Federal Register / Vol. 61, No. 23 / Friday, February 2, 1996 / Proposed Rules
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4030 Federal Register / Vol. 61, No. 23 / Friday, February 2, 1996 / Proposed Rules DEPARTMENT OF LABOR 8:30 am on March 26, 1996 and understanding (MOU), BLS retained extending through March 28th, if responsibility for conducting the Occupational Safety and Health necessary. Annual Survey Of Occupational Injuries Administration ADDRESSES: Comments are to be And Illnesses, while responsibility for submitted in writing in quadruplicate, administering the recordkeeping system 29 CFR Parts 1904 and 1952 or 1 original (hard copy) and 1 disk was transferred to OSHA (ex. 6). [Docket No. R±02] (51¤4′′ or 31¤2′′) in WP 5.0, 5.1, 5.2, 6.0 or OSHA's responsibility includes ASCII. Note: Any information not developing, publishing, and providing Occupational Injury and Illness contained on disk; e.g., studies, articles, outreach for recordkeeping regulations Recording and Reporting etc. must be submitted in quadruplicate. and instructions. In 1991, OSHA created Requirements All comments shall be submitted to: the Office of Statistics to assume these Docket Officer, Docket No. R±02, responsibilities and to meet the data AGENCY: Occupational Safety and Health needs of the agency. Administration (OSHA), Department of Occupational Safety and Health Labor. Administration, Room N±2625, U.S. Purpose of the Records Department of Labor, 200 Constitution ACTION: Notice of Proposed rule. The injury and illness records are Avenue NW., Washington, DC 20210, intended to have multiple purposes. SUMMARY telephone (202) 219±7894. Comments of : The Occupational Safety and One purpose is to provide information Health Administration (OSHA) proposes 10 pages or less may be transmitted by for employers and employees, raising to revise Title 29 of the Code of Federal facsimile to (202) 219±5046 provided their awareness of the kinds of injuries Regulations Part 1904, Recording and the original and 4 copies of the and illnesses occurring in the workplace Reporting Occupational Injuries and comment are sent to the Docket Officer and their related hazards. Increased Illnesses, the supplemental thereafter. Notice of intention to appear employer awareness should result in the recordkeeping instructions, and replace at the meeting is to be sent to Mr. Tom identification and voluntary correction the recordkeeping forms. This revision Hall, OSHA Division of Consumer of hazardous workplace conditions. In is expected to result in: a greatly Affairs, Docket No. R±02, Room N±3647, this role, the records serve as a simplified injury and illness U.S. Department of Labor, 200 ``management tool'' for the recordkeeping system for employers, Constitution Avenue NW., Washington, administration of company safety and improved information concerning DC 20210. health programs. Likewise, employees occupational injuries and illnesses, FOR FURTHER INFORMATION CONTACT: Ms. who are provided information on increased utility of the injury and Anne Cyr, OSHA, U.S. Department of injuries and illnesses will be more illness records at the establishment/site Labor, Office of Information and aware of hazards in the work level, increased use of modern Consumer Affairs, Room N±3647, 200 environment, and therefore more likely technology, including computers and Constitution Ave., NW., Washington DC to follow safe work practices, and report telecommunications equipment, and 20210. Telephone (202) 219±8148. workplace hazards. This would improved employee awareness and SUPPLEMENTARY INFORMATION generally raise the overall level of safety involvement. and health in the workplace. This rulemaking is part of the overall I. Background Another purpose for keeping these effort to simplify and revise Part 1904. Administrative History records is to provide OSHA compliance One section, Reporting of Fatality or staff with information which can Multiple Hospitalization Incidents, was Following the passage of the facilitate safety and health inspections. revised in a separate rulemaking. The Occupational Safety and Health (OSH) During the initial stages of an text of the revised § 1904.8, which Act of 1970, the Occupational Safety inspection, the inspector reviews the became effective May 2, 1994, is and Health Administration (OSHA) was injury and illness data for the included in this proposal as section formed to promulgate and enforce safety establishment and subsequently focuses 1904.12 due to reorganization of the and health regulations and standards. In his or her inspection efforts on the various sections of Part 1904. However, 1971, OSHA published the occupational safety and health hazards revealed by § 1904.12 in this proposal includes three injury and illness recording and the injury and illness records. additional changes which are intended reporting regulation, 29 CFR Part 1904. Another use of the injury and illness to further clarify the earlier revision. During that same year, the Secretary of records is to produce statistical data on Also included in this rulemaking is Labor delegated responsibility for the the incidence of workplace injuries and the revision of 29 CFR 1952.4. § 1952.4 occupational injury and illness illnesses, thereby measuring the establishes the recordkeeping and statistical program to the Bureau of magnitude of the injury and illness reporting requirements for States that Labor Statistics (BLS). problem across the country. BLS and have their own occupational safety and Since 1971, OSHA and BLS have participating States make the survey health programs and have been operated the injury and illness data available at an aggregate level by approved by OSHA to enforce safety recordkeeping system as a cooperative industry group for research purposes and health regulations in their State. effort. OSHA promulgated and enforced and for public information. OSHA also The revision of this section is a the recordkeeping regulations while will use employer specific information clarification of the requirements based BLS prepared survey forms, published to help focus its intervention efforts on on the existing interpretation of the recordkeeping forms and supplemental the most dangerous worksites and the current § 1952.4. instructions, provided outreach, and worst safety and health hazards. DATES: 1. Written comments on the conducted the Annual Survey Of proposed regulation must be Occupational Injuries And Illnesses. In Regulatory/Interpretation History postmarked on or before May 2, 1996. 1990 the agencies decided to reorganize When Part 1904 was first 2. A public meeting will be held in these duties, and the Department of implemented, industry safety experts Washington, D.C. in the U.S. Labor announced that the recordkeeping were concerned that the regulations and Department of Labor auditorium at 200 function was being transferred to OSHA. the instructions on the forms did not Constitution Avenue NW beginning at Pursuant to a memorandum of provide adequate guidance for Federal Register / Vol. 61, No. 23 / Friday, February 2, 1996 / Proposed Rules 4031 employers. They requested that the updated the medical treatment/first aid Other Criticisms Department of Labor provide additional lists, and addressed new recordkeeping OSHA enforcement policies of the instructions on employer recordkeeping issues. A short version of the 1980s led to increased awareness of obligations to clarify several Guidelines, A Brief Guide to recordkeeping requirements which recordkeeping issues. The Bureau of Recordkeeping Requirements for resulted in renewed criticisms of the Labor Statistics responded in 1972 by Occupational Injuries and Illnesses (ex. existing recordkeeping system. One publishing supplemental instructions to 7), was also produced. persistent objection has been that the the recordkeeping forms, BLS Report While the 1986 guidelines clarified current injury and illness recordkeeping 412, What Every Employer Needs To the existing requirements, concerns still guidelines are too lengthy and complex. Know About OSHA Recordkeeping (ex. persisted about the quality and utility of Another objection is that the current 1). These supplemental instructions definition of work relationship captures were designed to meet the needs of the injury and illness data. Some some cases which employers believe employers by providing detailed employers believed that the guidelines should not be considered work-related. information on when and how to record were too long and that some of the Examples include employees injured injury and illness cases on the recordkeeping concepts were too while participating in voluntary recordkeeping forms. complex and difficult to understand. A major concept established in the These continued concerns about the wellness programs, cases related to the consumption of food and drink, and supplemental instructions was the injury and illness records and the cases involving workers performing definition of work relationship. related statistics led to the 1987 personal tasks at the workplace during Although the Act and regulations Keystone National Policy Dialogue on non-work hours. required ``occupational'' or ``work- Work-related Illness and Injury related'' injuries and illnesses to be Recordkeeping (described in the Reports Reports recorded, neither provided a detailed Section below). The Keystone dialogue Since the middle 1980s, several definition of the terms. The 412 booklet group identified many problems with studies have evaluated the utility of the defined work relationship as follows: 1) the recordkeeping system and provided cases that occurred at the employer's current OSHA injury