Old Rule |
New Rule |
Forms §1904.29 |
OSHA 200 - Log and Summary OSHA 101 - Supplemental Record |
OSHA 300 - Log OSHA 300A - Summary
OSHA 301 - Incident Report |
Work-Related §1904.5 |
Any aggravation of a pre-existing condition by a workplace event or exposure makes the case work-related |
Significant aggravation of a pre-existing condition by a workplace event or exposure makes the case work-related |
Exceptions to presumption of work relationship:
1) Member of the general public
2) Symptoms arising on premises totally due to outside factors
3) Parking lot/Recreational facility |
Exceptions to presumption of work relationship:
1) Member of the general public
2) Symptoms arising on premises totally due to outside factors
3) Voluntary participation in wellness program
4) Eating, drinking and preparing one's own food
5) Personal tasks outside working hours
6) Personal grooming, self-medication, self infliction
7) Motor vehicle accident in parking lot/ access road during commute
8) Cold or flu
9) Mental illness unless employee voluntarily presents a medical opinion stating that the employee has a mental illness that is work- related. |
New Case §1904.6 |
New event or exposure, new case |
Aggravation of a case where signs or symptoms have not resolved is a continuation of the original case |
30 day rule for CTDs |
No such criteria |
General Recording Criteria §1904.7 |
All work-related illnesses are recordable |
Work-related illnesses are recordable if they meet the general recording criteria |
Restricted work activity occurs if the employee:
1) Cannot work a full shift
2) Cannot perform all of his or her normal job duties, defined as any duty he or she would be expected to do throughout the calendar year. |
Restricted work activity occurs if the employee:
1) Cannot work a full shift
2) Cannot perform all of his or her routine job functions, defined as any duty he or she regularly performs at least once a week |
Restricted work activity limited to the day of injury makes case recordable |
Restricted work activity limited to the day of injury does not make case recordable |
Day counts:
Count workdays
No cap on count |
Day Counts:
Count Calendar days
180 day cap on count |
Medical treatment does not include:
1) Visits to MD for observation only
2) Diagnostic procedures
3) First aid |
Medical treatment does not include:
1) Visits to MD for observation and counseling only
2) Diagnostic procedures (including administration of prescription medication for diagnostic purposes)
3) First aid |
First Aid list in Bluebook was a list of examples and not comprehensive |
First Aid list in regulation is comprehensive. Any other procedure is medical treatment. |
2 doses prescription med - Medical Treatment
(MT)
Any dosage of OTC med - First Aid (FA)
2 or more hot/cold treatments - MT
Drilling a nail - MT
Butterfly bandage/Steri-Strip - MT |
1 dose prescription med - MT
OTC med at prescription strength - MT
Any number of hot/cold treatments - FA
Drilling a nail - FA
Butterfly bandage/Steri-Strip - FA |
Non-minor injuries recordable:
1) fractures
2) 2nd and 3rd degree burns |
Significant diagnosed injury or illness recordable:
1) fracture
2) punctured ear drum
3) cancer
4) chronic irreversible disease |
Specific disorders |
Hearing loss - Federal enforcement for 25dB shift in hearing from original baseline |
Beginning 1/1/03 record all work-related hearing loss cases that meet BOTH of the following conditions on the same audiometric test for either ear:
1. The employee has experienced a Standard Threshold Shift (STS) AND
2. The employee’s total hearing level is 25 dB or more above audiometric zero (averaged at 2000, 3000, & 4000 Hz) in the same ear(s) as the STS.
Beginning 1/1/04 A separate hearing loss column on the OSHA 300 Log beginning in Calendar year 2004. |
Needlesticks and 'sharps injuries' - Record only if case results in med treatment, days away, days restricted or sero-conversion |
Needlesticks and 'sharps injuries' - Record all needlesticks and injuries that result from sharps potentially contaminated with another persons blood or other potentially infectious material |
Medical removal under provisions of other OSHA standards - all medical removal cases recordable |
Medical removal under provisions of other OSHA standards - all medical removal cases recordable |
TB - Positive skin test recordable when known workplace exposure to active TB disease. Presumption of work relationship in 5 industries |
TB - Positive skin test recordable when known workplace exposure to active TB disease. No presumption of work relationship in any industry |
Other issues |
Must enter the employees name on all cases |
Must enter 'Privacy Cases' rather than the employee's name, and keep a separate list of the case number and corresponding names |
Access - employee access to entire log, including names; No access to supplementary form (OSHA 101) |
Access - employee and authorized representative access to entire log, including names; Employee access to individual's Incident Report (OSHA 301); Authorized Representative access to portion of all OSHA 301s |
Fatality reporting - Report all work-related fatalities to OSHA |
Fatality reporting - do not need to report fatalities resulting from motor vehicle accident on public street or highway that do not occur in construction zone |
Certification - the employer, or the employee who supervised the preparation of the Log and Summary, can certify the annual summary |
Certification - company executive must certify annual summary |
Posting - post annual summary during month of February |
Posting - Post annual summary from Feb 1 to April 30 |
No such requirement |
You must inform each employee how he or she is to report an injury or illness |