Summary of Changes

Changes in the rule include new forms, reporting criteria, definitions, and more. Some of the key changes, as reported in the PIA advisory, include:

• New forms. The new regulation calls for new reporting forms that can be obtained from OSHA's Web site (osha.gov) or from PIA. OSHA 200 and OSHA 101 logs are no longer valid.
• Changes in reporting requirements. The new regulation consolidates reporting for work-related injuries and illness. Employers must record work-related injuries and illnesses if they result in the following: death, days absent from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, or diagnosis of a significant injury/illness by a physician or other licensed healthcare professional.

Also, the regulation changes how the aggravation of pre-existing condition is treated. The prior rule considered any aggravation of a pre-existing condition by a workplace event work-related. Under the new rule, the burden of proof is on OSHA to prove otherwise if an employer determines that the injury/illness was not work-related.

• More defined definitions. One of the more significant changes is in the definition of first aid. The new rule specifically lists treatments considered to be first aid, and any assistance provided to an injured employee that is not defined as first aid is considered medical treatment and must be reported.

The definition of restricted work activity or "light duty" was clarified. Restricted work activity occurs when an employee cannot work a full shift and cannot perform all of his or her routine job functions, which are defined as any duty performed at least once a week. Under the new rule, if an employee is restricted only on the day of the incident, it is not a reportable injury.

As a result of issues raised by PIA, OSHA is reconsidering how it will define and handle musculoskeletal disorders (ergonomics injuries) and hearing loss. In the meantime, musculoskeletal disorders will be treated like all other injuries or illnesses with respect to days away from work, restricted work, transfer to another job, or medical treatment. The hearing loss threshold will remain at 25hB or more from the original baseline for one year, after which time OSHA will provide further guidance.

• Some additional requirements. Employers are now required to record all needle stick and injuries involving contamination with another person's blood or other potentially infectious material. This change is a result of the blood-borne pathogens' regulation.

Employers also must inform each employee on how to report an injury or illness. OSHA is likely to be very strict on this item. OSHA's Web site includes information on training employees, as well as a copy of the regulation, new recordkeeping logs, and more.

The PIA advisory states, "Despite a good many changes to improve clarity, the new rule is still confusing and will remain a paperwork problem for employers. Furthermore, the emphasis on citations rather than compliance assistance causes a great deal of worry. Recordkeeping violations are the most often cited in the printing industry. Being able to show a company has made a good faith effort to comply with the new rule is critical to reducing the likelihood of citations."