Can i document type e sign employee appraisal form wisconsin
hello and welcome to our first pre-recorded webinar hosted by the Wisconsin chapter of ASSE the topic of this webinar is the OSHA injury illness record-keeping and reporting requirements focusing on some come some of the new standards that just new requirements and some other advice the speaker is myself Todd machine I'm a professor at UW whitewater and the president-elect for the Wisconsin chapter some of the objectives is I want to show you where you can find information about the record-keeping standard on the OSHA website talk about the purpose of it kind of going beyond what the compliance of it is get into the the more important considerations from 29 CFR 1904 which is a record-keeping standard some of the most recent changes and I just did some google searching to get some answers to the status of these changes and then some tips to improve your record-keeping practices a little bit about me back in the 1990's that was a compliance officer with minnesota osha and actually spent time traveling around the state of minnesota training people on how to fill out their 300 logs but i've advanced from that point while i was attending uw-madison for graduate school i worked part time at the Wisconsin Department of Health and Family Services and at that time I was taking all kinds of statistics courses and research methods courses and I was applying that those new skills and knowledge to OSHA record-keeping and analyzing the data and I now teach this new technique this analysis technique in one of my courses and I'm going to refer to it later you see on the screen we have the OSHA website and the front page if you click on employers and then click then get down into the menu and click on record-keeping requirements this page will come up in this page is the record-keeping injury or I'm sorry the injury illness record-keeping reporting requirements you got the requirements on the top where you can find out you know what how does ocean to find first-aid what is a recordable which I'm going to get into in a moment with the different types of records and forms that are kept the new submission requirement the anti-retaliation requirement and then also the new reporting when you have to call osha so what's the purpose of the record-keeping standard well I have a little note here it says pause to let the the listener compose themselves after laughing from seeing this picture okay well it's actually not to bust you but to get employers just to investigate accident reports and to try to identify causes and then try to resolve those and at the end of the year review it but what it's really about if you do apply the data the way I did when I was working at the state and teach now in my classes is that you are actually kind of applying a quality management approach that if you're collecting data that is a status of how something's functioning and if those measures show deviancy or variants from what is expected then you analyze it to find its source and correct it and you know leave systems in place and contingencies in place redundancies in place to make system corrections so that you don't get the outcome you don't want in other words you're getting the quality you want but I digress let's talk a little bit about the standard itself who's required to keep records there's the exemption if you have ten or fewer employees at any you know throughout the entire year you don't have to keep it that you don't have to keep the logs is really what it comes down to if you want to see a partial the partially exempt list of companies by NAICS which is the North American class okay industrial classification system you can go to OSHA fact sheet three seven four four which I actually do have a copy of you can find that on the OSHA website it's the this is it right here has the updates of OSHA record-keeping rule it's got all the information here I mean this is kind of my presentation here's the new list of partially exempt industries going too fast for anybody to really read it and then but look at this they have the establishments newly required keep to keep records there's a list here so you can go to the OSHA website to acquire OSHA FAQs three seven four four get back to the what is required well--there's under 1904 b2 whether something is you know did they experience something that would be considered an injury and illness and is it work-related and is it a new case and some people go well what's a new case well you get injured the doctor may prescribe recovery at home or restricted due to your restricted movements it's when the doctor is determined that you are back to your original health status and can return to work doing what you were assigned to do that's considered a new starting point so even if you re injured yourself the same way you did prior even if it was you know the first day back it would be considered a new case because you were deemed completely healthy supervisors typically do these investigations and your company probably has either its own investigation form OSHA has the form 301 in Wisconsin we also have a similar work comp form called the WKCE 12 E and not all that stuff is available online essentially it's just capturing the information of the accident and then the results of the investigation what was the cause was the nature what was the body part conditions things like that just keep in mind that the person who is in charge of record key needs to be trained on how to determine if an incident is recorded and to keep the records updated don't just you know let someone to their own laurels and figure it out that you should be training them if you're the safety professional in January of every year the 300 logs should need to be finalized so you tabulate the columns hopefully you don't have anything in G because that's when you check when there's a fatality but G I'm sorry H I and J HS days away I is restricted transfer J as other recordable K and L are the days away in the restricted days and then M is one through four one through six excuse me and that's where you check whether it's an illness or if sorry an injury or a type of illness but you add those up and then you fill it in on 300 a form which is the annual summary that's gets needs to be reviewed by an exec the company they sign off on and date it and then it's posted in a place where everybody can see it so you may have a Safety Board bulletin board in your workplace or a break room something that everybody sees and you could even post it right next to the ocean post sir which is another requirement and that's posted February 1st through April 30th of every year but there's going to be some new stuff coming up around the bend what criteria do you consider whether something is recordable or not death obviously if it's work-related loss of consciousness again if it's work-related or in doing duties as assigned by the job if the injury is work-related in the results and days away from work or if the doctor has a physical or some form of restriction that they can't go back and do their job as originally assigned or Affairs medical treatment beyond first aid now there's a big frequently asked questions portion in 29 CFR 1904 but first aid that can kind of vary the way I interpret it is if the treatment is something that goes along the lines of required medical training for a medical professional then it's beyond first aid but if it's something you could pick up and just say you know you're your typical first-aid class you might take you know two to four to eight hours at the Y that's usually first aid so simple bandages God gauze butterfly strips doing over-the-counter pain medication ice elevation first-aid but when it would require some form of like if you had to look something up online to treat somebody but it should be done should have been done by a physician probably that would be beyond first-aid but you can take it as you want this is a picture of though of OSHA form 301 in its paper version scheduled kinds of information all this information is gonna be transferred to the 300 so this would be filled out by a supervisor typically or whoever's designated do the accident investigation have you focused over on the right under information of the case so question 10 or item 10 is case number 4 from the logs so this is something self generated by the company whatever you want just so it connects itself to the 300 log which is to the RO the case date of injury time the the event and then 14 15 16 17 and 18 well hopefully not 18 but 14 through 17 are really the the the what what really happened that's what you find in your investigation that information is transferred to the form 300 this is the 300 log in its paper version we recommend that you would keep it in an electronic version like Microsoft Excel or CVS or whatever software program you may have purchased to track your your injury and illnesses CAS case number and that matches up to the 301 and as I had stated before you look over you got column G for death H for days away I for job transfer restriction J for other record while I had mentioned that before what's what I personally professionally do not like about this approach is column F column F is where you describe the injury illness parts of the body affected and object substances that directly injured or made the person ill so once one column contains all the critical information about the accident if you're going to do any sort of trending or an analysis each one of these pieces of information need its own column so you can sort it you can standardize it I'm going to show you how I did that at the state to really analyze the data you need to separate out all the key variables and unfortunately this log does not do that this is kind of a strange way to analyze it because the G H I J that could be one column with one particular entry it's there's different ways but I digress here's the 300 a this is the annual summary as I had stated before you've got the number of cases from columns G H I and J hopefully there's nothing in G H I and J you probably have some stuff there k and all of the days and then M with one through one two three four five six you put those numbers in fill out the company and information a little bit about the hours worked or number employees you have and then an executive from the company you designate has to look read it through sign it data and then it's posted again February 1st through April 30 and that's supposed to write the bottom of the page some of the recent changes are the reporting prior to I believe January of 2016 if I'm not mistaken I'm trying to see on the screen I don't see it if you had a fatality or three or more people were hospitalized which would be admitted to the hospital then you had to call OSHA within eight hours but they've changed that now it's still eight hours for a fatality but the the sort of the secondary or second tier is now a single inpatient hospitalization or amputation or I lost you need to contact osha within 24 hours and as you can see I've got this screen shot there are different options you can call the nearest office by clicking an OSHA office and looking up your closest one you can call the 24-hour OSHA hotline which is this 800 number on the screen or you can report it online so you just have to accomplish one you know you're you're reporting through one of these three approaches where options excuse me another change was the anti-retaliation which is part of the submission in that osha is is kind of restate even though whistleblower protections are under a let under the OSHA Act 11c they have they kind of beefed it up a little bit with this anti retaliation protections and one thing that a lot of people are taking there's the incentive programs you've probably heard about this that when a compliance officer during the opening conference he's talking to the employer and they find out that they have a safety incentive program that that compliance officer should be digging a little bit deeper to find out is it set up in a way that would cause workers or promote workers motivate workers to not report injuries so that they can achieve the incentive the same thing here they're going a little bit further and that was with drug testing that would a worker not report an injury illness because they feared repercussions because of the drug testing because it's and so they're you know they're trying to protect themselves because you're getting in trouble or fired but they're not reporting the injury and so now there were people out there who interpret this as can't drug test anymore and that's not what they were saying it says right here that it only prohibits employers from using drug testing or the threat of dry testing as a former very italian against employees report injuries or illnesses so and I've read several interpretations of this on some law office or law firm websites it basically states you can't just blanket it out but if there is a serious suspicion that it would be an intoxication was a major part of the cause then drug testing could be done that's do this that was the interpretation I got from online now you can also look up OSHA brochure 3905 recommended practices got a copy of that too it's in PDF and it's right here and so we got recommended practices you didn't really get to see it as much it's a little bit longer than the other one but this is something you could acquire and read through and make sure that it should be more than one page it's 12 pages whatever it stopped on me so that's something you can find as well again that's 3905 find on the OSHA website the big one is the electronic submission so as of January 1st of this year this thing came into fruition in that starting this year establishments with 20 50 or more employees in industries covered by the record-keeping regulation must submit information from their 2016 form 300 a which should be posted right now by July 1st these same employers will be required to submit information from all 2017 forms so that's the 301 300 and 300 a by July 1st of 2018 and then in 2019 and thereafter it'll be by March 2nd of the year the submission requirements interesting because March has submission requirements for environmental permits establishments with 20 to 249 employees in certain high-risk industries must submit their 2016 form 300 by July 1st of this year and then in 2017 their 300 a and then beginning in 2019 the information is March 1st so the smaller companies the 200 to 249 that are certain high risk injuries which I'm going to show in a second and required to submit their 300 day every year it's I first this year July first next year and then 2019 there on it'd be March 2nd and it says in the bottom that the state plans must adopt these regulations as well now OSHA's stance / - what is kind of peculiar is that they they believe that by companies submitting the data 1 they can improve their target inspections which is their national emphasis programs based on what they receive - they may actually post some of the data on their website which I believe is a some form of public shaming and what they believe is that's gonna motivate employers to be more safe i I don't agree with that and I know that there were some lawsuits filed by some business groups but I don't I think they were thrown out if I'm not mistaken from what I had read which is online can't trust everything online that's what Abe Lincoln said in his meme but it's oh it looks like you know this is going to go through and that's what I just read that it's probably going to go through of course it's funny that we just had the anti-retaliation discussion and then now this you think this isn't gonna you know promote or motivate companies from under reporting to OSHA I'm sorry I just feel like that's I see a little bit of hypocrisy just in this one thing here on the anti-retaliation and then this is public shaming I don't agree with it so that's just my professional opinion don't take it for any more than that here's the the companies that are the high-risk industries that are required to submit the 300 days this year next year by July 1st and the year after by March 2nd you can see that this covers a lot of companies and this is something you can also find on the website from that in the original
age that I'd shown you now what I'd like to talk a little bit about is how to improve your record-keeping - many companies just treated as a a just a pencil whipping exercise but it doesn't need to be that if you really want your safety program to improve you want to show which areas need to be prioritized and focused on it's something you can use now you can download the OSHA forms in an Excel or CV I believe that's what it's called for Matt and I should've got the picture of the screen here and that's where I got it but there's there's a better way to do this now I just want to give you a little background on what I mean and that is that we naturally the people naturally blame the worker and so if you look at anybody's 300 logs you look at some of the causes and I've reviewed I don't want to even estimate how many that it there's a tendency to blame the worker that the worker wasn't paying attention that they didn't follow the rules that they knew better and things like that but that doesn't really fix anything and I you know you can go back to you know 1931 data that reported 80% of accidents are caused by a fax or a very recent less you're a student of mine did a survey of the Upper Midwest and the the respondents reported that they believe the 60% of accidents are caused by unsafe acts so there is a strong belief out there and the reason for it is because of the natural human attribution biases and that is the fundamental attribution error actor observer bias and self-serving bias that when we see someone get injured we naturally believe that they fully made the decisions that led to it that they full well knew the risk and they acted anyway and they got hurt but if you look at human error in human factors research there are you know there are so many things that go into a slipper laps in the perceptional motor cycle that would lead someone to you know incidentally expose themselves to risks or they didn't perceive that the the risk was as high as it was or they just completely didn't perceive that there was anything there and were exposed or they didn't have time to react or they didn't have the experience to react or the physiological ability to read there's a lot of things that go into it and I believe that an individual's or a person's perception of what needs to be done their attitude toward and their their actual behavior we can observe the physical environment are influenced by the work system around them and I've got a picture of it beneath the person being shamed by being pointed out that if we study the we can see we can observe the individual but what making them the way they are is the interaction of the environment the task the technology and the organization and if we suspend our natural tendencies to blame the worker and try to look upstream and I think techniques such as 5y and the fishbone diagram I try to lead us that way to look upstream that the person did not intentionally get hurt they didn't want to it was an unfortunate outcome and we need to correct the discrepancies in the system the work system that allowed that to occur there's and you can also improve you know how you look at your data to and know we use incidence rates but there are limitations to the incidence rates I believe when you take an entire company's employee hours worked not every hour work is the same risk and I don't think calculating company-wide incidence rates actually reflects that I think it dilutes what's really there and I've actually analyzed excuse me analyzed this is unfortunate I've analyzed different incidence rates within a company and found that they vary greatly so here's some of the work I did when I was at the state I broke things down and detailed and this was actually after I had changed the way we did the accident investigations and trained on the systems approach removing trying to remove Lane from the worker and you know we prioritized where to focus and we saw some some big improvements so what I want to end this with is before I show you an example of what I created that is to not get caught up in definitions and the standards and the texana me of it don't pencil with it this is this is an important thing to do and if you take it serious it can actually guide improvements in your safety program then you can actually track it it's it's a quality management approach and with anything that I was taught in grad school 80% of the efforts go into the investigation the set up whereas only 20% has record-keeping but I know some people take it opposite they spend all the time trying to figure out whether it's horrible what it's not what's a first day what's not and the thing is the energy shouldn't be in time shouldn't be put into that it should be put into the investigation doing a fair balanced investigation to find out what really happened so right before I close I'm going to show you what I built at the state and so you see an OSHA 300 log here and I don't know can i zoom this in at all is that possible is that something we can do anyway I've got all the columns what I did is I separated out F 1 F 2 and F 3 that was the one of the big things I had done so I had causation here body part and result another thing I did is I created drop-down windows oh it's not in this one I guess oh he hit it should be here so I built it down below but anyway so I had built drop-down windows based on the state of Wisconsin work comp codes so I've got the job codes here the causation codes here and the results code here and I probably have a few things down below and I've got some body parts so that the people who are filling it out they was just a click and drop down window and I also built in some I think I did something wrong here because looks like something's going crazy all those I could have shown that the drop down there there it is see and they could just choose it and so I could give this to anybody who would want it because then they could go in and enter in their own company's job codes causation cause whatever they use and then enter in these numbers and if these don't balance then I've got some algorithms built in just check whether it's okay anything you put in the 300 log automatically gets put into the 300 a and then you can also analyze the top jobs depending overtime so I was I was able to have an instantaneous or real-time analysis on my third tab and so we can monitor you know the which jobs were deviating from expectation really needed work so that's really everything I wanted to cover and more and some things didn't work but that's with recorded you know videos I guess so if anybody has any questions you could reach me at my work email that's my office phone you can try me there but email is always best and I believe we're also going to be hosting a question and answer during the regularly scheduled video time so I really appreciate your time on coming to listen to this and I'd really appreciate any contact or feedback you may have that would help us with future webinars so thanks have a safe day
