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Health and Safety News

Volume 8, Issue 48

December 4, 2007

Question of the Week

Determining the Date of Injury for OSHA Record-Keeping Purposes

Q. On December 17 of last year, an employee in a job involving repetitive motion work complained of bilateral wrist pain. The employee was given conservative first aid treatment and returned to work. Two months later, on February 20 of this year, the employee was seen by a physician, diagnosed with bilateral carpal tunnel syndrome and provided with medical treatment for his illness condition. Later this year the employee’s condition worsened and required surgery. The employee underwent surgery and incurred days off work.

Which date should I use when recording the date of injury/onset of illness for a condition that is treated one year, but the symptoms of which first arose during the previous year?

A. The scenario you describe indicates that the employee had a previous work-related injury or illness that did not result in the recording criteria and thus was not recorded at the time.

“29 CFR 1904.6(a) Basic Requirement. You must consider an injury or illness to be a 'new case' if:
(1) The employee has not previously experienced a recorded injury or illness of the same type that affects the same part of the body, or
(2) The employee previously experienced a recorded injury or illness of the same type that affected the same part of the body but had recovered completely (all signs and symptoms had disappeared) from the previous injury or illness and and event or exposure in the work environment caused the signs or symptoms to reappear.” [Emphasis added]

Therefore the case must be considered a new case, and recorded in the Log as February 20 because the employee has not previously experienced a recorded injury or illness of the same type that affects the same part of the body.

Ordinarily, cases should be recorded on the Log for the year in which the injury or illness occurred. When the date of injury or illness cannot be determined, the date the employee first reported symptoms or received treatment must be used. In the case in question, the injury or illness would be recorded on this year’s Log because the employee cannot specify the date when the symptoms occurred.

This assumes that there was a single recordable injury or report of symptoms, which had occurred on a specific (but not identifiable) date, not a series of contributing or aggravating events or exposures that led to the development of a reportable condition.

In order to use the date the employee first reported the symptoms (12/17), you must determine that no intervening event or exposure occurred in the work environment that was a contributing or aggravating factor. If it seems likely that a new event or exposure in the workplace contributed to or aggravated the employees condition, the case should be recorded on the date the employee was diagnosed (2/20).

[29 CFR 1904—Recording and Reporting Occupational Injuries and Illnesses]

[Recordkeeping Policies and Procedures Manual CPL 2-0.131, Chapter V, Frequently Asked Question (FAQ) 29-5]

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OSHA News, Rules, and Interpretations

11/30/2007—U.S. Department of Labor's OSHA Proposes More than $51,000 in Penalties Against Southwest Georgia Concrete Products Manufacturer

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $51,200 in penalties for 31 safety and health violations found at ConArt Inc.'s concrete manufacturing facility in Cobb, Ga. “OSHA inspectors found numerous serious hazards, including multiple violations making employees vulnerable to amputation, which no employer should tolerate in its workplace,” said John J. Deifer, director of OSHA's Savannah Area Office.

11/28/2007—Confined Spaces in Construction; Proposed Rule

OSHA is proposing a rule to protect employees from the hazards resulting from exposure to confined spaces in the construction industry.

11/16/2007—Entergy Operations Lockport Center in Louisiana Achieves OSHA Recognition for Safety and Health Management

The Entergy Operations Lockport Service Center in Lockport has earned membership in the prestigious Voluntary Protection Programs (VPP) of the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) at the “Star,” or highest, level. “Entergy Operations has demonstrated excellence in effective safety and health management,” said OSHA Regional Administrator Dean W. McDaniel in Dallas. “Its outstanding record includes zero lost workday incidents in more than 20 years. The company is a real role model for the industry.”

11/15/2007—Employer Payment for Personal Protective Equipment (PPE)

The provisions in OSHA standards that require PPE generally state that the employer is to provide such PPE. However, some of these provisions do not specify that the employer is to provide such PPE at no cost to the employee. In this rulemaking, OSHA is requiring employers to pay for the PPE provided, with exceptions for specific items.

11/15/2007—U.S. Department of Labor's OSHA Proposes Nearly $220,000 in Penalties Against Jackson, Georgia, Tire Recycler Following Fatality at Plant

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $219,800 in penalties against Tires Into Recycled Energy & Supplies Inc., Jackson, Ga., for willful, serious and other violations of federal workplace safety standards. OSHA opened an investigation following an employee fatality in May when combustible dust from material caught fire during the manufacturing process. The plant was being operated temporarily at the time until the equipment could be sold to another company. Part of the plant's labor force consisted of employees hired through the Georgia Department of Corrections probationers' diversion program.

11/13/2007—U.S. Department of Labor's OSHA Recognizes Johns Manville in McPherson, Kansas, for Safety and Health Excellence

Manville of McPherson, Kan., has earned membership in the U.S. Department of Labor Occupational Safety and Health Administration's prestigious “Star” Voluntary Protection Programs (VPP), or the highest level. “Johns Manville has exhibited excellence in safety and health management,” said Charles E. Adkins, CIH, OSHA regional administrator in Kansas City. “The company's outstanding efforts have included management commitment to safety and health and employee involvement in safety and health programs.”

11/08/2007—U.S. Labor Department's OSHA Cites Elmira, N.Y., Manufacturing Plant for Thirty Alleged Serious Safety and Health Violations

Kennedy Valve, a division of McWane Inc., faces a total of $68,000 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for a cross-section of safety and health hazards at its Elmira, N.Y., manufacturing plant. The company was cited for a total of 30 alleged serious violations of safety and health standards following an inspection conducted under OSHA's Site-Specific Targeting Program, which is aimed at workplaces with higher than average injury and illness rates.

View more OSHA news

For Lion Members and Recent Course Attendees: Visit the Lion Online Library to view the most recent OSHA rules and interpretive letters.

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CSB News

11/15/2007—One Year after Massive Blast in Danvers, Massachusetts, CSB Analysis Confirms Solvent Vapor Explosion, Examination of State's Fire Safety Oversight Continues
The U.S. Chemical Safety Board (CSB) has announced that laboratory testing of chemicals involved in the November 22, 2006, explosion at a Danvers, Massachusetts, printing ink manufacturing company is complete, and confirms that the mixture in the tank was sufficiently volatile to cause the explosion.

View more CSB News

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