Arthur G. Sapper is a former deputy general counsel for the Occupational Safety and Health Review Commission and is a partner in the OSHA Practice Group of McDermott Will & Emery. He has been involved in countless safety inspections and cases related to workplace safety and OSHA injury recordkeeping. From his experience, these are eight of the most common mistakes made on OSHA 300 logs. Remember these tips on your next OSHA inspection!
1. Misunderstanding work restrictions
Often times there is a misunderstanding of what an OSHA-recordable work restriction is. Many employers believe an injury does not need to be recorded if the employee can still perform useful duties. In some cases, employers assign injured employees to perform less physically demanding jobs such as office work. This idea is wrong.
During an OSHA inspection, inspectors will look for the occurrence of one of the two circumstances
- The employer restricts the occupationally injured employee from performing one or more routine job functions
- A health care professional recommends the employee to not perform one or more routine job functions
2. “Light Duty” can be documented as a work restriction
Physicians may recommend occupationally injured employees to perform “light duty” job functions. Unless the employer has confirmation from the physician that the employee can safely perform all routine job functions, employers should document “light duty” recommendations as a work restriction.
3. Omitting the injured employee as a witness
Employers sometimes discount the occupationally injured employee’s version of events because there were “no witnesses”. This is because employers often forget that the occupationally injured employee is also a witness. Always conduct proper investigation and document all findings. Utilize electronic solutions such as safety software to demonstrate safety compliance during OSHA inspections.
4. Excessive reliance on employees to immediately report injuries
Occupationally injured employees should report an injury immediately following the occurrence. Late injury reports may call attention to the employee’s credibility, especially if the failure to report violated the company’s immediate-reporting rule. However, these injuries still need to be recorded. Perhaps the injured employee initially thought the injury was too minor to report but the condition got worse the following day.
5. Misunderstanding Aggravation
Employees with pre-existing health conditions made worse by a workplace event or incident must be recorded as a workplace restriction. Employers can and should be forgiven for aggravated events. Be sure to document all relevant details of the “aggravator”. These details will help the employer’s case in compliance and regulatory fines.
6. “Un-ringing” the bell
Employers may sometimes try to avoid a recordable case by asking a second physician for his opinion on the treatment and recommendations given to the occupationally injured employee from his first physician. This is permitted by OSHA regulations.
However, OSHA has issued interpret
ation letters that state that once the first physician has given treatment to the occupationally injured worker, or the worker has worked under restriction or missed work, the second physician’s recommendation are null.
7. Not recording prescribed medicine or prescription strength medicine as medical treatment
According to OSHA’s recordkeeping rules, prescribed drugs are recordable as medical treatment. Employers must keep in mind that a physician’s recommendation for non-prescription drugs at “prescription strength”
8. Maintaining diligent recordkeeping for long term leave employees
When occupationally injured employees are forced to take a long-term medical leave, it’s imperative that record-keepers continue to document his days away. Sometimes recovery is quicker or later. Be sure to document the recovery process and any work restrictions to the employee along the way. The use of safety software cuts down on the time and energy spent maintaining records.
