What's so important about recordkeeping?
Proper recordkeeping also helps MIOSHA identify high-hazard industries and worksites, and helps determine where our consultative and program resources should be directed. Accurate records give direction to our prevention efforts and voluntary compliance activities.
Who is covered by MIOSHA's recordkeeping rule?
MIOSHA recordkeeping rules have been in effect since the Michigan legislature created the modern MIOSHA program in 1975. MIOSHA revised the recordkeeping standard in 2002 in accordance with federal OSHA recordkeeping revisions to provide clearer regulatory requirements which simplify the overall recordkeeping system for employers and employees. The revised MIOSHA administrative rule Part 11. Recording and Reporting of Occupational Injuries and Illnesses went into effect January 1, 2002.
is the basic recording requirement?
A. Each employer is required to keep records of work-related fatalities, injuries and illnesses that meet one or more of the general recording criteria, including:
Q. How do I determine if a case is work related?
A. A case is considered work-related if an event or exposure in the work environment either caused or contributed to the resulting condition.
A case is considered work-related if an event or exposure in the work environment significantly aggravated a pre-existing injury or illness. (Significant aggravation is defined in Rule 1110(d)(i-iv.)
Symptoms arising in the work environment that are solely due to a non-work-related event or exposure are not work related.
Q. How do I separate first aid from medical treatment cases?
A. Medical treatment means the management and care of a patient to combat disease or disorder. It includes treatment of injuries administered by physicians, registered professional personnel, or lay persons (i.e., non-medical personnel).
Medical treatment does not include first aid treatment (one-time treatment and subsequent observation of minor scratches, cuts, burns, splinters, and so forth, which do not ordinarily require medical care) even though provided by a physician or registered professional personnel.
First Aid Examples
First aid is defined by a complete list of treatments in the standard (Rule 1112(e)(ii, A-N) (iii). All treatment not on this list is medical treatment.
Medical Treatment Examples
Q. What are the three required forms?
A. Following are the three MIOSHA Recordkeeping forms:
Employers must enter each recordable injury and illness on the MIOSHA Forms 300 and 301 within seven calendar days of receiving the information that an injury or illness has occurred.
Q. Which of the forms am I required to post?
A. Employers must post only the MIOSHA Form 300A Summary of the previous calendar year from February 1 to April 30. Companies with no injuries or illnesses in the previous calendar year must post the form with zeros on the total line.
Q. Can I use the Workers' Compensation Form 100?
A. The Bureau of Workers' and Unemployment Compensation BWC-100 Form, First Report of Injury, is used for employers' basic report of compensable injuries and illnesses. The Form 100 can be used in lieu of the MIOSHA Form 301 Injury and Illness Incident Report, by completing questions 1-9, 27-28, 33-45 and 54-57. Employers must use the Form 100 that was revised April 2002, to qualify as a substitute for the MIOSHA 301.
Q. How do I record a work-related injury or illness that results in days away from work?
A. When an injury or illness involves one or more days away from work, you must record the injury or illness on the MIOSHA Form 300 with a check mark in the space for cases involving days away ("H" column) and an entry of the number of calendar days away from work in the number of days ("K" column). You must also check the appropriate entry (1-6) in the "M" column.
Q. If an employee is injured in the afternoon, do I have to record a day away from work?
A. No. A special point to remember when recording cases, is that the day of the injury or illness is not counted as a day away. Examples:
Q. How do I record a case that results in restricted work or job transfer?
A. When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, you must record the injury or illness on the MIOSHA Form 300 by placing a check mark in the space ("I" column) for job transfer or restriction and an entry of the number of restricted or job transferred days in the "L" column. You must also check the appropriate entry (1-6) in the "M" column.
Q. Does the standard protect employee privacy?
A. Employers are required to protect employee privacy by withholding an individual's name on the MIOSHA Form 300 for certain types of sensitive injuries/illnesses (e.g., sexual assaults, HIV infections, mental illnesses, contaminated needlesticks, etc.) If the employer has a privacy case, they must keep a separate, confidential list of the case numbers and employee names.
Q. Do I need to record needlestick injuries?
A. If employers fall under the recordkeeping requirements*, they are required to record all needlesticks and cuts from sharp objects contaminated with another person's blood or other potentially infectious material.
Employers are required to establish and maintain a Sharps Injury Log under the MIOSHA Bloodborne Infectious Diseases Standard for recording of percutaneous injuries from sharps. At a minimum, the log must include: the type and brand of device involved, the work unit or work area where the incident occurred, and how it happened. The information must protect the confidentiality of the employee.
The MIOSHA Form 300 can be used to meet the requirements of the sharps log, provided all of the above information is included. The record must be maintained in such a way that sharps injuries can be segregated from other types of work-related injuries and illnesses.
*Refer to Part 11 Recording and Reporting Occupational Injuries and Illnesses Appendix A - Partially Exempt Industries to determine which facilities are exempt from keeping the sharps injury log.
Q. Do I need to record musculoskeletal injuries?
A. Musculoskeletal disorders (MSDs) are treated like all other injuries or illnesses. They must be recorded if they result in days away, restricted work, transfer to another job, or medical treatment beyond first aid.
The employer retains flexibility to determine whether an event or exposure in the work environment caused or contributed to an MSD.
Q. How do I record hearing loss cases?
A. Standard threshold shift (STS) is an average change in hearing of 10 decibels (dB) or more from the baseline audiogram for the frequencies of 2000, 3000 and 4,000Hz in either ear, as defined by the Occupational Noise Exposure Standard, Rule 2. The recordkeeping rule requires an employer to record 10 dB shifts in an employee's hearing, if the level is at least 25 dB's above audiometric zero. STS that meet the recording criteria must be noted on the MIOSHA 300 Log in column M-5.
Q. What are the requirements for employee involvement?
A. The standard requires employers to establish a procedure for employees to report injuries and illnesses (that informs) employees how to report. Employees are allowed to access the MIOSHA Form 301 to review records of their own injuries and
Q. How do I decide whether an injury or illness is work-related if the employee is on travel status at the time the injury or illness occurs?
A. Injuries and illnesses that occur while an employee is on travel status are work-related if, at the time of the injury or illness, the employee was engaged in work activities "in the interest of the employer."
Q. Are company parking lots considered part of the employer's work premises?
A. The rule includes company parking lots and access roads in the definition of "establishment."
Generally, once the employee is out of the vehicle, injuries and illnesses occurring in parking lots and on access roads are considered work-related (such as accidents at loading docks, snow removal, slips and falls, assaults, etc.) and must be recorded on the company's log if they meet the other recording criteria.
The rule excludes injuries and illnesses occurring while employees are commuting to or from work.
Q. Are motor vehicle accidents recordable?
A. Motor vehicle accidents that are work-related are recordable. A motor vehicle accident is: a motor vehicle vs. a motor vehicle, or a motor vehicle vs. a person.
A motor vehicle accident that occurs in the company parking lot or on the company access road is not recordable if the injury occurred during the employee's commute.
Q. What about employer-controlled recreational facilities?
A. Company recreational facilities are generally not considered part of the employer's premises for MIOSHA recordkeeping purposes, unless the employee was engaged in some work-related activity or was required by the employer to participate in a recreational program.
Q. What if our company has multiple facilities?
A. Employers must keep a separate MIOSHA Form 300 for each establishment. However, the records may be kept at a central location. Employers must be able to produce and send the records from the central location to the establishment within four hours, when they are required to provide the records to a government representative.
Q. Who certifies the MIOSHA Form 300A?
A. A company executive must certify the MIOSHA Form 300A Summary. A company executive is the owner, officer of the corporation, highest-ranking official working at the establishment, or immediate supervisor of the highest-ranking official. The summary must be signed and dated by the employer or whoever is delegated responsibility.
Q. Is it true all fatalities must be reported within eight hours to MIOSHA?
A. YES. An employer is required by law to notify MIOSHA within eight hours of a fatality or any hospitalization of three or more employees suffering injury or illness from an accident. Heart attacks at work which result in a fatality fall within the reporting requirements.
A special telephone line for reporting fatalities and multiple hospitalizations is available 24 hours a day by calling the Michigan Occupational Safety & Health Administration: 800.858.0397.
How can I get more information on recordkeeping?
The examples given are guidelines to help clarify common problem areas. If you encounter recording problems, use good sound judgment and record the case under what you feel is the proper category. A case that is recorded under the wrong category can easily be corrected. The important thing to remember is to RECORD ANY CASE YOU FEEL MIGHT BE RECORDABLE; AFTERWARDS SEEK CLARIFICATION AND ASSISTANCE.
Michigan Department of Licensing and Regulatory Affairs
MIOSHA/CET #0128 (Rev. 12/12)