Redline Management Report with airSlate SignNow

Redline management report

um hey i'm gonna go ahead and mute everyone just a heads up morning everybody morning thanks for joining us camera looks good as does your microphone love this shirt man thank you so everybody who's on board we'll be getting started in just a minute or two thanks for joining us and good morning lad henley welcome to the party sir good morning how are we doing today south florida agc south florida safety pros and pros throughout the state of florida welcome to the first second wednesday safety session of 2021 we're very happy to have you here with us you know i said earlier welcome to folks from from around the state uh this forum using this technology has really allowed us to reach folks in tampa orlando and jacksonville and we're grateful to be able to spread uh the safety message that our organization has been a big part of and you guys have been a big part of because if it wasn't for you all um and your participation in your driving what we do uh we wouldn't be able to do this and help so many folks in the construction industry throughout the state so thank you all very much uh we're broadcasting live some more thank yous from uh the studios at safe right solutions they've given us their training room you all know this uh for quite some time so thank you to andres and his entire team i also want to recognize the team at kelly cronenberg who have been so so wonderful with us sharing their technology helping me run the show here um and that's tim and cedric over at their offices and davey thank you both so much we appreciate having your help and today we get a little extra help from angelo but we'll get to that in just a minute before we get to our guests today we do have a word from our title sponsor we're very grateful to the team over at milwaukee tools for their support of what we do here their financial support is important especially now that we need to have broadcast equipment so thank you to them and their team um we've got the great udial soto another sad dallas cowboys fan uh but we love you nonetheless we love you nonetheless so uh orient soto please uh unmute yourself and take it away man what do you want to talk to us about this this fine morning all right good morning we're gonna make it short and sweet you know definitely hoping that everybody got their 2021 off to a great start um here at the milwaukee team we're definitely excited to start off the year at the golf tournament coming up in about two weeks so hoping to see a lot of the south florida agc members out there um for us in 2021 we're expecting to continue to put out a lot of new products that are going to make your job sites a lot more productive a lot safer from safety ppe to um no emissions um tools to even joining and partnering up with equipment's chair to help you guys with those heavier equipments following up with those and then the billing process as well um a couple other great things that we're doing uh partnering up with the coastal team uh on the tool lanyard program we're basically seating a couple tool lanyards on a couple of their sites or allowing their subs to use them and therefore creating another a safer environment at that job site but uh other than that we're definitely excited to get back out there get in front of the members uh join these events and then kind of get back to a little bit of normalcy we are definitely seeing that uh the work is picking up and we're excited to be there and support you all if there's any safety training that we could help you out with on the site or at the warehouse please feel free to reach out to myself or someone from the team and thank you very much again carlos definitely appreciate the support and looking forward to a great 2021. no we we appreciate you hey uriel if somebody wants to reach you what's the best way to reach you it's going to be through email uriel.soto milwaukeetool.com or via cell phone which is 954 649 and and uriel is u r i e l correct gotcha all right all right thank you appreciate it man so um very excited to get to our presentation today osha record keeping is something all of you have to deal with in one form or another our safety committee felt that this was a great topic to start off the year with and we have two fantastic guests to walk us through today's topic uh angelo philippe is someone who is well known within our community because he's a great attorney who knows his stuff he is a partner at kelly cronenberg focusing his practice on employment and labor law as well as osha defense uh he has presented to our group in the past several times and everybody loved the ask angelo sessions that we would have after our presentations over at kelly cronenberg and we're very grateful to have angelo again with us this morning thank you angelo i know you're busy um gabrielle garcia gabriel garcia another member of our community serves as the usf safety florida safety and health director to employers in south florida in fact i had a safety director on this morning with us with all these great awards that he got from usf behind them with a lot of pride and absolutely those those are awesome awards to have gabe started his health and safety career in 1981 with the us air force thank you for your service gabe uh since then he has put together over 30 years of public health environmental health emergency management and occupational health and safety experience including working for both the 482nd medical squadron and the 482nd civil engineers as their safety manager and the fdoh as its emergency coordinator uh this is quite the duo that we have presenting to you today uh gabe please go ahead and get things kicked off you should have the powerpoint up and running right now the floor is yours guys can you guys see my screen we can great um thank you carlos for that awesome introduction just let me know how much i owe you afterwards um with that in mind um once again thank you and everybody welcome to the osha records keeping this is going to be an overview i want to put a disclaimer first first of all uh myself and angela are going to be talking for you know a little bit less than an hour on this topic and this is actually a four-hour topic if you take the uh the osha course so i'm going to talk a little bit about that at the end which we do want to have one coming up hi so the purpose of this rule uh 1904 is to require uh employers to record and report work related fatalities injuries and illnesses this does not mean that when you report this to osha that means that the employer was at fault or that any of the osha rules has been violated or that the employee is eligible for work compensation or other benefits this is very very important to know everybody thinks that when you're reporting uh some you know the osha you're going to get in trouble well no you're actually reporting what just happened and then an evaluation of the injury or illnesses will will dictate what happens afterwards but another thing we wanted to make clear and i think angela will probably talk a little more about this is the difference between ochre injuries illness recording and workers compensation they are totally independent of each other as with anything else records keepings does have exceptions in this case records keeping based on the size of the employer if you get 10 or less you may or may not be required to you also have partial which is based on specific naacs but you still can be requested to do so and last but not least it's based on industry unfortunately all construction uh agriculture manufacturing and utilities and wholesale trades are covered under this section recording criteria all employees identified under this 1904 must report each fertility injury or illnesses that is first of all work related second law it's a new case and third of all meets one or more criteria contained in section 1907 and 19 through 1904.11 and those includes the general industry general recording criteria needle sticks the medical removal and hearing loss and tv tuberculosis um not to go through the entire thing but this is pretty much a definition of work relatedness you look down at the red lettering on the bottom it's just pretty much any event or exposure that occurs during the work environment in the work environment so gabriel i'm gonna go ahead jump in here um you can hear me right everybody can hear me all right this is angelo thanks for having me this morning um there's a lot of uh words in there that have significant meanings and i wanted to point some of them out and i wanted to give you some examples because it's important uh first to determine whether the uh injury or illness was work-related okay and so let's talk first about the definition you consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed and i want to stop there what osha says is that it's not the cause or the contributing factor it is a cause or a contributing factor so there could be other factors that cause the illness or injury uh as long as one of those factors was an event or exposure in the work environment it's work related then you go on and say and it says that the resulting condition or significantly aggravated a pre-existing injury or illness and we're going to talk about that a little more in a little more detail what's important here is that work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment unless an exception in b2 applies and i wanted to go over a couple of the exceptions one of them being that [Music] the injury illness or illness involves signs or symptoms that surface at work but results solely from a non-work related event or exposure that occurs outside the work environment or that the was employed that the employee was doing personal tasks at the establishment outside of the employees assigned working hours or that the illness is the common cold or flu but they note that contagious diseases and and we'll talk about that bad word covid are considered work related if the employee is infected at work and we'll go through that then finally mental illness uh is not considered work related unless there's an opinion from a physician stating that the employee has a mental illness that is work related right so what happens where a worker has worn his work boots to apply a sealer to his pavers at home then he goes to work and as a result of the cila being on his work boots he falls and injures himself at the work site is that work related know of how many of you would consider that work related uh but the problem is is if you look technically at the definition none of the exceptions apply so if you read the definition technically it's work related and has to be recorded but and there's always a but with us lawyers let's give you another example there's an let's say someone has an epileptic seizure at work which results in a fall and the employee breaks his arm is actually an ocean interpretation here okay um and in the ocean interpretation they point to that exemption that i mentioned that where the injury or illness involves signs or symptoms that surface at work but results solely from non-work-related event or exposure now there was no non-related event or exposure nevertheless here osha says that because the or even though the broken arm occurred in the workplace it is clearly not recordable because it resulted in an injury at the uh it results in an injury or resulted from a sign or symptom that is solely not work related and if you take that example and apply it to our first instance again the sealer that was stuck to the shoes occurred outside the workplace so in this situation or in both situations and certainly in the situation with the epileptic seizure where osha has specifically said it's not recordable i do not believe the first instance is recordable either what happens where let's say you have a superintendent on the job um who has a sore elbow from playing tennis he comes to work and he picks up a drill and hands it to a worker and that results in an aggravation of his tennis elbow that is enough to result in medical treatment is that recordable well the question becomes is that a significantly a pre-existing injury and in that situation believe it or not osha says that is reportable because it is a significant aggregation uh because under b4 it results either in restricted work or medical treatment okay and so if the superintendent was not treated previously for the pain in his elbow resulting from his um outside of work activities but comes to work and there's an incident or in a environment or exposure or event that either was a cause or a contribution and in this instance picking up the tool was significant it was was was the action that resulted in him having to seek medical treatment it aggravated his injury osha says that's a significant aggravation because he required medical treatment as a result of that act therefore it is recordable so at first glance there are issues that are going to occur whenever you have an incident at work and i'm going to go through a few more as we go along to help us understand this but make sure that you understand that significantly aggravated means simply that if the act or incident had resulted in medical treatment regardless of whether you know you believe that there was a pre-existing injury that had nothing to do with work if there was something that they can point to that says well because i lifted that tool because i listed that box or whatever i had to go to the doctor and he had to treat me that's going to be a recordable event thanks angelo and just to add by the way very quickly folks if you have questions uh that are pertinent to osha record keeping please go ahead and post them on there and to the joker who sent me the text message no i'm not sure how many superintendents play tennis uh on the regular so you know if you know a tennis playing superintendent make sure you get them this video once it's available thank you very much maybe they're playing golf much more likely all right guys go right ahead thank you go ahead gabriel all right um here um let's take a look at the definition for work environment um work environments is establishment at other locations where one or more employer employees are working or are present as the condition of their employment this work environment includes not only physical locations but also equipments or materials used by the employee during the course of his or her work i want i wanted to jump in there also gabe just to give one example um a lot of us have uh employees who are working remotely and so under those circumstances once they set up their work environment at home let's say or at another location and injure themselves there it's possibly work related when i say possibly i mean i'll give you the two extreme examples if they're working from home and they trip over their dog that's not work related if they're working at home and they plug in their computer to start working and get shocked that is work related uh and so the remote location you have to look at the circumstances to determine whether or not they're engaged in a work activity of any type when the ins the accident occurs or the injury occurs to determine whether or not it's work related but the home base so to speak is an environment that or a work environment rather okay gabriel so in order to determine if the process or if the injury is reportable or not here's a five-step process if you answer yes to any of these questions it is reportable if you answer no to any of these questions it is not reportable so the first thing you ask yourself is did the employee experience an injury or illness yes if the employer's work related yes if the employee injuries is it a new case yes and did it meet the general criteria yes then you go ahead and record this injury and then first time we record days away restricted or transferred record if the case involves one or more days away from work if they come back the next day you put zero in there check the applicability of the osha 300 and count the number of days do not include once again the day of the injury or illness count the number of calendar days that includes everything weekends holidays vacations and and this is something that i've seen a lot of people get hung up on um you only cap up to 180 days days away or restricted and by the way you need to keep it also in the year that happened for example an employee gets injured in december 5th and doesn't return back to work till january 10th those 10 days that they spend in january actually needs to be reported in the uh in the previous year where the accident happened and this is where you go back and address those uh injuries and you update the uh the osha 300 um you may stop count the employee leaves the company for whatever reason uh unless it's related to the injury if it's unrelated you go ahead and you stop it if a medical exception in medical opinion exists employee must follow that opinion restricted work cases i put a note in here an employee's routine job functions are those activities the employees regularly performs at least once a week that's according to what's your standards restrict working activity exists if the employee is unable to work the full workday he or she would otherwise have been scheduled to work or unable to perform one or more routine job functions the case is not recordable if the exploit experience experiences just minor musculature discomfort healthcare professional determines that the employee is fully able to perform all of his or her routine job functions and the employer assigns a work restriction to the employee for the purpose of preventing a more serious conditions from developing job transfer this is where a case is reportable if the injury or illness of the ill employee performs his or her routine job duty part of the day and is assigned another job for the rest of the day all right let's take a look at the difference between now medical treatment and first aid medical treatment is the management and care of patients to combat a disease or disorder it does not include any visit to physician solely for observations or counseling it doesn't include diagnostic procedures and definitely doesn't include first aid first aid go ahead can we go back to that job transfer slide a second i want to make a couple of comments on that so as gabe said a case is recordable if the injury or employee performs his or her routine job duties for part of a day and is assigned to another job for the rest of the day there are some significant issues that occur a lot of us have light duty assignments particularly where we have um a worker's comp claim that occurs as a result of the injury or illness um workers comp as you know uh is implicated whenever there is an injury or illness [Music] that occurs in the workplace and in cases where you have an employee who is reassigned let's say to another job in order to avoid indemnity benefits because as most of us know i think that if you have indemnity benefits being paid that has the greatest effect on your mod in a workers comp scenario now the other issue i wanted to raise here is you know particularly if you have a light duty policy or practice and this is a little bit outside topic but it's important because situations where the employee has a chronic musculoskeletal injury for example where you've recorded it and it's also a workers comp matter but you've assigned them to a job for light duty you need to make sure that your light duty policy has a cap and the reason for that is because if the injury or illness is such that it could be considered a disability under the americans with disabilities act then that transfer if it looks like a job that can be performed permanently and the employees [Music] restrictions as they tend to do drag out for months or even years then placing them in a job for an excess period of time and a lot of a lot of people cap it at either 120 or 180 days and that's fine but if you don't an employee continues doing that light duty job to avoid the indemnity and it goes on for six months or so it may be looked at as a reassignment which accommodates a disability and you and if it looks too much like a permanent position then it could be considered an accommodation and taking them out of it might result in a violation of the ada so what you want to make sure is is that if you have a written light duty program at the very least under workers comp then that is capped and it has in bold at 20 points that it is a temporary position uh to ensure that you avoid the situation where it's considered an ada accommodation uh and and so i just wanted to point that out on the workers comp side uh obviously in as dave said in those situations where you know you have to transfer someone to a job it is a recordable injury okay thanks gabe you can move on let's talk a little bit about first aid um these are some of the examples that first aid that can be given to an employee who has been real but one of the ones that really catches my eye a lot especially when i do visits and help companies out is the first one using non-prescription medications on non-prescription strength um we all know that if the doctor prescribes uh a medication uh that it's not over-the-counter it's an automatic uh recordable however not too many people know also that if you prescribe um acetaminophen at 800 megahertz 800 pills they don't have to classify that and and they do because once again you got to take a look at the the medicine if that medicine is designed to be taken at 200 milligrams and you're taking 800 based on the doctor's recommendation then it it would be a reportable you will document back over time a lot of issues here in determining whether or not it's first aid or not become more difficult because of confidentiality and hipaa requirements and so if you know you are unsure um i think in most situations you have the right particularly if there's a workers comp claim um you or your adjuster has the right to determine whether or not or what type of treatment was provided because a lot of times a lot of employers are reticent about going in and asking medical questions either of the employee or of the provider the medical provider as to what occurred um as you know you know if you know situations where uh an employee is injured and is transported to the hospital okay there's a question of whether or not we have to report that to osha and you report that if in fact the employee has been admitted so how do we know they're admitted well we can ask we can call the hospital or the medical center and say has that individual been admitted to the hospital has that individual been receiving uh certain types of treatments that would not only require reporting or not but also determine whether or not it's recordable um and so you know in lots of these situations where the employee is going to be out for a period of time and you're unsure whether or not it's recordable you can ask the ada does not prevent you from asking questions when an injury occurs that might or might not be covered under the disability act from asking these types of questions from medical providers okay gabe well i really want to thank you there's not too many times i can do a presentation with the legal expert next to me once again loss of consciousness um anytime there's a lost conscience at work it must be recorded any significant diagnose injury or illnesses the following work related ones must be recorded at the time of the diagnosis by the physicians licensed healthcare provider cancer chronic irreversible diseases punctured ear drums and a fractured or a cracked bone or tooth preexisting conditions how do i know if an event or exposure in the work environment significantly aggravated a pre-existing um in your illness um angela you talked about that um yeah so i mean you're looking there at the the definition where pre-existing injury illness has been significantly aggravated uh um it's gonna need to be recorded um um if the injury uh or if the event or exposure results in death loss of consciousness um um the next slide uh one or more days away from work uh and medical treatment okay in in a case where no medical treatment was needed for the injury illness before and that was my my uh example with the uh superintendent who was either playing golf or tennis um depending upon your point of view uh and um went to work lifted a box lifted a tool lifted something which aggravated it enough that it required medical treatment and so that's why i came to the conclusion there that that was a reportable event but let's let me give you uh one or two other examples um let's say the employee comes to work and he's sweating profusely a co-worker notices and then the employee puts on ppe let's say he's um in the electrical field he's putting on rubber boots rubber gloves a slicker suit goggles etc and he continues to say he's not feeling well and as a result uh he's transported now remember he came to uh uh work sweating profusely already i'm you know i'm not even gonna say what his uh diagnosis was it's not necessary in this situation but the question becomes is that recordable okay um and so this is you know an actual example from an osha interpretation and there were two osha representatives at this meeting and one said yes and one said no and so that's i think illustrates the fact that that a lot of times there are ambiguities here that force us to make a tough decision as to whether or not something is recordable in this instance because he was at work and donned his equipment and continued to complain and then was transported and and received medical treatment i would lean in the direction of recording the incident okay let's say you have um uh uh a softball uh and and by the way the osha conclusion in that interpretation after that two uh representatives had different opinions was that it was recordable what about a softball shoulder injury where the employee comes to work lifts a heavy box and the next day takes off because he complains about his shoulder again osha says that's recordable um here's one that's even more um ambiguous let's say an employee is walking down a hallway simply from the act of walking pulls a muscle on his leg is that recordable interested to hear how many people think it is or it isn't um but the answer to that question is i'm going to give you the typical lawyer answer maybe uh you really in that situation have to look at other circumstances you know was um uh whether or not the work environment or the duties of the employee were a cores remember it doesn't have to be the cause but a cause um or a contribution um or did it solely result from non-work related activities so you look at you know the time of day was this first thing in the morning he's walking down down the hall to his work assignment in that situation i would say not recordable what if he was working during the day climbing ladders and and um we determined that he was up and down ladders about 30 times at the point in time when he walked down the hallway and hurt himself and again i'm giving you extreme examples but um that obviously would be recordable what if he was climbing up and down ladders the day before cleaning the gutters at his house we discover that not recordable so really there has to be an inquiry here in a situation like this where it's not obvious he didn't fall um he was simply walking down the hall and and his muscle gave way uh so what what was happening during in the workplace during that day prior to that that could have been a contribution or a cause of the muscle pull that required medical treatment um that determines whether or not we're going to record the incident so in many cases the you know pre-existing conditions it is not a situation where it is definitely not recordable there could be facts and circumstances particularly where there is something that you can point to in terms of job duties in the workplace that put the employee over the top in terms of the symptoms and resulted in medical treatment that would make it recordable so there has to be a little investigation done in order for us to make the determination with respect to pre-existing conditions okay all right the next hot topic um code 19 recordable illnesses if the cases is confirmed uh you need a positive uh test uh the case is work related as previously defined and the case involves one or more of the general recording criteria set forth in 1904.7 now one of the things i'd like to make clear as with any illnesses which is you know tracing it down to um work related it's a little bit more difficult due to the fact that once again this has an incubation period between 10 and 14 days and uh pinpointing where you got this disease it's really really hard so um maybe angelo you can probably throw in a couple of your experiences with this yeah i've had more than a couple uh believe me over the last year um you know the the the real question here again is work relatedness so what osha recommends here is that you do an investigation into work-relatedness to determine if it's recordable you can start simply by asking the employee how he believes or she believes they contracted the illness [Music] you know review the employees work environment were there any other instances of workers in that environment contracting the illness you know if you learn later on that that illness was contracted outside or inside the workplace for sure uh you need you know if if it was you know if it was likely that that it was work related um as a result of contract tracing that you perform and that there was close exposure to a particular co-worker that had a confirmed case or if you have a situation where you have an individual who has frequent contact or exposure to the general public um or if you have um well those types of situations generally i mean if it's if you can say after looking at those situations that it is more likely that it was contracted in the workplace then it is reportable now i caution you because i i think it's my opinion that it's very difficult to make that determination even if you have someone who uh was within the vicinity and contracted if i mean if you're in an open site construction site it is less likely in my view that someone is going to contract simply by having contact with a person who has a known positive result um there's one section here that that says that you know employees covered 19 is not work related or is likely not work related if they're the only worker to contract cover 19 in the vicinity [Music] and they don't have frequent contact with the general public let's say in that situation i think you know if you have two people in the same vicinity who contracted it one is not recordable and one is right uh because that first person who got it likely got it from outside the workplace then you have to determine if the second person had sufficient contact um you know just because they work on the same work site you know are they on the same crew uh had they worked together after the first person was uh or had a positive result um look at all the circumstances and i think more often than not you're going to determine that it is not work related um you you can most people um you know you're going to find that you know if they have associated with someone a family member a significant other a friend who is not a co-worker and may have exposed the employee i mean you know those situations uh you have to you know rely on the employee and say hey you know as anyone you know in your immediate family or uh have you had contact with anyone else who had a positive result in the last uh 10 days or so again and it's it's it's it's not an easy situation but i lean more towards the non-work related than i do to the work related unless you have really good evidence that that that the individual was working closely with someone who you find out had tested positive um for purposes of workers comp basically the the same criteria apply you want to conduct an investigation to determine if it is work related the cases that i have been seeing uh because this disease is so virulent and and easily contracted and um and so you know prevalent right now in terms of positive results um most if the vast majority of claims that have been brought in the workers comp arena have been rejected it's very difficult to prove one way or another whether where the the uh incident let's call it uh occurred and which resulted in the virus being transmitted particularly in outside construction work sites i think you have a good argument there in most cases that it would be difficult to contract unless you have a very clear clear evidence [Music] excuse me that's a workers cough it's not covered the smokers cough rather um so um i i think with regard to to recordable illnesses and and although covet 19 is a flu it is contagious so technically under the regs it would be recordable but in in looking at what osha has told us uh what cdc has told us um and various other agencies dealing with health issues including the florida department of health i think you're going to come down to find that in in the vast majority of cases unless the evidence is absolutely incontrovertible that it's not a recordable event not a genuine workers comp claim okay good thanks um next let's talk a little bit about the forms here uh employer must enter each reportable case in the form within seven calendar days of receiving that information you may use a similar form to the 300 however it needs to have the same information be understandable and have uh similar instructions forms can be kept on a computer as long as they're produced when they are needed and met in the provision of the standard which sometimes calls for you have to be able to provide for within four hours first is your 300. um this is the bread and butter this is pretty much where all the information pretty much goes into um as i sit down um with uh uh you know uh clients and and work with them to uh to see what they're doing right and what they're doing wrong i say i see the biggest mistake uh they make is in this area right here uh where they classify the uh the uh injury um and but if you read here it says classified during your check only one box whichever is the most serious so you start off first with dead you know if the person died it was a fatality yeah we'll go ahead and mark it here however if it wasn't the next one in line will be days away from work that takes presence over job transfer um let's say a person did both um you know was they away from work and then was later on on a restriction or a job transfer well according to this it says check one box the most serious one so in this case will be days away from work and then here you will go ahead and document the information for days away from work or or the job transfer as to how many days and remember there's a 180 cap um next form is a 301 and here's where you document what happened um and angelo's probably going to talk to you a little bit about number 15 but one of the things i stress for everybody is try to put as much information down as you can here to help you diagnose what the problem is and come to the root cause uh and that's what you want to do you know prevent it from happening again um angel will probably talk a little bit more but uh he it does make sense on number 15. um it's it's what you tell the story of to pretty much what happened angela you want to take it from there sure that's the question that um i think scares all lawyers particularly those who represent a client that is being sued under workers comp or perhaps they even try to go outside workers comp and sue you under your coverage b which is you know there was reckless disregard um and so um you know the example there worker was sprayed went chlorine when gasket broke during replacement okay the only thing that does for you if you if you make a statement like that is put you in uh risk for a potential uh um liability claim um you know was the gasket bad in the first place and the maintenance person installed it anyway um did the maintenance person know was the maintenance person supervised you can see how it you know it goes down the line towards you know is there has there been some negligence here has there been some reckless disregard um um so my view in terms of number 15 is to um be as brief and concise as possible um okay so the you know i would say something to the effect with respect to the first example um um employee uh fell off the ladder and injured himself as opposed to ladder slipped on a wet floor okay first of all we all know that ladder slipped on a wet floor is going to bring you osha uh citations uh it's going to bring you a workers comp claim and you know who was monitoring you know and why was the floor wet and and was there any uh measures taken to avoid putting that ladder on that wet floor uh et cetera et cetera et cetera so again i think it's important for us to think carefully about what we put in number 15. and that's all i'll say about that and the next one would be the um the 300a um the issue that i see here a lot is uh the numbers sometimes don't match here um you know uh some of the clients that i work with will go ahead and start putting injuries in here and then all of a sudden when you get down to this section here it doesn't match uh they have five injuries here and only three injuries here something went wrong um also the the days away from work uh sometimes doesn't match and so forth um but the biggest issue here we got here is to ensure that everybody um is putting in the right information in here um the average number of employees as uh once again is the average number you know you take the most you had and the less you had and get an average from there the total amount of hours worked and it must be certified by a company executive okay uh you can be just a safety officer or it can be an hr if they don't have the authority it has to be um a company executive or the owner of the company and the reason they're doing that is because a lot of times um you know maybe a safety director an hr director let's go ahead and filling this out and winning it and submitting it and osha comes on knocking at the door and the owner doesn't even know what's going on so they want to be able to know that hey i'm i'm fully aware what's going on in my company and they're taking responsibility for it and last but not least make sure you post this come february 1st to april 30th red line all right so i'll uh comment on the red lining obviously um if at some point subsequent to the event it's determined that it is not recordable then you can redline that particular log item and so they give you the common example which is you complete an investigation and you have two physicians one of whom says it's first aid only the investigator may initially determine that it's recordable but because of the second physician's opinion it's deemed to be non-recordable now i actually looked through osha's site and i found one situation where someone had a heart attack on the work site resulted in a facet fatality osha recommends there that you should initially record the event and obviously notify osha within eight hours because it was fatality um but that you can then redline it when you later determine that the cause was arterial sclerosis as opposed to anything that or there was no cause or contributing factor uh on the work site that um resulted in the in the work site based uh were resulted in a heart attack rather based upon the opinions of the uh of the doctor uh or the treating physician so in in that situation uh yeah initially you're gonna have to record it and and and notify osha um but uh it can later be redlined when conflicting information comes in about there being no causation in the workplace okay gabe all right let's talk a little bit about covered employees everybody knows you know that every employee in the payroll is covered um but employees not on payroll who are supervised on a day-to-day basis are included exclude self-employed and partners and last but not least any temporary help agencies should not record their experienced by temp workers who are supervised by the using firm so in other words if you hired um you know a bunch of people and you're actually supervising them on a temporary basis you're technically responsible for them and you should be able to log those on your um 300. right and if you're you're if you're supervising them um under all label or definitions uh if you're you're directing their day-to-day activities you are considered the employer um if you have independent contractors they would not be considered employees for these purposes though you need to make sure that true independent contractors they meet all the criteria that makes them an independent contractor and again one of the criteria is whether or not you're directing their day-to-day activities whenever you direct and supervise their day-to-day activities and i'm not talking about you know you telling them what the results are to be or how quickly they're to complete their project i'm talking about you're supervising uh the details of how they actually perform their tasks and that makes them an employee so for a lot of different reasons we have to be careful about how we designate people as independent contractors versus employees i see you know a multitude of of wage hour cases alleging overtime by people who were wrongly classified as independent contractors um you know there are state agencies that come in for example i just got one yesterday where an employee or rather an employer had a group of individuals who they considered to be independent contractors and the division the florida division of workers compensation came in to audit them and they're alleging the state is alleging that these individuals were wrongly classified because they were supervised on a day-to-day basis by the employer and therefore they have to pay not only penalties but all the premiums that they would have had to pay for those individuals under workers for a workers comp policy and you know depending upon the size that can get into a a fairly large number so we need to be careful how we classify employees uh not only for uh whether it's a recordable event but also for numerous other labor issues that could arise if they're wrong with classified okay next on the list fatality catastrophe reporting as we all know you must report within eight hours any work-related fatality and within 24 any work related amputation loss of an eye and or inpatient hospitalization of one or more employees remember used to be three now it's one uh you do not need to report highway or public street motor vehicle accidents outside a construction work zone and you do not need to report any commercial airplanes train sub subways or bus accidents uh transportation accidents retention updating um you must keep uh all forms for at least five years following the year that they cover um one good point angelo made when we were talking about this is if you have a case that has pending or ongoing um or you might want to keep it for longer than that um another thing is update any osha form during that period and need not update the osha 300a or 301 and in the event that any government representatives requires it you must provide copies of the records as i mentioned before within four business hours and use the business hours of the establishment where the records are located electronics reporting many but not everybody is or all the uh um employers establishment must electronically report their forms 300 a data to the osha um according to the osha um anything anybody any company from 2249 employees are classified in certain industries must report it establishment with over 250 employees must report it and this must be done and completed by march 2nd of each year and i i actually put the link in here of the injury tracking application that's available where they will actually walk through and just put all this information down last night at least i would like to thank angelo for supporting me it's not every day i get the luxury of having um such a a wealth of experience backing me up on this um and also i wanted to mention that the usf oti center um is actually going to be providing an osha 78 45 this is a numbered course and it's going to be on january 19th this is going to be a four hour course and once again and provide educational credits um so if you want to go to this website here that you see here usfotic.org they will be able to provide them with all the classes that we have available including the 7845 so if they want to register they need to do that right away could you go back one more time just so folks can get the website off that slide real quick just give everybody another moment to get that and the folks i will be sharing this presentation with you both in video format and the powerpoint presentation that'll be available on our website it takes about 48 to 72 hours but you'll have access to all this great info as well go ahead gabe i'm sorry you can go to the next slide i'm sorry yep and this is where questions can come in yeah i got a few for you guys uh firstly um when recording the total number of hours worked by employees on the osha 300a form do you include pto and sick time paid okay maybe i can try to answer that one i'm presuming that the employee has injured themselves in such a way that they need to take time off and in taking that time off they utilize their pto or sick time pay to maintain their pay during the first seven days let's say as we all know workers comp doesn't pay the first seven days if they do back blah blah blah blah but any event so the answer to the question in my view in that situation is yes those days are recordable you know even though they took pto okay great because they're simply taking pto to to replace their their uh their pay the reason why they're out is still because of the incident okay if you got some questions folks feel free to post them um let me see here i have a few that i know were answered all right here here's a here's one i will i will uh the question is do you stop counting risk when do you stop counting restricted days for an employee is it the day they had no restrictions or is it when they received their mmi my opinion would be it would be the day that they uh have no no more restrictions you can reach mmi and still have restrictions or not and so those restrictions let's say someone has a musculoskeletal they've reached mmi they're that their best physical condition possible but still can't lift according to their provider over 50 pounds well there's still restrictions so you're still recording those days okay hey if uh if someone's admitted to the hospital for observation is that not reportable is it if it's if someone's admitted only for observation is that still reportable um well admitted is is obviously what the definition of osha yeah and so if they're being admitted i've seen differing opinions on this um observation you know the question is what what do they mean by observation so um you know if if you've had an incident in which a person um has to stay overnight in the hospital for observation because of concerns um over their symptoms then i would say yes okay hate should uh and i'm gonna i'm gonna give you guys two more questions first one is easy next one is multi-part should temporary worker hours be included in the total hours reported for workers comp purposes uh i i believe it's for reporting of total hours for recording uh purposes um are you talking about the ocean 300 right yeah gabe i think the answer is yes right they're temporary workers they're out um um whatever hours they're out as a result of the illness or injury that was work related and that has to be recorded are you talking about just injuries or are you talking about just regular work hours regular work hours yeah yes they do for for the 300 yes they are technically paying for that service for those hours okay great and uh and let's see i've got one last one for you how far back how far can you go back to redline a previous recordable case and they specifically ask if you can go far as far back as 2019 and the second part what if the injuries are now healed can a physician still re-evaluate what the appropriate treatment could or should have been the the uh the first question is there's nothing in the regulations which put a limit on um the time frame in which you can redline right so i would say the answer to that question is yes uh you can redline going back to 215. the only thing they put in there is is if and when you learn about uh the reason for redlining that's when you redline what was the second question again carlos uh the second part excuse me what if the injuries are now healed can a physician still re-evaluate what the appropriate treatment could or should have been i yeah i mean that's really a question for a provider but i think you know you let me let me put it this way and this may be helpful if you have someone who um has an injury and is out of work uh and the physician says that they're at mmi um but um you know they can no longer lift 20 pounds even though they're at mmi and that person you know based upon that can't do your job um well you may want to for purposes under the ada request a second opinion or request uh an fce um um the ada would would in that situation uh mandate an effort to accommodate and so your effort to accommodate is is better served when uh you seek medical opinion as suppose as opposed to making your own determination uh of um whether that employee can be accommodated we're not doctors i'm not a doctor i wouldn't tell a client how you can accommodate someone with a restrict you know with a restriction that that is ambiguous or or even if it isn't ambiguous until they go to get additional medical information so that we can eliminate the risk of an ada claim i hope that helps you know again the provider basically is going to make the determination in most of those instances all right well thank you to the two of you this is absolutely fantastic um we appreciate you giving us your time today again folks this presentation is going to be made available to you all via our website in 48 to 72 hours and we'll be sending you a reminder email uh and also with registration for next month where our guest will be willis towers watson um so that's gonna be on february 10th so um before you go just want to let you all know our contractors and clay's event is back we're going to be going to quail creek plantation on march 19th that is a friday so if you go on our website www.sfagc.org and click on the events menu you'll see the registration for that event is up i really look forward to having a ton of you there it's very popular within the safety community um thank you brian truskee i see you out there in the chat thank you to all of you who are participating in the chat you know that's the one thing we miss from being in person is you all being able to interact with one another so i'm really happy to see some of you really putting that to practice in our chat feature it keeps our community strong which is really what this was all about from the get-go um couple final thank yous again gabe and angelo thank you for taking this time to speak with us today milwaukee tools thank you for your support of uh of our safety sessions kelly cronenberg to the whole team behind the scenes thank you all very much uh safe right solutions thank you for hosting us um and the members of our safety committee deborah hampton ian schwartz jose bovadilla mark leonard brian cardona and anybody who had a high level involvement like my boy brian thank you again for coming on and working with all of us there on the chat um we love having everybody up here and engaged it's important um that's it folks have yourself a wonderful day please stay safe out there you know coronavirus isn't going away um you know infection rates are way way way higher so make sure you keep protecting yourselves and your employees out there on the job site i have a lot of pride although i am not a safety director i'm just a pretty face here at the agc but i have a lot of pride of being part of your group and all the work you have done for the construction industry um you know to keep everyone safe especially compared to other industries and and what's going on there in the public so thank you all very much see you guys in a few weeks um if you have any questions you know where to reach us have a great afternoon everybody have a great day thank you so morning bye much all right take care you guys have a great day you