Masonry Magazine November 2001 Page. 17
all stakeholders... OSHA of the 21st Century will be a "value add" agency."
Director Henshaw recognizes the need for enforcement, but feels OSHA has many tools to improve safety and health in the workplace. He has four priorities. First, he wants to ensure OSHA is recognized as the leader on safety and health both nationally and internationally. Second, he believes in "strong, effective and fair enforcement." OSHA staff should be experts in safety and health. Training compliance officers will be paramount. Outreach is his third priority. Here he believes is the best opportunity to reduce injuries and illnesses. Compliance assistance will be a key component of his administration. Help will be sought from outside resources. Finally, he hopes to encourage voluntary compliance efforts. Industry can expect to see OSHA's partnership efforts with associations to continue.
The concern over communicating safety and health to workers was added to his list as a side note. A reference in his speech was made to immigrant workers. Pointing to the latest census, he noted the increase in fatalities among Hispanic workers last year. A strategy may be developed "to help employers provide safety and health information and training for these workers to prevent injuries, illnesses and fatalities."
Keeping the new administration in mind, particularly Henshaw's priorities, we can now review the regulatory agenda. There are a number of construction related rules on the list. The three most significant to the masonry industry are silica, ergonomics and recordkeeping. Their importance lies in the status as well as potential impact. Recordkeeping is effective January 1, 2002. Contractors must learn how to comply with this new rule. Although the new rules on silica and ergonomics are at various stages, their status demands attention. Dependent upon the procedures that may be mandated, the standards will have a tremendous impact on our industry. Other rules based on their status or relationship to masonry activities will be addressed accordingly.
RECORDKEEPING
This new rule had a number of false starts. It was initially released in early 2001. After an executive freeze and delayed reviews by the Office of Management and Budget, it is finally here. Mason contractors will need to begin recording injuries and illnesses according to the new rule effective January 1, 2002. There are only two exceptions. First, OSHA is delaying for one year the record keeping rule's definition of "musculoskeletal disorder" (MSD) and the requirement that employers check the MSD column on the OSHA Log. Second, the criteria for recording work-related hearing loss is delayed. With respect to the balance of the requirements, a comparison of the old verses new will provide a better understanding of what is expected. The purpose of the revised rule is to produce better information and simplify the process. New forms have been developed. The old OSHA 200 Log and Summary of Injuries and Illnesses will be replaced by the OSHA 300 and 300A. The OSHA 300 is a simplified log and the 300A a summary. The change from the OSHA 201 to 301 is almost insignificant. As in the past, OSHA generally accepts your workers comp incident report in place of this form.
Many of the parameters surrounding the new rule are the same as the old. OSHA continues to focus on high hazard industries, such as construction. Low-hazard retail, service, finance, insurance and real estate employers are exempt from the majority of the requirements. Employers with 10 or less employees are also exempt. Unless OSHA specifically requests logs be maintained, these employers do not need to keep data. However, all employers must notify OSHA within eight hours of a fatality or catastrophe in which three or more employees are hospitalized.
Consistent with the old rule, applicable employers must record and report work-related fatalities, injuries and illnesses. With both rules, a work-related death or an injury which results in days away; restricted work or transfer to another job; medical treatment beyond first aid or loss of consciousness must be recorded. The qualification for an illness has changed. The new rule requires that the same criteria used for injuries be used for illnesses.
When it comes to deciding whether the death, injury or illness is work-related, there are a number of changes. The old rule presumed a work relationship if it occurred on the premises. The new rule states that an event or exposure in the work environment must cause or contribute to the condition or significantly aggravated a pre-existing condition. Specific exemptions are given for injuries resulting from personal activities which occur in the workplace, such as eating and drinking of food and beverages, common colds and flu, blood donations, exercise programs, mental illnesses, etc.
A totally new set of recording criteria has been added which involves new classifications of injuries and illnesses. An incident involving a needlestick or a cut with an object, which may have been contaminated with another's blood, must be recorded and the classification noted. Certain OSHA standards require the removal of employees from an exposure when testing shows employees may be at risk (ex. lead.) When medical removal occurs, it must be noted on the log. A tuberculosis infection evidenced by a positive skin test must be recorded.
On both logs, lost and restricted days must be counted beginning with the day following the injury or illness. But, the similarity ends here. The new rule counts calendar days as opposed to workdays. Employers may discontinue counting at 180 days.
A new privacy requirement protects employees. The new rule prohibits employers from entering an individual's name for certain types of injuries/illnesses (e.g., sexual assaults, HIV infections, mental illnesses, etc.). It allows employers the right not to describe the nature of sensitive injuries where the employee's identity would be known. And, it requires employers to remove employees' names before providing (more on page 19)