Document XRVQ2dM8pYBzvRj6oZM8Yw2OB

0> ^ * 'LAINTIFF'S EXHIBIT MGC-456 TO: FROM THE DESK OF: JACK RYBURN (.L/tLs -- DATE : V . t ecs /^ v (3(jt^ob(ro 2 - ` ~/c> Cgyx^ & / yi<oik^ uj&ftik, 7~h. p-tlCou* : - W/^- McGCon 1958 Kei.oicky Labor Cabinet Department of Workplace Standards Occupational Safety and Health Program Division of Compliance Frankfort, KY 40601 Citation and Notification of Penalty 1 1. Type ol Vioiation(s) | 2. Citation Number APR19 igar 3. Issuance Date 4. Inspection plumber 04/18/89 104339841 5. Reporting 10 8CSH0ID The violation(s) described in this Citation are alleged to have oc curred on or about the day the Inspection was made unless 1 otherwise indicated within the description given below 0452110 7. Optional Report No. ____ 030-89 10. Inspection Oate(s): S0062 Stage No. 1 of 1 Rpri mm_____ ___________ QJ___________ 11. Inspection Site: 3/7/89 - 3/14/89 9.To: McGraw Construction Co.? and its successors P. 0. Box 2803 Ashland, KY 41101 Inc. Armcoi Inc., U. S. 23 N. Ashland, KY 41101 RECEIVED nrR 2 f 1389 Penalties Am Due Within is Mating Days of Receipt of This Notification Unless Contested THE LAW REQUIRES that a copy of this citation be prominently posted in a conspicuous place at or near each place that an alleged violation referred to in the citation occurred. The Citation must remain posted until all alleged violations cited therein are corrected, or for 3 working days*, whichever period is longer. This Citation describes violations of the Provisions of KRS Chapter 338. The penalties) listed below are based on these violations. You must correct the violations referred to in this Citation by the date listed below and pay the penalties proposed, unless within 15 working days (excluding weekends, State and Federal holidays) from your receipt of this Citation you mail a notice of contest to the Kentucky Labor Cabinet at the address shown above. 12. Mem Number 13. Standard. Regulation or Section of the Act Violated 603 KAR 2:020 adopts by reference 29 CFR Perl 1910 603 KAR 2:030 adopts by reference 29 CFR Part 1926 14. Description IS. Date by Which Violation Must Be Abated 116. Penally | 1 i =9 CFR 1926.859(g): During demolition, continuing inspection by a competent person was not made as the work progressed to detect hazards resulting from loosened material and such hazards were not corrected by shoring, bracing, or other effective means: (a) Stainless steel heat shield approximately thirty-five feet long which was attached to a girder at Armco, Inc. Building 783 was not inspected for stability and collapsed, injuring three (3) employees. 03/07/89 420.00 | K i i i i i Any employee or representative ol employees, whose employer has received a citation, may lile a written notice of contest with the Division ol Compliance conlesling the citation, the abatement period or the penalty. All such notices ol contest shall be postmarked within 15 working days ol the receipt by the employer o( the citation and notice of proposed penalty. "No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Chapter or has testified or is about to testify in such proceeding or because of the exercise by such employee on behall of himself or others of any right afforded by this Chapter." KRS 338 i2l(3)(a). *803 KAR 2:040 the term "Working Day" means Mondays through Friday but does not include Saturdays, Sundays, Federal or State holidays. CITATION ANO NOTIFICATION OF PENALTY ORIGINAL COPY KYOSH-2 (Rev 1/84) Family lor Thli Citation M.h. CMC* o. Ord* Psvtlito to: "KtTifrilegMeuincf#*S*'lit* InInspdteccettieon Number Remoitntance RECEIVED APR 2 1 1989 MCGRAW CONSTRUCTION COMRANY.INC./ ENGINEERS & CONSTRUCTORS MEMORANDUM CONT. NO. 1465 TO: FROM: SUBJECT: C.J. Rybum R. F. Austin Kentucky OSHA Citation Accident of February 21, 1989 DATE: April 20, 1989 Attached is the citation and notification of penalty we received from the Kentucky OSHA office concerning the job accident of February 21, 1989. I have also attached copies of the three (3) memos recording Mr. Conley's, Kentucky OSHA investigator, site visits. Payment of this penalty is due to the Kentucky Labor Cabinet by Friday, May 5, 1989. Ronald F. Austin Project Manager RFA/jc Attachments McGCon 1960 Kentucky Labor Cabinet Department ol Workplace Standards Occupational Safety and Health Program division of Compliance Frankfort. KY 40601 Citation and Notification of Penalty 1. Type ol Violation(s) 1 2. Citation Number APR t 9 198$ The violations) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given beiow. 3. Issuance Date 4. Inspection Number 04/18/89 104339841 5. Reporting ID 6. CSHO ID 0452110 7. Optional Report No. S0062 8. Page No. ____ 030-69 1 of 1 10. Inspection Date(s): Rpri niic._____ ___________ol___________ 11. Inspection Site: 3/7/89 - 3/14/89 9. To: McGraw Construction Co., and its successors P. 0. Box 2803 Ash1 ana, KY 41101 Inc. Armco, Inc., U. S. S3 N. Ashland) KY 41101 Penalties Are Due Within IS Working Oays of Receipt of This Notification Unless Contested THE LAW REQUIRES that a copy of this citation be prominently posted in a conspicuous place at or near each place that an alleged violation referred to in the citation occurred. The Citation must remain posted until all alleged violations cited therein are corrected, or for 3 working days', whichever period is longer. This Citation describes violations of the Provisions of KRS Chapter 338. The penalty(ies) listed below are based on these violations. You must correct the violations referred to in this Citation by the date listed below and pay the penalties proposed, unless within 15 working days (excluding weekends, Slate and Federal holidays) from your receipt of this Citation you mail a notice of contest to the Kentucky Labor Cabinet at the address shown above. 12. Item Number 13. Standard. Regulation or Section of the Act Violated 803 KAR 2 020 adopts by relerence 29 CFR Part t9t0 803 KAR 2 030 adopts by teterence 29 CFR Part t926 14. Description IS. Date by Which Violation Must Be Abated 16. Penalty * CFR 1926.859(g): During demolition, continuing inspection Dv a ompetent person was not made as the work progressed to detect hazards esulting from loosened material and such hazards were not corrected by horing, bracing, or other effective means: 'a) Stainless steel heat shield approximately thirty-five feet long which was attached to a girder at Armco, Inc. Building 783 was not inspected for stability and collapsed, injuring three (3) employees. 03/07/89 420.00 i i i i i i i i i McGCon 1961 7. Director ol Compliance Program Manager RIGHTS OF EMPLOYEES Any employee or representalive of employees, whose employer has received a cilalion. may file a written notice ol contest with the Division ol Compliance contesting the citation, the abatement period or the penalty. All such notices of contest shall be postmarked within 15 working days ol the receipt by the employer of the citation and notice ol proposed penalty No person shall discharge or in any manner discriminate against any employee because such employee has filed any kiomplamt or instituted or caused to be instituted any proceeding under or related to this Chapter or has testified or is fabou: to testily in such proceeding or because ol the exercise by such emp.oyee on behalf of himsell or others ol any right jflorded by this Chapter." KRS 338.i2i(3)(a). 803 KAR 2:040 the term "Working Day" means Mondays through Friday but does not include Saturdays, Sundays. Federal or State holidays. XTATION AND NOTIFICATION OF PENALTY ORIGINAL COPY KYOSH-2 (Rev MB*) 18. % . 00 Total Penalty for This Cilalion Mtfco CKocfc or UoTMy OfdOf "Kentucky SUto IndtcaU InNtpuomcbtelorn on RrVtUnco NOTIFICATION OF ABATEMENT OF APPARENT VIOLATIONS RETURN THIS FORM TO: Kentucky Labor Cabinet Division of OSH Compliance U.S. Highway 127 South Frankfort, Kentucky 40601 Phone: 502-564-7360 Companv:McGraw Construction Co. . Inc. Address: P 0 Box 2803 Report Number: Ashland, KY 41101_____________________ CSHO Number: S0062 030/89 Date of Inso.: 3/7,14/89 DATE BY WHICH ALLEGED VIOLATION(S) MUST BE CORRECTED: March 7, 1989 Citation Number 1 Item No. 1 Date Corrected 02/21/89 Description of Corrective Action Taken McGraw Construction Company, Inc. has assigned competent personnel to inspect all structural demolition and erection to prevent, to the best of our abilities, such an accident from occurring in the future. McGraw Construction Ashland Field Office has reorganized the weekly safety meetings held with craft and office personnel. The new split safety meeting schedule of 50% at 7:30 a.m. and 50% at noon every Monday, allows our safety personnel to better stress all the items necessary to complete an accident free construction project. NOTE: This form, when completed, provides notification that the apparent violation(s) discovered during our 2insp^ectiCon olf your facility has (have) been corrected. SIGNATURE: TITLE: _ /L DATE: >v? c- McGCon 1962 KENTUCKY LABOR CABINET Occupational Safety & Health Program Division of Compliance Frankfort, Kentucky 40601 IMPORTANT READ THE FOLLOWING Subject: Citation(s) for Alleged Occupational Safety and Health Violation(s) An inspection of a workplace under your operation, ownership, control, or where you have employees working has revealed condi tions which we believe do not comply with the provisions of KRS Chapter 338 (Kentucky Occupational Safety and Health Act of 1972). The nature of such alleged violation(s) is described in the enclosed citation(s) with references to applicable standards, rules, regulations, and provisions of the said Chapter. These conditions must be corrected on or before the date shown to the right side of each violation therein. 803 KAR 2:125 requires that a copy of the enclosed citation(s) be prominently posted "in a conspicuous place upon receipt" at or near each place a violation referred to in the citation(s) occurred. It must remain posted until alt violations cited therein are corrected, or for three working days*, whichever period is longer. A sufficient number of copies of the attached citation(s) should be prepared to permit posting in accordance with the requirements of said regulation. KRS Chapter 338 provides for penalties for violation(s) of the posting requirements. If you contest the citation(s) you may post a notice to this effect near the citation(s) contested. You have a right to request an informal conference with the Division of OSH Compliance concerning the results of the inspection (citation, penalty, abatement dates, etc.). Please direct correspondence to the office at the address listed above or call 502-564-7360 to request such conference. Please note that the informal conference should be held within 15 working day* period from the date of your receipt of the citation(s) for reasons noted in the following paragraph. Therefore, the request for the conference should be made as soon as possible following receipt of the citalion(s). If a penalty(ies) has been proposed as a result of the cited violation(s), it is contained within the enclosed citation(s). You have the right to contest the citation(s), the proposed penalty(ies), or both, before the Kentucky Occupational Safety and Health Review Commis sion. The Review Commission is an independent quasi-judicial agency with authority to issue decisions regarding citation(s) and proposed penalty(ies). IF YOU DO CONTEST, YOU MUST SO NOTIFY THE DIVISION OF OSH COMPLIANCE WITHIN 15 WORKING DAYS* AFTER RECEIPT OF THE NOTICE REGARDING ALLEGED VIOLATION(S) AND/OR PROPOSED PENALTY(IES). If you fail to contest within the 15 working day period, the citation(s) and the proposed assessment of penalty(ies) shall be deemed to be a final order of the Review Commission and not subject to review by any court or agency. If an employer contests the cilation(s), the abatement period specified therein does not begin to run until the date of the Commission's final order in the case PROVIDED the employer initiated his contest in good faith and not solely for delay or avoidance of penalties. An employee or representative of employees may file a written notice to contest the citation(s) and/or penalty(ies) within 15 working days* after receipt of the citation(s). Contest filed by an employee or representative of employees will not suspend the abatement period specified in the citation(s). Alleged violation(s) that are not contested shall be corrected within the abatement period specified in the citation. A follow-up inspec tion may be made for the purpose of ascertaining that the employer has posted the citation(s) as required by KRS Chapter 338 and cor rected the alleged violation(s) and the date of such action. Failure to correct an alleged violation(s) within the abatement period may result in a further proposed assessment of penalties. Full credit where feasible has been applied to the assessment of penalty(ies). Timely correc tion of an alleged violation(s) does not further alter the proposed penalty(ies) shown. Correction of alleged violation(s) which have an abatement period of 30 days or less should be reported in writing to the Director of Compliance promptly upon correction. Reports of corrections should show specific corrective action on each such alleged violation and the date of such action. On alleged violation(s) having an abatement date of more than 90 working days*, a written progress report should be submitted at the end of each 90 day period. The progress report should detail what has been done, what remains to be done, and the time needed lo fully abate each violation. When the alleged violalion(s) is fully ahated, the Director of Compliance shall be so advised. KRS 338 provides that whoever knowingly gives false information pursuant to matters contained in this Chapter is subjected to a fine of not more than $10,000, imprisonment up to 6 months, or both. If you wish additional information, you may direct such requests to the address listed above. Under the Occupational Safety and Health Act, the term "Working Day" means Mondays through Fridays but does not include Saturdays. Sundays, State or Federal Holidays. McGCon 1963 K Y-OSH-2C Rrvttcd 1-16 MCGRAW CONSTRUCTION COMPANY,INC./ ENGINEERS 8. CONSTRUCTORS MEMORANDUM CONT. NO. 1465 TO: FROM: SUBJECT: C.J. Rybum L.E. Walsh KOSHA Visit DATE: March 14, 1989 At 1:10 p.m. this afternoon, Mr. Scott Conley, KOSHA Investigator, and Mr. Charles Holman, Arnco Safety Technician (observer only) , arrived on-site'. We made a thirty (30) minute walk through of the job site - there were no violations; "everything lodes in order". At 1:40 p.m. Mr. Conley held a private meeting with the Ironworkers Steward, Mr. Doug Daniel, and the Laborers Steward, Mr. Bob Corey. After his private meeting with the Stewards, Mr. Conley discussed the only possible violation that McGraw could be cited with. It is procedure 1926.859 (g) - Overstress of Structural Steel under Demolition and Lack of Proper Inspection. Mr. Conley left us copies of Post Inspection Guide, Kentucky OSHA Standards, and Kentucky OSHA Standards Supplements. Mr. Conley said we would receive a copy of his report and possible violation as soon as it was processed by the Main KOSHA Office. LeRoy E. Walsh Mechanical Superintendent Ronald F. Austin Project Manager LEW/jc cc: D.H. Kramer J.F. Crum R. Chesbro File 1465 McGCon 1964 MCGRAW CONSTRUCTION COMPANY.INC/ENGINEERS & CONSTRUCTORS MEMORANDUM CONT. NO. 1465 TO: FROM: SUBJECT: C.J. Rybum L.E. Walsh KOSHA Visit DATE: March 14, 1989 At 9:50 a.m. Mr. Scott Conley, Kentucky OSHA Investigator, and Mr. Charles M. Holman, Armco Safety Technician, were on-site. Mr. Holman was present as an observer only. Mr. Conley, Mr. Holman and myself drove to the scrap yard to examine the heat shield that fell causing the February 21, 1989 accident. Mr. Conley measured the piece for length and inspected it. After the inspection, we returned to the job site and took a walk through inspection of approximately fifteen (15) minutes. Mr. Conley stated that everything looked in order and that he would return on Tuesday, March 14, 1989 to conplete the paperwork on the accident. LeRoy E. Walsh Mechanical Superintendent Ronald F.' Austin Project Manager LEW/jc cc: D.H. Kramer J.F. Krum R. Chesbro File 1465 McGCon 1965 McGRAW CONSTRUCTION COMPANY,INC./ENGINEERS & CONSTRUCTORS MEMORANDUM CONT. NO. 1465 TO: FROM: SUBJECT: c.J. Rybum L.E. Walsh Incident Report DATE: March 8( 1989 Reference: Accident of February 21, 1989 At 2:10 p.m. on Tuesday, March 7, 1989 Mr. Scott Conley, State of Kentucky OSHA Inspector, was on-site to investigate the accident of February 21, 1989 in building 783. He was accoqpanied by Mr. Jim Hodges of Armco Safety Department. Mr. Hodges was along as an observer only. Mr. Conley requested to see our 1989 and 1988 OSHA Accident Logs and the accident reports for the three men involved in the February 21, 1989 accident. Mr. Conley then interviewed Mr. Angell and Mr. See, in private, concerning the accident. Mr. Conley said he would call and set up an interview with Mr. McCoy. At 2:45 p.m. Mr. Conley, Mr. Hodges and nyself walked through the job site to the area where the accident occurred. Mr. Conley made corrments on the use of one grinder without guard and lack of full face shield by two men using surface grinders. He said the job looked very well kept and that he would be returning on Monday, March 13, 1989 for a conplete inspection of the job site. LeRoy E. Walsh Mechanical Superintendent Ronald F. Austin Project Manager LEW/jc cc: D.H. Kramer R. Chesbro J.F. Crum File 1465 McGCon 1966 MCGRAW CONSTRUCTION COMPANY,INC/ENGINEERS & CONSTRUCTORS MEMORANDUM CONT. NO. 1465 TO: FROM: SUBJECT: C.J. Fybum l.E. Walsh KQSHA Visit DATE: March 14, 1989 At 9:50 a.m. Mr. Scott Conley, Kentucky OSHA Investigator, and Mr. Charles M. Holman, Armco Safety Technician, were on-site. Mr. Holman was present as an observer ccily. Mr. Conley, Mr. Holman and rryself drove to the scrap yard to examine the heat shield that fell causing the February 21, 1989 accident. Mr. Conley measured the piece for length and inspected it. After the inspection, we returned to the job site and took a walk through inspection of approximately fifteen (15) minutes. Mr. Conley stated that everything looked in order and that he would return on Tuesday, March 14, 1989 to conplete the paperwork on the accident. LeRoy E. Walsh Mechanical Superintendent Ronald F.' Austin Project Manager LEW/jc cc: D.H. Kramer J.F. Krum R. Chesbro File 1465 McGCon 1967 MCGRAW CONSTRUCTION COMPANY,INQ/ ENGINEERS & CONSTRUCTORS MEMORANDUM CONT. NO. TO FROM SUBJECT 1465 C. J. Rybum L.E. Walsh KOSHA Visit DATE: March 14, 1989 At 1:10 p.m. this afternoon, Mr. Scott Conley, KOSHA Investigator, and Mr. Charles Holman, Armco Safety Technician (observer only), arrived on-site. We made a thirty (30) minute walk through of the job site - there were no violations; "everything looks in order". At 1:40 p.m. Mr. Conley held a private meeting with the Ironworkers Steward, Mr. Doug Daniel, and the Laborers Steward, Mr. Bob Corey. After his private meeting with the Stewards, Mr. Conley discussed the only possible violation that McGraw could be cited with. It is procedure 1926.859 (g) - Overstress of Structural Steel under Demolition and Lack of Proper Inspection. Mr. Ccnley left us copies of Post Inspection Guide, Kentucky OSHA Standards, and Kentucky OSHA Standards Supplements. Mr. Ccnley said we would receive a copy of his report and possible violation as soon as it was processed by the Main KOSHA Office. LeEoy E. Walsh Mechanical Superintendent wy________ Ronald F. Austin Project Manager LEW/jc cc: D.H. Kramer J.F. Crum R. Chesbro File 1465 McGCon 1968 McGRAW CONSTRUCTION COMPANY.INQ/ENGINEERS & CONSTRUCTORS MEMORANDUM CONT. NO. TO: FROM: SUBJECT: 1429, 1430, 14 50\ R. S. Slade y DATE: 01-24-89 C. J. Ryburn OSHA CITATION AND NOTIFICATION OF PENALTY INSPECTION #017731688 DATED 01-18-89 Please provide the response required for the attached citation. Since no monetary penalty was assessed, you will not be required to send a check. CJR/cao Attachments D. H . Kramer L . J . Warner N . R . Patel M . A . Bach C . J . Vanderpool K. R . Blevins V . N. Handley McGCon 1969 U.S. Department of Labor Occupational Salety & Health Administration Room 324, FBUSCH 550 West Fort Street, Box 007 Boise. Idaho 83724 Telephone: (208) 334-1867 Reply to the Attention o(: Mu Craw Construction Company Post Office box 370 Midd .1 c i.on . '.Ill ;lbu!l. Inc. 'dear ir : l-.nc io.ied v.'u win : uhJ ;ia:,!Oii:-i for viciat, ions of the Occupational Safety amt Hr.iitn Act. ii IVVO it. he Ai:i J wnich may have ac coidijj n y i ng proposed ye nan urs . A::.' cm.. Lusted ;s a book let wmcn explains: your rights and r e'J po nt; tj t 11 u:s unde:' the Act.. i l" you nave any questions about the one .ioci": . 'tut- ions aim penal!, c.: . i wee, m welcome further discussion in re r roi i a 'av ! i 11 -ph'me . You wi : note on rape -J of the PouKJct. that., tor violations-; which you do nut contest, you must, ti 1 notify this office promptly by letter that you have taken aupropi'iat.t: corrective action within the time set forth on the cuat.iun : and pay any tuvrialt ies. assessed. please inform me of the abatement steps you nave taken and of t.hoir dates together with adequate supportmi' documentation; e.g., drawings or' photographs of corrected coiKt 11. ions .pure ha so/work orders related to abatement actions .air' sampling result;;, fills i n far- nti t ion './ill a.iiow us to close the case. As indicated ni pane h; or t.ne booklet, you may request an informal conference with me during me I h-wot'kind-clay notice of contest period. Duri np sue li an informal conterence you may present any evidence or views which you believe would support an ad. lusuiiont. to the citation or the penalty. If you arc considering a request for an informal conference to discuss any issues related to th is Citation and Notification of Penalty, you must take care to 'Uio.mii: it o.iriv enough to allow time to contest after the imormai rent eri-uco . s non id you decide to do so. Please keep in mind that a written setter < i 1111 i: to contest must be submitted to the Aren Hirer r oi w u h m !'.. wot dun! days ol your receipt of the citation. The ruimuii-: ol Lh is . miLo.it period is nut. interrupted by an informal conference You must take care to schedule it early enough to allow time to contest niter the mlormai conference, should you decide to do so. McGCon 1970 II you decide co r u> pie .311 informal r.om'erenci: , please complete the attached notice .-it the nottoni of tills letter and post it next to the citation;; as soon as the time. dale, and mace ol the informal conference have been determined. be sure to bring to the conference with you any and all supporting doc u me r. t. u t ion 01 existing conditions is well as of any abatement steps taken thus far. 11 conditions warrant, we can enter into an informal settlement agreement which amicably resolves this matter without litigation or' contest. Siucereiy. .Area iurector Enc losures McGCon 1971 lOi TO LJ?PL.QVg.tS An ;ii;'orinji ccuU'sreiice h.is been sc hed u led with OSHA to discuss the cit ation:-.; issued on Janusi y id. i'/HIV. The conference will be held at the U IS HA office located at Federal Buildinfi/USCH - Room 32M, Boise, ID on __________ __________________ at _ _____________________ . McGCon 1972 N 0 T I C l: Put svi.il> i t i.' uu' Debt Colluc t. ion Act ol` 1902 (Public Law 97-dfeb) and reguiet. ions of the Department or Labor (29 CFR Part 20), effective inarch 8, i98b, iin: (Jrcupat. lonai Safety and Health Administration is required to assess interest., penalties, ana fees to cover the administrative costs of collecting delinquent penalties for violations of the Occupational Safety and Health Act. Interest charges are assessed at an annual rate determined by the Secretary of the Treasury. This rate is currently t> 7.. Interest shall accrue from the date on which the. citation and penalty (as proposed or adjusted) became <i final order of the Occupational Safety and He.ilv.n Review Commission (that is. 1b working days from your receipt of the citation and proposed 'penalty, uni ess you file a notice of contest). Interest cnarges shall be waived if the full amount owed is paid within 30 days oi the final order. Alter TO calendar days, the debt, shall, be delinquent, unless a satisfactory payment arrangement has been made. Agencies of the Department of Labor- are required to assess the administrative costs of recovering delinquent debts, it the debt re-mam:.; delinquent. tor more t.han yO calendar days, an additional penalty of six percent, (o'/,) per- annum shall be assessed accruing from the d.it.e tnat. the debt became delinquent.. To avoid additional charges, please remit payment promptly to this Area 01'i ice for the total amount of the uncontested penalties shown on the citation. Hoke your check or money order payable to: "POL- OSHA." Please indicate OSHA's I napec Uon Number, and Re.BQrting._I_ U (see citation) on the remittance. Sincerely, Rvan L. Kuehmichc: Area Director Date: January 18, 1989 McGCon 1973 M J- /> McGRAW CONSTRUCTION COMPANY,INC,/ ENGINEERS & CONSTRUCTORS MEMORANDUM CONT. NO. DATE: 01-18-89 TO: FROM: SUBJECT: DISTRIBUTIO C. J. Rybu OSHA REPORTING^ REQUIREMENTS, WORKERS COMPENSATION REPORTING REQUIREMENTS AND McGRAW REPORTING REQUIREMENTS AS APPLIES TO ACCIDENTS AND INCIDENTS ON McGRAW PROJECTS The following requirements for OSHA reporting are to be handled by each construction project site superintendent: FORM OSHA 200 This form must be completed for each accident involving a personal injury or job-related illness on your project. You are to provide complete information in accord with the instructions on this form. Particular attention should be paid to first-aid cases. You are required to furnish first-aid on your project. If you do not employ persons who qualify to provide first-aid, select responsive persons and provide training to qualify same. If you do not have a doctor engaged to provide the services required for doctor cases, secure the services of a doctor. If you have not established use of an emergency room, you should secure such by making contact with the local hospital. Please note the recordable injuries and illnesses, and also those that are not recordable. The OSHA 200 Form is to be kept current in your work place and on display in accord with the regulations. FORM FIRST REPORT OF INJURY The First Report of Injury Form must be completed for each injury or illness. The form must be filled out completely for every item that requires an entry to be made. The requirement for completeness is imperative. Care must be taken to correct the sloppy documentation. FORM IMS REPORT OF ACCIDENT OR THEFT The Form IMS-503 must be completed for every item that requires an entry. Care mus t be taken to correct the sloppy documentation. McGCon 1974 T MCGRAW CONSTRUCTION COMPANY INC ENGINEERS & CONSTRUCTORS OSHA REPORTING REQUIREMENTS January 18, 1989 Page Two You should keep the Goldenrod copy for your file. Send remaining copies to the Middletown office to the attentio Carol Vanderpool. the of CJR/cao DISTRIBUTION: Bill Brewer Mark Brewer Bruce Hilt Ron Austin Linvel Estep Dick Slade Larry Arnett John Blount Don Stutts Bobbie Brewer D. H . Kramer N . R. Patel L . J . Warner J . D. Chivers M. A. Bach C . J . Vanderpool C . S . Heffner McGCon 1975 MCGRAW CONSTRUCTION COMPANY,INC/ ENGINEERS & CONSTRUCTORS MEMORANDUM CONT. NO. I. DATE: 01-30-89 TO: FROM: SUBJECT: DISTRIBUTION C. A. Osborne OSHA 200 REPORT FOR 1988 ADDITIONAL INFORMATION/VERIFICATION Attached please find copies of the completed OSHA 200 Report for 1988. I have only attached the pages that pertain to your jobsite. As you will note, the majority of the entries have been crossed out. These were reported injuries, when in reality, they were "first-aid only" cases. These "first-aid only" cases ARE NOT recordable to OSHA. Please look over these entries, especially the ones that have been crossed out, and respond no later than Tuesday, January 31, 1989 if you have additional information which would change the status to a reportable injury or illness. As an assist in determining whether or not an illness or injury is recordable, I have also attached some pages from the Recordkeeping Guidelines for Occupational Injuries and Illnesses, a publication I will be glad to secure for you if you desire. Please FAX any additional information you may have to me prior to the cutoff date of January 31, 1989. If you are in agreement with the information contained in this report, POST ONLY THE RIGHT SIDE OF EACH SHEET IN YOUR TRAILER BY FEBRUARY 1, 1989. THIS IS OSHA REQUIRED! If you need additional information, feel free to give me a call, /cao DISTRIBUTION: D. H. Kramer C. J. Ryburn Bill Brewer Mark Brewer Ron Austin Dick Slade Don Stutts Larry Arnett Linvel Estep Bobbie Brewer Bruce Hilt Elmer Helton John Blount McGCon 1976 The instructions also refer to recording illnesses which were "diagnosed or recognized." Therefore, for OSMA recordkeeping purposes occupa tional illnesses include liny abnormal condition or disor der, other thnn one resulting from an occupational injury, caused by exposure to environmental factors associated with employment. Illness exposures ultimately result in conditions of a chemical, physical, biological, or psychological nature. Occupational illnesses must be diagnosed to be record able. However, they do not necessarily have to be diagnosed by a physician or other medical personnel. Diagnosis may be by a physician, registered nurse, or a person who by training or experience is capable to make such a determination. Employers, employees, and others may be able to detect some illnesses, such as skin diseases or disorders, without the benefit of specialized medical training. However, a case more difficult to diagnose, such as silicosis, would require evaluation by properly trained medical personnel. In addition to recording the occurrence of occupation al illnesses, employers are required to record each illness case in 1 of the 7 categories on the front of the log. The back of the log form contains a listing of types of illnesses or disorders and gives examples for each illness category. These are only examples, however, and should not be considered as a complete list of types of illnesses under each category. See appendix A, Glossary of Terms, for a list of these illness categories. Recording and classifying, occupational illnesses may be difficult for employers, especially the chronic and long term latent illnesses. Many illnesses are not easily detected; and it is often difficult to determine whether an illness is work related. Also, employees may not report illnesses because the symptoms may not be readily apparent, or because they do not think their illness is serious or work related. Lack of expertise in occupational medicine is not limited to employers and employees. Few doctors in private practice have adequate training in occupational medicine. Even physicians in the workplace have difficul ty determining the influence of a job on a worker's health. The following material is provided la assist in detecting occupational illnesses and in determining their work relationship. 1. Detection and diagnosis of occupational illnesses. An occupational illness is defined in the instructions on the log as any work-related abnormal condition or disorder (other than an occupational injury). Detection of these abnormal conditions or disorders, the first step in recording illnesses, is often difficult. When an occupa tional illness is suspected, employers may want to consider the following: a. A medical examination of the employee's physio logical systems, for exnmple: Head and neck Eyes, cars, nose, and throat Endocrine Genitourinary Musculoskeletal Neurological Respiratory Cardiovascular, and Gastrointestinal; b. Observation and evaluation of behavior related to emotional status, such as deterioration in job perfor mance which cannot be explained; c. Specific examination for health effects of suspect ed or possible disease agents by competent medical personnel; d. Comparison of dale of onset of symptoms with occupational history; e. Evaluation of results of any past biological or medical monitoring (blood, urine, other sample analy sis) and previous physical examinations; f. Evaluation of laboratory tests: Routine (complete blood count, blood chemistry profile, urinalysis) and specific tests for suspected disease agents (e.g., blood and urine tests for specific agents, chest or other Xrays, liver function tests, pulmonary function tests.); and g. Reviewing the literature, such as Material Safety Data Sheets and other reference documents, to ascer tain whether the levels to which the workers were exposed could have produced the ill effects. In addition, the National Institute for Occupational Safety and Health (NIOSH) has prepared a Sentinel Health Event (Occupational) List (SHEO) which encom passes disease conditions potentially linked to the work place. A Sentinel Health Event is defined by NIOSH as a disease, disability, or untimely death which is occupa tionally related and whose occurrence may: 1) provide the impetus for epidemiologic or industrial hygiene studies; or 2) serve as a warning signal that materials substitution, engineering control, personal protection, or medical care may be required. The list includes only those conditions for which NIOSH found "objective documentation of an associated agent, industry, and occupation ... in the scientific literature." NIOSH has indicated that the list will be expanded in the future. Appendix C of this report contains a table of workrelated illnesses based upon the NIOSH Sentinel Health Event (Occupational) List. The table is provided for informative purposes only, to assist employers in recog nizing certain illnesses and diseases. The tabic lists illness conditions, the industry and/or occupation where each 39 McGCon 1977 condition is likely to occur, symptoms associated with each condition, the agent likely to cause the condition, and the appropriate illness column to be checked on the log, osha No. 200. IT DOES NOT INCLUDE EVERY CONDITION, ILLNESS. OR DISEASE THAT MAY RESULT FROM AN EXPOSURE IN THE WORK. ENVIRONMENT. FURTHER, IT SHOULD NOT BE INTERPRETED TO MEAN THAT A SPECIFIC CONDITION CAN ONLY LIE CONTRACTED IN THE INDUSTRIES OR OCCUPATIONS LISTED. IT ALSO DOES NOT MEAN THAT EVERY CONDI TION LISTED IS RECORDABLE IF EXPERI ENCED BY EMPLOYEES IN THESE INDUSTRIES AND/OR OCCUPATIONS. FOR THE CASE TO BE OSHA RECORDABLE, EMPLOYERS MUST STILL ESTABLISH THAT THE CONDITION IS A RE SULT OF AN EXPOSURE IN THEIR WORK ENVI RONMENT. 2. Determining whether the illness is occupationally related. The instructions on the back of the log define occupational illnesses ns those "caused by environmental factors associated with employment.'' In some cases, such as contact dermatitis, the relationship between an illness and work-related exposure is easy to recognize. In other cnscs, where the occupational cause is not direct and apparent, it may be difficult to determine accurately whether an employee's illness is occupational in nature. In these situations, it inay help employers to ask the following questions: a. Has an illness condition clearly been established? b. Docs it appear that the illness resulted from, or was aggravated by, suspected agents or other condi tions in the work environment? c. Arc these suspected agents present (or have they been present) in the work environment? d. Was the ill employee exposed to these agents in the work environment? e. Was the exposure to a sufficient degree and/or duration to result in the illness condition? f. Was the illness attributable solely to a nonoccupational exposure? Employers may want to check the "Material Safety Data Sheets'' for those substances suspected of causing employee illnesses to verify the relationship between the exposure and the resulting symptoms. E~l. Q. Should employers record only (hose occupa tional illnesses which require treatment be yond the initial day of onset of illness? A. No. Any diagnosed occupational illness re ported to the employer is recordable, wheth er or not medical treatment is given or lost workdays are involved. E-2. Q. Do occupational illnesses have to be diag nosed by a physician to be recordable? A. No. "Diagnosis" is commonly defined as the act or process of detecting and deciding the nature of n diseased condition by examina tion of the symptoms. Diagnosis may be by a physician, registered nurse, or a person who by training or experience is capable to make such a determination. E-3. Q. Does this mean that employers are capable of diagnosing occupational illnesses? A. Yes. However, their ability to properly diag nose cases depends upon their training and experience and the nature of the particular illness in question. Employers, employees, and others may be able to detect various illnesses, such as skin diseases or disorders, without the benefit of specialized medical training. However, a case more difficult to diagnose, such as silicosis, would require evaluation by properly trained medical per sonnel. IS--4. Q. What is meant by an "abnormal condition or disorder"? A. An "abnormal condition or disorder" is an atypical condition of the employee which may be of either a chemical, physical, biolog ical, or psychological nature. These condi tions arc recordable when they result from exposure in the work environment. IS-5. Q. Arc the illnesses listed in appendix C the only illnesses that need be recorded on the log, OSHA No. 200? A. No. These are a listing of disease conditions for which NlOSlt found objective documenta tion of association between occupation/in dustry/agent in the scientific literature. In addition to the Sentinel Health Event (Occu pational) List, many other abnormal condi tions or diseases may be OSHA recordable. IS--6. Q. Do employers record only those illnesses directly caused by work-related exposures, or is it sufficient for the work exposure to be a contributing factor to an illness or to aggravate a preexisting illness condition? A. Yes, it is sufficient for the exposure to be a contributing and/or aggravating factor to the illness for the case to be recordable. E-7. Q. What are the reporting requirements for test 40 McGCon 1978 results which indicate an elevated blood-lead level? A. Employers arc required to conduct surveil lance and monitoring tests for employees working with hazardous substances, such as lead. However, test results showing elevated blood-lend levels are not recordable unless the elevated blood-lead levels exceed 50 microgrants per 100 grams of whole blood. On the other hand, employers are still required to record eases where the worker: (1) Has symptoms of lead poisoning, such as colic, nerve, or renal damage, anemia, and gum problems; or (2) receives medical treat ment for lead poisoning or to lower bloodlead levels. Employers may want to reference the OSHA lead standard 29 CFR 1910.1025 for additional information. E-8. Q. The chest X-ray of an employee is found to have an abnormality due to a prolonged exposure at work. However, the abnormality docs not impair his lung function or cause him to lose workdays. Is this a recordable occupational illness? A. Yes. An occupational illness is defined as any abnormal condition or disorder, other than one resulting from an injury, caused or aggravated by exposure to environmental factors associated with employment. Any such job-related abnormality reported to the employer is recordable, whether or not func tional impairment is present or lost work days arc involved. E-9. Q. Is fibrosis the only asbestos-related disorder that must be recorded on the OSIIa Nn. ZOO? A. No. Asbestos-related disease encompasses not only fibrosis, but also mesothelioma, asbestosis, and various cancers of the lung, stomach, and pleural lining and asbestosinduced pleural abnormalities (e.g., pleural plaques and calcifications). E-10. Q. Is hearing loss recordable? If so, how should it be recorded? sure which caused the loss. If the hearing loss resulted from or was aggravated by an instantaneous exposure, it is considered an injury, and is recordable only if it involves medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job. If the hearing loss resulted from or was aggravated by anything other than an instantaneous exposure it should be classi fied as an occupational illness. All jobrclntcd illnesses arc recordable. E-ll. Q. Is this case recordable? An employee goes to a doctor who informs her that prescription glasses must be wom as a result of workrelated eye deterioration caused by the na ture of her job. A. If work relationship could be established, this case would be recordable as an occupa tional illness since it involves the recognition of an abnormal condition or disorder. How ever, employers should distinguish workrelated eye problems from those due to aging or heredity factors unrelated to the job. E-12. Q. How should a massive heart attack be classi fied? A. Work-related heart attacks arc classified as illnesses because they normally do not result from work accidents or single instantaneous incidents in the work environment. When they occur, an entry should be made in column 7(g) of the log under "All other occupational illnesses." li--13. Q. Must a heart attack occur in the work environment to be recordable? A. Heart attacks must satisfy the same require ments for work relationship as any other type of illness before they are recordable on the osha No. 200. Under the OSHA system, this docs not mean that heart attacks are necessarily recordable if they occur in ,the work environment, but rather that they must result from an exposure in the work environ ment. (See section C of this chapter for an analysis of work relationship.) A. 1 Icarmg loss should tie evaluated solely on die existing criteria for recordabdily con tained in the Occupational Safety and Health Act and 29 CFR Part 1904. Once wotki eluted healing loss is established, il may be classified as cither an injury or an illness, depending upon the type of event or expo 19-14. Q. How should a work-related illness, diag nosed as an emotional disorder, be classified? Is this a disorder associated with repeated trauma? A. "Disorders associated with repeated trau ma," column 7(f) of the log, OSHA No. 200, 41 McGCon 1979 involve conditions caused by repealed conlact or repetitious movement. Cases involv ing work-related stress should be classified as "All other occupational illnesses" in column 7(g) of the log. E-15. Q. Docs the difference in individual tolerances to specific substances afl'ecl decisions on rceordability? A. No. Variations in the characteristics of par ticular employees or their susceptibility to various illnesses should not affect decisions of rceordability. If a recordable illness oc curs, employers should enter it on the OSMA No. 200. E-16. Q. Arc employee complaints of such common subjective symptoms as general malaise, headache, and/or nausea, etc., recordable as cases of illnesses if there are no indications that the symptoms arc work related? A. No. Such subjective symptoms are not re cordable if there is no apparent association with the employee's work environment. However, in evaluating these cases, employ ers should be aware that many subjective complaints, including feelings of malaise, headache, nausea, etc., arc symptomatic of a wide range of diseases, a number of which are occupational in origin. In this regard, employers should pay attention to the distri bution of such subjective complaints with respect to time and place, particularly when such complaints arc observed to occur among one or more groups of employees. F. Deciding if work-related injuries are recordable Although the act requires that all work-related deaths and illnesses be recorded, it limits the recording of injuries to certain specific types of cases. Sections 8(c)(2) and 24(a) of the act refer to maintaining records for work injuries ". . . other than minor injuries requiring only first aid treatment, and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job." Consequently, a work-related injury must involve at least 1 of these 4 conditions before it is deemed recordable. Minor injuries requiring only first aid treatment are not recordable. 1. Medical treatment. It is important to understand the distinction between medical treatment and first aid treatment since many work-related injuries arc record able only because medical treatment was given. Part 1904.12(d) of the regulations and the instructions on the back of the log and summary, OSHA No 200, define medical treatment as any treatment, other than first aid treatment, administered to injured employees. Essential ly, medical treatment involves the provision of medical or surgical care for injuries that are not minor through the application of procedures or systematic therapeutic meas ures. The act also specifically states that work-related inju ries which involve only first aid treatment must not be recorded. Therefore, the definition of first aid treatment has important implications for evaluating potential medi cal treatment cases. First aid is commonly thought to mean emergency treatment of injuries before regular medical care is available. However, first aid treatment has a different meaning for OSHA recordkeeping pur poses. Part 1904.12(e) of the regulations defines first aid treatment as: Any one-time treatment, and any followup visit for the purpose of observation, of minor scratches, cuts, bunts, splinters, and so forth, which do not ordinarily require medical care. Such one-time treatment, and followup visit for the purpose of observation is considered first aid even though provided by a physician or registered professional personnel. The distinction between medical treatment and first aid depends not only on the treatment provided, but also on the severity of the injury being treated. First aid is: (1) Limited to one-time treatment and subsequent observa tion; and (2) involves treatment of only minor injuries, not emergency treatment of serious injuries. Injuries are not minor if: \(a) They must be treated only by a physician or licensed medical personnel; (b) They impair bodily function (i.e., normal use of senses, limbs, etc.); (c) They result in damage to the physical structure of a nonsupcrficial nature (c.g., fractures); or (d) They involve complications requiring followup medical treatment. Physicians or registered medical professionals, work ing under the standing orders of a physician, routinely treat minor injuries. Such treatment constitutes first aid. Also, some visits to a doctor do not involve treatment at all. For example, a visit to a doctor for an examination or other diagnostic procedure to determine whether the employee has an injury docs not constitute medical treatment. Conversely, medical treatment can be provid ed to employees by lay persons; i.e., someone other thnn n physician or registered medical personnel. The following classifications list certain procedures as either medical treatment or first aid treatment. These criteria are also listed in the one-page Recordkeeping Summary provided following uppendix E. The following arc generally considered medical treat ment. Work-related injuries for which this type of 42 McGCon 1980 treatment was provided or should have been provided arc almost always recordable: The following procedure, by itself, is not considered medical treatment: Treat men) of INKHCI'tON Application of ANTISEPTICS during second or subsequent visit to medical personnel Treatment of SECOND Olt THIRD DECREE nURN(S) Application of SUTURES (stitches) Application of II UTTER ELY ADHESIVE DUKSSING(S) or STERI STRIP(S) in lieu of sutures Removal of FOREIGN UODIES EMBEDDED IN EYE Removal of FOREIGN BODIES FROM WOUND; if pro cedure is COMPLICATED txxansc of depth of embedment, size, or location Use of PRESCRIPTION MEDICATIONS (except a single dose administered on first visit for minor injury or discomfort) . Use of hot or cold SOAKING THERAPY during second or subsequent visit to medical personnel Application of hot or cold COMPRESS(ES) during second or subsequent visit to medical personnel CUTTING AWAY DEAD SKIN (surgical debridement) Application of HEAT THERAPY during second or subsequent visit to medical personnel . Use of WHIRLPOOL BATH THERAPY during second or subsequent visit to medical personnel POSITIVE X-RAY DIAGNOSIS (fractures, broken bones, etc.) . ADMISSION TO A HOSPITAL or equivalent medical facility FOR TREATMENT. The following arc generally considered first aid treat ment (e.g., one-time treatment and subsequent observa tion of minor injuries) and should not be recorded if the work-related injury does not involve loss of conscious ness, restriction of work or motion, or transfer to another job: Application of ANTISEPTICS during first visit to medical personnel Treatment of FIRST DEGREE BURN(S) Application of BANDAGE(S) during any visit to medical personnel Use of ELASTIC llANDAGE(S) during first visit to medical |>ersonncl . Removal of FOREIGN BODIES NOT EMBEDDED IN EYE if only irrigation is required Removal of FOREIGN BODIES FROM WOUND; if pro cedure is UNCOMPLICATED, and is, for example, by tweezers or other simple technique Use of NONPRESCRIPTION MEDICATIONS AND adminis tration of single dose of PRESCRIPTION MEDICATION on first visit for minor injury or discomfort SOAKING THFIRAI'Y on initial visit to medical personnel or removal of bandages by SOAKING Application of hot or cold COMPRESS(ES) during first visit to medical personnel Application of OINTMENTS to abrasions to prevent drying or cracking Applicalion of HEAT THERAPY during first visit to medical personnel Use of WHIRLPOOL BATH THERAPY during first visit to medical personnel NEGATIVE X-RAY DIAGNOSIS OBSERVATION of injury during visit to medical personnel. Administration of TETANUS SHOT(S) or BOOSTER(S). However, these shots are often given in conjunction with more serious injuries; consequently, injuries requiring these shots may be recordable for other reasons. 2. Loss of consciousness. If an employee loses con sciousness as the result of a work-related injury, the case must be recorded no matter what type of treatment was provided. The rationale behind this recording require ment is that loss of consciousness is generally associated with the more serious injuries. 3. Restriction of work or motion. Restriction of work or motion is the third criterion specified by the act for determining whether an injury is serious enough to be recorded. The decision that a case involves restricted work activity should be made solely on the rules set forth in Part 1904.12(f) of the Code ofFederal Regulations and in the instructions to the Log and Summary of Occupa tional Injuries and Illnesses, OSHA No. 200. The central concept established in these sections is that restricted work activity occurs when the employee, as a result of a job-rclatcd injury or illness, is physically or mentally unable to perform all or any part of his or her normal assignment during all or any part of the workday or shift. The emphasis is on the employee's ability to perform normal job duties. Restriction of work or motion may result in either a lost worktime injury or a nonlost worktime injury, depending upon whether the restriction extended beyond the date of injury. This distinction is discussed at length in chapter VI. Restriction of work or motion sometimes is the sole reason for recording a case. For example, if an employee suffers a cut on a joint of the first finger and the wound requires only a small bandage, the bandage may prevent bending the finger. This case involves a work-related injury, but is it recordable? The employer can reasonably conclude that no medical treatment was involved nor was there any loss of consciousness or transfer to another job. The case would be recordable only if it involves restric tion of work motion; that is, if the motion that was limited affected the employee's ability to perform his or her normal job duties. It is important to differentiate that eonccpl from limitation of motion in the abstract. In this situation, the case would be recordable if it involved a typist who was unable to type, but probably not if it involved an executive. 4. Transfer to anotherjob. Injuries requiring transfer of the employee to another job are also considered serious enough to be recordable regardless of the type of treatment provided. Transfers are seldom the sole criteri on for recordability because injury cases are almost 43 McGCort 1981 always recordable on other grounds, primarily medical treatment or restriction of work or motion. F-l. Q. Are all first aid injury eases nonrecordablc7 A. Medical treatment is only one criterion for determining whether or not injuries arc recordable. Injuries which require only first aid treatment arc recordable if they involve loss of consciousness, restriction of work or motion, or transfer to another job. F-2. Q. Our plant docs not have a nurse available on the second and third shifts. Injuries on these shifts are sent to the hospital. If this is the only time the injury is treated, docs it have to be recorded? A. If medical treatment is administered, the case is recordable. If only first aid treatment is administered, then the ease is not record able. (See the definitions in the preceding narrative section.) The kind of treatment which is, or should have been, provided is the determining factor, not the place or person providing the treatment. F-3. Q. Can medical treatment be provided by any one other than a physician or trained medi cal personnel? A. The regulations have been interpreted to mean that medical treatment may be admin istered by medical or nonmedical personnel. The treatment is the main factor to consider in distinguishing medical treatment from first aid, not the person who is administering it. In distinguishing between medical treat ment and first aid, Congress intended to focus on the seriousness of the injury. Doc tors or medical personnel often provide first aid treatment for minor injuries; nonmedical personnel often provide medical treatment for certain injuries that are relatively serious in nature. F-4. Q. If an employee is treated in the medical department for an injury such as a cut, burn, etc., but docs not need a doctor's care, docs a report need to be made of the injury? A. If the case comes under the definition of "medical treatment" rather than "first aid," a record would have to be maintained. On the other hand, first aid treatment would not be recorded, even if given by a doctor. Again, the key factor to be considered is the type of treatment which was, or should have been, provided, not the person administering it. F-5. Q. Does the requirement for recording medical treatment injuries encompass only those in juries where the treatment was actually provided to the individual? A. This requirement focuses on whether the injury was serious enough that medical treatment was actually provided or should have been provided. Cases should be record ed where medical treatment was dearly required, but for one reason or another, was not actually provided. F-6. Q. When are bruises experienced by employees considered recordable? A. When they are serious enough to involve 1 of the 4 criteria for recording injuries-medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job. F-7. Q. How are fractures classified? What about a hairline fracture that is given no treatment and does not interfere with the employee's work activities? A. Injuries resulting in fractures should be recorded because they are not minor in nature and ordinarily require medical treat ment or involve restriction of work or mo tion. This is in keeping with the mandate of the Occupational Safety and Health Act of 1970 to record all injuries that are not minor. F-8. Q. Are injuries that result in chipped or broken teeth recordable? A. These injuries would normally be recordable because they ordinarily require medical treatment. F-9. Q. What about situations where an employee damages a prosthetic device, such as an artificial arm or leg? Is this recordable? A. Generally, work-related situations such as this arc recordable if they involve either some form of medical treatment or restric tion of work or motion. h'-lO. Q. If there is more than one followup visit to a doctor for minor cuts or burns, is such an injury recordable? 44 MeGCon 1982 A. If the second visit is simply for observation or lo change mi adhesive or small bandage, the injury would not be recorded. U would be recorded, however, if any medical treat ment was provided. first aid when a single dose of a prescription medication is administered on the first visit for minor injury or discomfort. A "single dose" is the measured quantity of a thera peutic agent lo be taken at one time. F-ll. Q. What if an employee is injured and loses worktime in traveling to or from a doctor's office for a medical examination? Does this loss of worktime constitute restriction of work or motion, and make the case record able for OSHA purposes? A. Injuries should be evaluated on the extent of medical treatment required, not on the amount of time spent seeking treatment. If the examination revealed that no medical treatment was required, the case would not be recordable. Restriction of work or motion concerns the employee's ability to perform normal job duties; it does not include loss of worktime for travel to or from a doctor's office. F-12. Q. If an employee has a minor scratch but the doctor gives him a tetanus shot anyway, docs this constitute medical treatment and make it a recordable case? A. Such tetanus shots should not be regarded as medical treatment. Consequently, the case would not be recordable unless other treat ment was provided. F-13. Q. Do rabies vaccinations constitute medical treatment? A. Yes. Rabies vaccinations constitute medical treatment since they arc considered absolute ly necessary and involve a series of injections far more extensive than the concept of first aid contemplated in the act and defined in the regulations. F-14. Q. Is a scries of treatments given by a chiropractor considered medical treatment? A. Yes. When required lo treat the work-related injury, this is considered medical treatment since it involves considerably more extensive treatment than first aid as defined in Part 1904.12(e) of the regulations. F-15. Q. Is the use of prescription medications consid ered medical treatment? F-16. Q. What about prescription drugs provided to employees solely for psychological care? Should this be considered medical treat ment? A. If the prescription medications are being' provided in connection with a job-related psychological condition, the medical treat ment issue would be irrelevant since the case would be considered an occupational illness. All occupational illnesses are recordable. F-17. Q. Suppose a non prescription medication is dis pensed to an employee with a minor injury, who then suffers an adverse reaction. Is this recordable? If so, is it an injury or an illness? A. This case should be considered an injury since the case determination must relate back to the original event. This is because the affected employee would not have suf fered the adverse reaction to the medication but for the occupational injury. Initially, the case was not recordable because the provi sion of a non prescription medication does not constitute medical treatment. THE CASE MAY NOW BE RECORDABLE. To be recordable, the adverse reaction must have been serious enough to require addi tional medical treatment or involve loss of consciousness, restriction of work or motion, or transfer to another job. G. Relationship of OSHA recordkeeping requirements to those of State workers' compensation systems OSHA recordkeeping and reporting requirements differ from those established under various State workers' compensation laws. Differences exist in both the mechan ics of the recordkeeping process and in the criteria used for evaluating the rccordnbility of individual cases. Section 4(b)(4) of the act states: Nothing in this Act shall be construed lo supersede or in any manner affect any workmen's compensation law or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of or in the course of employment. A. Use of prescription medications to treat an occupational injury normally constitutes medical treatment. However, it is considered Consequently, recordkeeping determinations under the OSH Act should not affect the employer obligations under State workers' compensation systems. Also, workers' 45 McGCon 1983 Employer Rights & Responsibilities Following an OSHA Inspection U.S. Department ot Labor Occupational Safety and Health Administration 1986 (Revised) OSHA 3000 An inspection of your workplace was recently conducted in accordance with the Occupational Safety and Health Act of 1970. The inspection revealed conditions which we believe to be in violation of the Act. 1 he detailed nature of the violation(s) and the penalties is described in the Citation and Notification of Penalty form sent with this booklet. The items listed on the enclosed citation were discussed generally with your representative by the OSHA Compliance Officer. This booklet contains important information regarding your responsibilities and opportunities to respond to this notice. For further information not covered in this booklet, contact the OSHA Area Director at the location listed on the citation form. Please refer to the OSHA number located in the upper right-hand corner of the enclosed documents in all correspondence. McGCon 1984 Material contained in this publication is in the public domain and may be reproduced, fully or partially, without permission of the Federal Government. Source credit is requested but not required. Permission is required only to reproduce any copyrighted material contained herein. Employer Rights & Responsibilities Following an OSHA Inspection U.S. Department of Labor William E. Brock, Secretary Occupational Safety and Health Administration John A. Pendergrass, Assistant Secretary 1986 (Revised) To the Reader The Occupational Safety and Health Act of 197 0 was created in order to "assure so far as possible every working man and woman in the nation safe and healthful working conditions." OSHA is expending every effort to make this goal a reality, but we cannot do it without your continuing help and support. Therefore, we are providing you with this pamphlet so that you can help us help you. Employer Rights and Responsibilities Following an OSHA Inspection is designed to explain the options available to you and is part of our ongoing program to promote cooperation among labor, management, and government. McGCon 1985 X i Contents After an Inspection........................................... 6 Types of Violations ........................................... 7 Willful Serious Repealed Fixed Establishments Nonfixed Establishments Longshoring Establishments Maritime Establishments Other Posting Requirements......................................... 8 Employer Options................................................. 8 How to Comply..................................................... 9 Informal Conference and Settlement.............. 10 How to Contest................................................... 11 The Contest Process..........................................12 Petition for Modification of Abatement.............13 Temporary and Permanent Variances.......... 14 Employee Courses of Action............................15 Follow-Up Inspection and Failure to Abate.. 15 Employer Discrimination................................... 15 Providing False Information............................. 16 Additional Information....................................... 16 McGCon 1986 After An Inspection An inspection of your workplace was conducted in accordance with the Occupational Safety and Health Act of 1970. The compliance safety and health officer (CSHO) who conducted the inspection has found conditions which may be in violation of the Act. The information relevant to these conditions will be evaluated by the CSHO's supervisor. If it is determined that a violation does exist, you will be issued a Citation and Notification of Penalty which explains in detail the exact nature of the violation(s) and any associated penalties. This pamphlet contains important information regarding your rights and responsibilities under the Act. The information contained herein can and should be used as a discussion guide during your closing conference with the OSHA compli ance officer. For each apparent violation found during the inspection, the compliance officer has discussed or will discuss with you the: Nature of the violation: Possible abatement measures which you may take to correct the violative condition; and Possible abatement dates you may be required to meet. The CSHO is a highly trained professional who can help you recognize and evaluate hazards as well as suggest appropriate methods of correc ting violations To minimize employee exposure to possibly hazardous conditions, abatement efforts should always begin as soon as possible. The following general information defines the types of violations and explains the actions you may take if you receive a citation as the result of an inspection. 6 Types of Violations Willful: A willful violation is defined as a violation in which the employer knew that a hazardous condition existed and made no reasonable effort to eliminate it and that the condition violated a standard or regulation. Serious: A serious violation exists when the workplace hazard could cause an accident or ill ness which would most likely result in death or serious physical harm, unless the employer did not know or could not have known of the violation. Repeated: An employer may be cited for a repeated violation if that employer has been cited previously for a substantially similar condition and the citation has become a final order. A cita tion is viewed as a repeated violation if it occurs within three years either from the date that the earlier citation becomes a final order or from the final correction date, whichever is later. For pur poses of determining whether a violation is repeated, the following criteria apply: 1. Fixed Establishments: Citations issued to employers having fixed establishments (e g., factories, terminals, stores) are limited to the cited establishment. A multi facility employer, for example, would not be cited for a repeated violation if the violation recurred at a plant other than the one previously cited. 2. Nonfixed Establishments: For employers engaged in businesses having no fixed establishments (e.g., construction sites, oil and gas drilling sites) repeated violations are alleged based on prior violations occur ring anywhere within the same OSHA Area Office jurisdiction. 3. Longshoring Establishments: Longshoring employers are subject to repeated violation citations based on prior violations occurring anywhere within a designated port area. 7 McGCon 1987 4. Maritime Establishments: Other maritime establishments covered by OSHA stand ards (e.g., shipbuilding, ship repairing) are generally defined as fixed establishments. (See [1 ] above.) Other. A violation which has a direct relationship to job safety and health, but is not serious in nature, is classified as "other." Posting Requirements When you receive a Citation and Notification of Penalty, you must post the citation (or a copy of it) at or near the place each violation occurred to make employees aware of the hazards to which they may be exposed. The citation must remain posted for three working days or until the violation is corrected, whichever is longer. (Saturdays, Sundays, and Federal holidays are not counted as working days.) You must comply with these posting requirements even if you contest the citation. Employer Options As an employer who has been cited, you may take either of the following courses of action: 1 If you agree to the Citation and Notification of Penally, you should correct the condi tion by the date set in the citation and pay the penalty, if one is proposed. 2. If you do not agree, you have 15 working days from the date you receive the citation to contest any or all of the following: Citation, Proposed penalty, and/or Abatement date. 8 How to Comply For violations you do not contest, you must (1) promptly notify the OSHA Area Director by letter that you have taken the appropriate correc tive action within the time set forth in the citation, and (2) pay any penalties itemized therein. The notificrtion you send the Area Director is generally referred to as a "Letter of Corrective Action." It must explain the specific action taken with regard to each violation and state the date each corrective action was taken. When the citation permits an extended time for abatement, you must ensure that employees are adequately protected during this time. For example, the citation may require the immediate use of personal protective equipment by employees while engineering controls are being installed. When such is the case, you must also provide OSHA with periodic progress reports on your actions. The penalties itemized on the Citation and Notifi cation of Penalty are payable within 15 working days of receipt of the penalty notice. However, if you contest the citation or penalty in good faith, abatement and payment of penalties for those items contested are suspended until the Occupa tional Safety and Health Review Commission re views your case and issues a final order. The Review Commission is an independent agency and is not a part of the U S. Department of Labor The final order of the Commission will either uphold, modify, or eliminate the penalties. However, penalties for items not contested are still due within 15 working days. For further details, see the section on How to Contest. Payment should be made by check or money order payable to DOL-OSHA. Please indicate on your payment the OSHA number from the upper right-hand corner of your citation and send it to the OSHA Area Office listed on the Citation and Notification of Penalty. 9 McGCon 1988 Informal Conference and Settlement Before deciding whether to file a Notice of Con test, you may request an informal conference with the OSHA Area Director to discuss the Cita tion and Notification of Penalty. You may use this opportunity to: Obtain a better explanation of the viola tions cited; Obtain a more complete understanding of the specific standards which apply; Negotiate and enter into an Informal Settle ment Agreement; Discuss ways to correct the violations; Discuss problems with the abatement dates; Discuss problems concerning employee safety practices; Resolve disputed citations and penalties; and Obtain answers to any other questions you may have. You are encouraged to take advantage of the op portunity to have an informal conference if you foresee any difficulties in complying with any part of the citation. Please note, however, that an in formal conference will neither extend the 15 working day Notice of Contest period nor take the place of the filing of a written notice if you desire to contest. Employee representative(s) have the right to participate in any informal con ference or negotiations between the Regional Administrator or Area Director and the employer. If you agree that the cited violations do exist, but you have a valid reason for wishing to extend the abatement date(s), you may discuss this with the Area Director in an informal conference. He or she may issue an amended citation which changes the abatement date prior to the expira tion of the 15 working day period without your fil ing a Notice of Contest. If you do not contest within 15 working days, your 10 citation will become a final order. After this oc curs, the OSHA Area Director may continue to provide you with information and assistance on how to abate the hazards cited in your citation. However, he or she may not amend or change any citation or penalty which has become a final order. The Area Director may only advise you on abatement methods or extend the time you need to abate the violation (see Petition for Modifica tion of Abatement). How to Contest If you wish to contest any portion of your citation, a written Notice of Contest must be submitted within 15 working days after receipt of the cita tion and notice of penalty even if you have orally stated your disagreement with a citation, penalty, or abatement date during a telephone conversa tion or an informal conference. The Notice of Contest must clearly state what is being contested -- the citation, the penalty, the abatement date, or any combination of these fac tors. In addition, the notice should state whether all the violations on the citation, or just specific violations, are being contested. (For example, "I wish to contest the citation and penalty proposed for items 3 and 4 of the citation issued June 27, 1984.'') Your contest must be made in good faith. A con test filed solely to avoid your responsibilities for abatement or payment of penalties will not be considered a good-faith contest. A proper contest of any item suspends your obli gation to abate and pay until the item contested has been judicially resolved. If you contest only the penalty, you must still correct all violations by the dates indicated on the citation. If only some items on the citation are contested, the other items must be corrected by the abatement date and the corresponding penalties paid within 15 days of notification. After you file a Notice of Contest, your case is officially in litigation. If you wish to settle the case, McGCon 1989 t you may contact the OSHA Area Director who will give you the name of the attorney for OSHA handling your case. All settlements of contested cases are negotiated between you and the at torney according to the rules of procedure of the Occupational Safety and Health Review Commission. The Contest Process If the written Notice of Contest has been filed within the required 15 working days, the OSHA Area Director forwards your case to the Occupa tional Safety and Health Review Commission. The Commission assigns the case to an admin istrative law judge who usually will schedule a hearing in a public place close to your workplace. Both employers and employees have the right to participate in this hearing which contains all the elements of a trial, including examination and cross-examination of witnesses. You may choose to represent yourself or be represented by an at torney. The administrative law judge may affirm, modify, or eliminate any contested items of the citation or penalty. As with any other legal procedure, there is an ap peals process. Once the administrative law judge has ruled, any party to the case may request a further review by the full Review Commission. In addition, any of the three commissioners may, on his or her own motion, bring the case before the entire Commission for review. The Commission's ruling, in turn, may be appealed to the U.S. Court of Appeals for the circuit in which the case arose or for the circuit where the employer has its prin cipal office. Petition for Modification of Abatement Abatement dates are assigned on the basis of the best information available at the time the cita tion is issued. When you are unable to meet an abatement date because of uncontrollable events or other circumstances, and the 15 work ing day contest period has expired, you may file a "Petition for Modification of Abatement" (PMA) with the OSHA Area Director. The PMA must be in writing and must be submit ted no later than one working day after the abate ment date. To show clearly that you have made a good-faith effort to comply, the PMA must include all of the following information. Steps you have taken in an effort to achieve compliance, and dates they were taken; Additional time you need to comply; Why you need additional time; Interim steps you are taking to safeguard your employees against the cited hazard(s) until the abatement; A statement that the petition has been posted, the date of posting and, when ap propriate, a statement that the petition has been furnished to an authorized represent ative of the affected employees. The peti tion must remain posted for 10 working days, during which employees may file an objection. A PMA may be granted or opposed by the OSHA Area Director. If it is opposed, it automatically be comes a contested case before the Review Com mission. Further information on PMAs may be obtained from the OSHA Area Office. 13 McGCon 1990 Temporary and Permanent Variances If you are unable to comply with a newly promul gated standard because of the unavailability of materials, equipment, or professional or techni cal personnel, you may apply to OSHA for a temporary variance from that standard. To be eligible for a temporary variance, the employer must put into force an effective program for coming into compliance with the standard or regulation as quickly as possible. In the meantime, the employer must demonstrate to OSHA that all available steps are being taken to safeguard employees. A temporary variance may be granted for up to one year; it can be renewed twice, each time for six months. You may also apply for a permanent variance from a standard if you can prove that your present facilities or methods of operation are at least as safe and healthful as those required by the OSHA standard. In making a determination on a permanent vari ance, OSHA reviews the employer's evidence and, where appropriate, arranges a visit to the work place to confirm the circumstances of the appli cation If the request has merit, OSHA may grant a permanent variance. Final variance orders detail the employer's specific responsibilities and requirements and explain exactly how the employer's method varies from the OSHA requirement. Please note, however, that whenever an employer applies for either a temporary or a permanent variance, he or she must inform employees of the application and of their right to request a hearing. Employee Courses of Action Employees or their authorized representatives may contest any or all of the abatement dates set for violations if they believe them to be unreason able. A written Notice of Contest must be filed with the OSHA Area Director within 15 working days after the employer receives the citation. The filing of an employee contest does not suspend the employer's obligation to abate. Follow-Up Inspection and Failure to Abate If you receive a citation, a follow-up inspection may be conducted to verify that you have: Posted the citation as required; Corrected the violations as required in the citation; and/or Adequately protected employees during multi-step or lengthy abatement periods. In addition to providing for penalties for failure-topost citations and failure-to-abate violations, the Act clearly states that you have a continuing responsibility to comply with the Act and assure your employees of safe and healthful working conditions. Any new violations discovered during a follow-up inspection will be cited. To achieve abatement by the date set forth in the citation, it is important that abatement efforts be promptly initiated. Employer Discrimination The Act prohibits employers from discharging or otherwise discriminating against an employee who has exercised any right under this law, including the right to make safety and health complaints or to request an OSHA inspection. Complaints from employees who believe they have been discriminated against will be investi gated by OSHA. If the investigation discloses probable violations of employee rights, court action may follow. 15 McGCon 1991 Employees who feel they have been discrimi nated against must file their complaints within 30 days of the alleged act of discrimination. To ob tain further information on this matter employees may contact OSHA and inquire about Section 11(c) procedures. Providing False Information All information reported to OSHA by employers and employees must be accurate and truthful. Providing false information on efforts to abate cited conditions or in required records is punish able under the Act. Additional Information For further information and assistance, please feel free to contact your OSHA Area Director. Related Publications OSHA-2056 - All About OSHA OSHA-3047 -- Consultation Services for the Employer OSHA-3071 -- Job Hazard Analysis OSHA-3084 -- Chemical Hazard Communication OSHA-3088 -- How to Prepare for Workplace Emergencies BLS Publication 421 -3 --What Every Employer Needs to Know about OSHA Recordkeeping 16 U.S. Department of Labor Occupational Safety and Health Administration Regional Offices Region I (CT*,MA,ME, NH, RI.VT*) 16-18 North Street 1 Dock Square Building 4th Floor Boston, MA 02109 Telephone: (617)223-6710 Region II (NJ, NY*, Puerto Rico* Virgin Islands*) 1 Astor Plaza, Room 3445 1515 Broadway New York, NY 10036 Telephone: (212) 944-3426 Region III (DC, DE, MD*, PA, VA*, WV) Gateway Building, Suite 2100 3535 Market Street Philadelphia, PA 19104 Telephone: (215) 596-1201 Region IV (AL, FL, GA, KY*, MS, NC*, SC*, TN*) 1375 Peachtree Street, N.E. Suite 587 Atlanta, GA 30367 Telephone: (404) 347-3573 Region V (IL, IN*, Ml*, MN*, OH, Wl) 230 South Dearborn Street 32nd Floor, Room 3244 Chicago, IL 60604 Telephone: (312)353-2220 'These states and territories operate their own OSHAapproved job safety and health programs (except Connecticut whose plan covers public employees only). 17 McGCon 1992 1 OSHA Regional Offices (Cont.) 1 Region VI (AR, LA, NM*. OK, TX) 525 Griffin Square Building, Room 602 Dallas, TX 75202 Telephone. (214) 767-4731 Region VII (IA*, KS, MO, NE) 911 Walnut Street, Room 406 Kansas City, MO 64106 Telephone: (816) 374-5861 Region VIII (CO, MT, NO, SD, UT*, WY*) Federal Building, Room 1554 1961 Stout Street Denver, CO 80294 Telephone: (303) 844-3061 Region IX (American Samoa, AZ*, CA*, Guam, HI', NV*, Pacific Trust Territories) P.O. Box 36017 450 Golden Gate Avenue San Francisco, CA 94102 Telephone: (415) 556-7260 Region X (AK*, ID, OR*, WA*) Federal Office Building Room 6003 909 First Avenue Seattle, WA 98174 Telephone: (206) 442-5930 Free for the asking. Over 800 title listings in 26 labor categories on subjects from agricultural labor to youth employment. For your free copy of "Publications of the U.S. Department of Labor", write -- U.S. Department of Labor Room S-1032 200 Constitution Avenue, N.W. Washington, D.C. 20210 I McGCon 1993