As most employers know, the Occupational Safety and Health Administration ("OSHA") passed new recordkeeping requirements that became effective January 1, 2002. Despite being three times longer than the old regulations, the new regulations are being touted by OSHA as simpler and clearer. In addition to containing several new provisions, the regulations call for the use of new forms for recording and tracking work related injuries and illnesses: Form 300 (Log of Work-Related Injuries and Illnesses), Form 300A (Summary of Work-Related Injuries and Illnesses) and Form 301 (Injuries and Illnesses Incident Report). These changes have caused some state agencies to revise their existing rules and regulations to ensure conformity. Utah is one such state. The following discussion reflects a process taking place in many states as regulatory agencies seek to harmonize their requirements to new standards while also attempting to determine the scope and intent of new requirements.
The Utah Occupational Safety and Health Administrator ("UOSH") has adopted the new federal rules by reference and for the most part will be following the new federal requirements. However, there are some significant differences. First, employers in Utah will continue to record individual incidents of injury or illness on Form 122 (first report of injury for industrial accidents), instead of the new Form 301. Second, Utah will continue to require oral reporting to UOSH of fatalities and serious injuries within twelve (12) hours, whereas the Federal rule requires oral reporting of fatalities and the in-patient hospitalization of three or more employees within eight (8) hours.
The rest of the new federal rules apply in Utah. The rules include significant new provisions regarding protection of employee privacy and employee involvement in recordkeeping and reporting. Another significant change is that the term "lost workdays" has been eliminated and replaced by recording of days away, days of restricted work or transfer to another job. Also, there are new rules for counting that employ calendar days instead of workdays. Other changes include new provisions for determining when mental illnesses are considered work-related and new sections attempting to clarify the existence (or not) of a work relationship when employees travel or work out of their home. Additionally, the list of industries exempt from record keeping requirements has been changed, with some industries now covered who previously were not, and vice-versa. These are but a few of the changes.
The new rules are being phased in over time. Employers in Utah should have already posted at their place of employment a Form 200 (the old form) Annual Summary for year 2001 during all of February 2002. However, for tracking year 2002 incidents, employers should now be using the new log (Form 300) starting January 1, 2002. Beginning next year, employers will be required to post the new Form 300A Annual Summary, for three months (instead of one under the old rule) starting February 1, 2003. As in the past, employers can use alternative forms as long as they record the required information.
*article courtesy of Michael Zody of Parsons Behle & Latimer, Mzody@pblutah.com.