunizations
  • Cleaning, flushing, or soaking surface wounds
  • Bandages, gauze, butterfly bandages, or Steri-Strips
  • Hot or cold therapy
  • Elastic wraps or other non-rigid support
  • Temporary immobilization during transport
  • Draining a blister or drilling a nail to relieve pressure
  • Eye patches or irrigation/cotton-swab removal of foreign bodies from the eye
  • Simple splinter removal, finger guards, massage, and fluids for heat stress

[7] A workers’ compensation claim does not by itself decide OSHA recordability. Workers’ compensation systems and OSHA recordkeeping serve different purposes and use different standards. Employers may use workers’ compensation first reports or insurance forms as equivalent documentation for a recordable case if they contain the required information, but they should not assume that every workers’ compensation case is OSHA-recordable, or that every non-compensable case is non-recordable. For non-work-related injuries and illnesses, workers’ compensation generally does not apply unless state law recognizes some employment connection. [4] [6]

For employee reporting procedures, employers should maintain a clear, reasonable reporting system and must not retaliate against employees for reporting work-related injuries or illnesses. Employees should be told who receives reports, how to report after hours, what immediate medical response steps to follow, and what documentation is required. This is especially important where temporary workers are used, because the host employer and staffing agency should coordinate reporting responsibilities and exchange medical information needed for recordkeeping when the host supervises day to day. [1] [5] [5]

For regulatory compliance, employers should keep in mind that OSHA’s reporting and electronic submission rules apply to covered establishments’ work-related injury and illness records, not to purely non-occupational cases. Covered employers may have to submit OSHA 300A, 300, and 301 data electronically depending on establishment size and industry, while partially exempt employers generally do not routinely submit unless specifically notified. If a case is not work-related, it should not be included in those OSHA submissions. [1] [1] [2]

  1. Receive the employee report promptly and provide needed first aid or medical referral.
  2. Determine whether the case is work-related. If it is clearly non-occupational, do not enter it on OSHA 300/300A/301\.
  3. If facts are unclear, investigate promptly, interview the employee and witnesses, and review work tasks, exposures, travel status, and timing before deciding.
  4. Document the determination in writing, including why the case was classified as non-work-related.
  5. If the case is work-related and recordable, complete Form 301 or equivalent within 7 calendar days, enter the case on the OSHA 300 Log, and retain required records.
  6. Maintain supporting documents such as supervisor reports, clinic notes, first-aid logs, and any equivalent workers’ compensation or insurance forms.
  7. Train employees on how to report injuries and illnesses and prohibit retaliation for reporting.
  8. Review state-specific workers’ compensation, leave, and privacy rules, because those may still require documentation or reporting even when OSHA recordkeeping does not.

[9] [6] [1]

9 source record(s)

Sources used for this answer

[1] Best Practices Guide: Fundamentals of a Workplace First-Aid Program

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# Introduction and Purpose (cont.) ## OSHA Requirements (cont.) OSHA www.osha.gov 1910.410 Qualifications of Dive Team 1926.950 Construction Subpart V, Power Transmission and Distribution If an employee is expected to render first aid as part of his or her job duties, the employee is covered by the requirements of the Occupational Exposure to Bloodborne Pathogens standard (29 CFR 1910.1030). This standard includes specific training requirements. A few of the medical emergency procedures mentioned in this guide as first aid may be considered medical treatment for OSHA recordkeeping purposes. The OSHA Recording and Reporting Occupational Injuries and Illnesses regulation (29 CFR 1904) provides specific definitions of first aid and medical treatment. If a medical emergency procedure which is considered by 29 CFR 1904 to be medical treatment is performed on an employee with an occupational injury or illness, then the injury or illness will be regarded as recordable on the OSHA 300 Log. ## First-Aid Supplies It is advisable for the employer to give a specific person the respon- sibility for choosing the types and amounts of first-aid supplies and for maintaining these supplies. The supplies must be adequate, should reflect the kinds of injuries that occur, and must be stored in an area where they are readily available for emergency access. An automated external defibrillator (AED) should be considered when selecting first-aid supplies and equipment. A specific example of the minimal contents of a workplace first- aid kit is described in American National Standards Institute ANSI Z308.1 - 2003, Minimum Requirements for Workplace First Aid Kits. The kits described are suitable for small businesses. For large operations, employers should determine how many first-aid kits are needed, and if it is appropriate to augment the kits with additional first-aid equipment and supplies. Employers who have unique or changing first-aid needs should consider upgrading their fir…

[2] MIOSHA Fact Sheet: Injury and Illness Recordkeeping Requirements for Temporary Workers

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# Injury and Illness Recordkeeping Requirements for Temporary Workers (cont.) ## Standard Reference: (cont.) Page 2 Injury and Illness Recordkeeping Requirements for Temporary Workers Host employers and temporary staffing agencies must communicate before hiring to outline injury reporting procedures for temporary staff and identify each other's responsibilities according to MIOSHA rules. If host employer holds the responsibility for recordkeeping and reporting due to its day-to-day supervision of the temporary employee, then the host employer must receive the necessary medical information from the temporary agency so the host employer can fulfill its reporting and recordkeeping obligations to MIOSHA. ## Reporting Requirements Within 8 hours after the death of any employee from a work-related incident the employer must report to MIOSHA. You must report the fatality by telephone to the MIOSHA's toll-free central telephone number: 1-[redacted phone]. Within 24 hours after the inpatient hospitalization of one or more employees, an employee's amputation, or an employee's loss of an eye, due to a work- related incident, the employers must report to MIOSHA's toll-free central telephone number: 1- [redacted phone] or by electronic submission using the reporting application located on MIOSHA's web site at: LEO Recordkeeping and Reporting (michigan.gov) ## Employee Involvement The MIOSHA Recordkeeping standard also provides for employee involvement related to reporting occupational injuries and illness. Employers must ensure their employees know how to report an injury or illness. Employers must also provide employees and their representatives limited access to injury and illness records. An employer can establish employee involvement by providing a system by which employees can promptly report a work-related injury and illness. ## Recording and Reporting Occupational Injuries and Illnesses Keeping track of accidents, injuries, and illnesses can help prevent them.…

[3] Program Directive: Occupational Injury and Illness Recording and Reporting Requirements, 1904.0 through 1904.46; and Amendments

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# Virginia Occupational Safety & Health (cont.) ## CHANGE IX: Review of 2016 Recording and Reporting Requirement Changes to Part 1904.41 (cont.) and 301 - Injury and Illness Incident Report. b) Establishments with 20 to 249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses must electronically submit annually information from OSHA Form 300A. c) Establishments with fewer than 20 employees at all times during the year do not have to routinely submit information electronically to OSHA. OSHA requires all employers who receive notification from OSHA to electronically submit the requested information from their injury and illness records to OSHA or OSHA's designee. d) OSHA intends to post the data from these submissions on its secure, publicly accessible website at www.osha.gov. It will also remove any Personally Identifiable Information (PII) on the website before the data are released to the public. e) Other significant final rule changes included the addition of an Appendix A to Subpart E of Part 1904, Designated Industries for §1904.41(a)(2) Annual Electronic Submission of OSHA Form 300A Summary of Work-Related Injuries and Illnesses by Establishments With 20 or More Employees but Fewer than 250 Employees in Designated Industries. f) For ensuing years, the annual submission date is July 1st. On November 30, 2017, the Safety and Health Codes Board adopted federal OSHA's final rule delaying the effective date of electronic filing, with an effective date of February 15, 2018. CHANGE VIII: Federal OSHA amended its recordkeeping regulations to clarify that the duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation. The duty to record an injury or illness continues for as long as the employer must keep records of the recordable injury or illness. The duty does not expire just because the employer fails to create the necessary records when first r…

[4] MIOSHA Form 301 - Injury and Illness Incident Report

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MICHIGAN DEPARTMENT OF LABOR & ECONOMIC OPPORTUNITY # INJURY AND ILLNESS INCIDENT REPORT ATTENTION: This form contains information relating to employee health and must be used in a manner that protects the confidentiality of employees to the extent possible while the information is being used for occupational safety and health purposes. # Michigan Department of Labor and Economic Opportunity Michigan Occupational Safety and Health Administration (MIOSHA) Form Approved OMB No. 1218-0176 This Injury and Illness Incident Report is one of the first forms you must fill out when a recordable work- related injury or illness has occurred. Together with the Log of Work-Related injuries and Illnesses and the accompanying Summary, these forms help the employer and MIOSHA develop a picture of the extent and severity of work-related incidents. Within 7 calendar days after you receive information that a recordable work-related injury or illness has occurred, you must fill out this form or an equivalent. Some state workers' compensation, insurance, or other reports may be acceptable substitutes. To be considered an equivalent form, any substitute must contain all the information asked for on this form. According to Public Law of 1970 (P.L. 91-596) and Michigan Occupational Safety and Health Act 154, P.A. 174, Part 11, Michigan Administrative Rule for Recording and Reporting Of Injuries and Illnesses, you must keep this form on file for 5 years following the year to which it pertains. You may be fined for failure to comply. If you need additional copies of this form, you may photocopy and use as many as you need Completed by Title Phone Date ## Information about the employee 1) Full Name 2) Street City State Zip 3) Date of birth 4) Date hired 5) Male Female Information about the physician or other health care professional 6) Name of physician or other health care professional 7) If treatment was given away from the worksite, where was it given? Facility Str…

[5] OSHA Letter of Interpretation | Enforcement Guidance Under OSHA's Recordkeeping Regulation When First Aid, Active Release Techniques (ART), and Exercise/Stretching Are Used to Treat Musculoskeletal Injuries and Illnesses

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# Occupational Safety and Health Administration (cont.) ## First Aid Cases of work-related musculoskeletal injuries and illnesses are generally not recordable if the only treatment given is first aid. First aid is defined in 29 CFR 1904.7(b) (5) (ii) as: • Using a nonprescription medication at nonprescription strength (for medications available in both prescription and non- prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription 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 non-rigid means of support, such as elastic bandages, wraps, non-rigid 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); and • Drinking fluids for relief of heat stress. Section 1904.7(b) (5) (iii) provid…

[6] Cal/OSHA Form 301 - Injury and Illness Incident Report

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# Cal/OSHA Form 301 Appendix C Injury and Illness Incident Report Attention:This form contains information relating to employee health and must be used in a manner that protects the confidentiality of employees to the extent possible while the information is being used for occupational safety and health purposes. See CCR Title 8 [redacted postal code].29(b)(6)-(10) CAL OSHA Department of Industrial Relations Division of Occupational Safety & Health This Injury and Illness Incident Report is one of the first forms you must fill out when a recordable work- related injury or illness has occurred. Together with Log of Work-Related Injuries and Illnesses and the accompanying Annual Summary, these forms help the employer and Cal/OSHA develop a picture of the extent and severity of work-related incidents. Within 7 calendar days after you receive information that a recordable work-related injury or illness has occurred, you must fill out this form or an equivalent. Some state workers' compensation, insurance, or other reports may be acceptable substitutes. To be considered an equivalent form, any substitute must contain all the instructions and information asked for on this form. Information about the employee ## Information about the case According to CCR Title 8 Section [redacted postal code].33 Cal/OSHA's recordkeeping rule, you must keep this form on file for 5 years following the year to which it pertains. Completed by Title 10) Case number from the Log (Transfer the case number from the Log after you record the case.) 1) Full name Date 2) Street City State ZIP 3) Date of birth 4) Date hired 5) Male Female Information about the physician or other health care professional If you need additional copies of this form, you may photocopy and use as many as you need. 6) Name of physician or other health care professional 7) If treatment was given away from the worksite, where was it given? Facility Street City State ZIP 8) Was employee treated in an…

[7] MOSH Instructions | Injury and Illness Recordkeeping National Emphasis Program (RK NEP)

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# MANAGEMENT/COMPANY REPRESENTATIVE INTERVIEW QUESTIONNAIRE Name of establishment being inspected: <empty> Full Name: <empty> Job Title: <empty> Date of Interview: <empty> 1. Does the company maintain a record of occupational injuries and illnesses?: [ ] Yes [ ] No 2. What are the name and job title of the individual(s) who maintain this information?: <empty> 3. Does the company have a computerized recordkeeping system? [ ] Yes [ ] No 4. a) Does the company have other establishments or locations? [ ] Yes [ ] No b) If yes, do you use centralized recordkeeping? [ ] Yes [ ] No 5. Do you have a completed OSHA Form 300 Log and OSHA Form 300A Summary of Occupational Injuries and Illnesses, for the calendar years: <empty>? [ ] Yes [ ] No 6. When an employee experiences a work-related injury or illness, to whom do they make the first report of injury or illness? (List name and/or job title): <empty> 7. a) Does the company investigate the circumstances of occupational injuries and illnesses? [ ] Yes [ ] No b) If yes, is a written report produced? [ ] Yes [ ] No 8. a) Does the company have on-site first-aid staff? [ ] Yes [ ] No b) Does the company have on-site medical staff? [ ] Yes [ ] No b) If yes, what is their level of medical training?: <empty> c) If no, who provides treatment? [ ] Employee's personal physician [ ] Offsite company healthcare professional [ ] Ambulance Staff (EMT, Paramedic) [ ] Health clinic or hospital [ ] Other healthcare provider: <empty> 9. a) Does the company use temporary help agency workers? [ ] Yes [ ] No b) If yes, does the company supervise them on a daily basis? [ ] Yes [ ] No c) If yes, are their injuries and illnesses recorded on your OSHA Log? [ ] Yes [ ] No 10. Does the company have any incentive programs, disciplinary programs, contests, or promotions tied to injuries and illnesses? (If written policy, please provide copy): <empty> 11. Did you inform your employees how to report work-related injuries and illnesses? How?: <…

[8] Program Directive: Occupational Injury and Illness Recording and Reporting Requirements, 1904.0 through 1904.46; and Amendments

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# Improve Tracking of Workplace Injuries and Illnesses, §§1904.35, 1904.36, and 1904.41; Final Rule; and Correction to §1904.35(b)(2) (cont.) ## $ 1904.35 Employee involvement. (cont.) [redacted postal code] Federal Register/Vol. 81, No. 92/Thursday, May 12, 2016/Rules and Regulations. (B) Employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses; and (iv) You must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness. (2) [Reserved] ■■3. Revise § 1904.36 to read as follows: ## §1904.36 Prohibition against discrimination. In addition to § 1904.35, section 11(c) of the OSH Act also prohibits you from discriminating against an employee for reporting a work-r -related fatality, injury, or illness. That provision of the Act also protects the employee who files a safety and health complaint, asks for access to the part 1904 records, or otherwise exercises any rights afforded by the OSH Act. ## Subpart E-Reporting Fatality, Injury and Illness Information to the Government ## ■5. Revise § 1904.41 to read as follows: ## §1904.41 Electronic submission of injury and illness records to OSHA. (a) Basic requirements-(1) Annual electronic submission of part 1904 records by establishments with 250 or more employees. If your establishment had 250 or more employees a sat any time during the previous calendar year, and this part requires your establishment to keep records, then you must electronically submit information from the three recordkeeping forms that you keep under this part (OSHA Form 300A Summary of of Work-Related Injuries and Illnesses, OSHA Form 300 Log of Work- Related Injuries and Illnesses, and OSHA Form 301 Injury and 1 Illness Incident Report) to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the after the calendar year after …

[9] MOSH Instructions | Injury and Illness Recordkeeping National Emphasis Program (RK NEP)

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# APPENDIX B # Cover Letters # Letter to Employers Dear (Employer): Your workplace has been scheduled for a records and workplace inspection as part of OSHA's initiative to assess the quality of injury and illness data recorded by employers, as outlined in the Injury and Illness Recordkeeping National Emphasis Program. This letter explains how your establishment was selected for an inspection under this program and the procedures that will be followed. Your establishment was selected from a list of low rate establishments in high rate industries (your establishment was identified as low rate using injury and illness data you supplied to OSHA through our annual injury and illness data collection). This inspection will consist of three main parts: a records review for CY 2007 and CY 2008, interviews, and a walkaround (safety and health inspection) of the workplace. Each item is discussed below. Your records from CY 2007 and CY 2008 will be intensively reviewed. As part of the review to inspect the accuracy and completeness of your company's OSHA Form 300, the MOSH compliance officer will ask you to furnish the following information: 1. Your 2007 employee roster(s). (The roster is to include labor, executive, hourly workers, salary workers, part-time workers, seasonal workers, and temporary workers that your firm directly supervised during the referenced year.) 2. Your 2007 and 2008 OSHA Form 300, Form 300A, and corresponding Form 301s. (Please note for data entry purposes the CSHO shall request three calendar years of the Form 300 and current year). 3. Workers' Compensation First Reports of Injury for employees. 4. Medical records for employees (To protect the privacy of medical records, a formal written Medical Access Order is attached. It explains this process more fully.) - In addition, the compliance officer will need to see other related records for employees such as, but not limited to, nurse/doctor/clinic logs, company first-aid reports, company acc…

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