Car Wash - Spring 2016 - (Page 77)

OSHA UPDATE RECORDKEEPING REPORTING REQUIREMENT BECOMES KEY TOOL IN OSHA ENFORCEMENT BY EDWIN G. FOULKE, JR. LIKE THE INEVITABILITY of death and taxes, the Occupational Safety and Health Administration (OSHA) can always be counted on to ratchet up enforcement efforts against employers each year. 2016 appears to be no different. The year begins with the agency continuing to sharpen its emphasis on inspecting and citing employers who violate its recordkeeping standard. This takes on greater importance because the reporting requirement changes that went into effect in 2015 had a significant impact on the businesses that OSHA will be inspecting. These reporting requirements have become a key element in OSHA's enforcement program. OSHA REPORTING RULES Under the 2015 recordkeeping rule changes, all employers are required to contact OSHA within 24 hours following an occurrence of any in-patient hospitalizations, amputations or loss of an eye. This supplements the still-existing requirement to contact OSHA within eight hours following a fatality. It should be noted that OSHA requires that all employers report all work-related heart attacks that result in a fatality. Employers need to make sure that the heart attack was, in fact, workrelated prior to contacting OSHA. For reporting compliance, employers have three options when contacting OSHA: (1) call the nearest area office, (2) call OSHA's 24-hour hotline 1-800321-OSHA (6742), or (3) complete a report online. RECORDKEEPING AND POSTING REQUIREMENTS Also in 2015, OSHA added new categories of employers who are required to maintain and post OSHA injury and illness records going forward. All employers who are not partially exempt were required to complete and post their 2015 annual summary, known as the 300A, by Feb. 1, 2016, and keep it posted until April 30, 2016. Employers who missed the February 1 posting deadline should post the 300A summary as quickly as possible and date it on the day it is signed. Late-posting employers should not back-date the 300A summary since such action could be viewed as falsification of a document by OSHA. Employers must utilize the annual summary form to comply with the posting requirements. The form is available for download from OSHA at Even if you have no recordable injury or illness, the employer must still complete the 300 logs and post the 300A summary for each establishment. Although the OSHA recordkeeping standard has been in place for many years, there are provisions that are frequently misunderstood or overlooked which can and have led to OSHA citations. Such mistakes involving the 300A summary are discussed below. EXECUTIVE CERTIFICATION OSHA's recordkeeping standard requires a certification of the 300A summary by a company executive. Four specific management officials may be considered "company executives" for purposes of certifying the 300A summary: an owner of the company, an officer of the corporation, the highestranking company official working at the location, or the immediate supervisor of the highest-ranking company official working at the location. This official must certify that he or she has reviewed the OSHA 300 logs and related records, and reasonably believes, based on knowledge of the process underlying the development of the data, that the posted summary is accurate and complete. OSHA describes this requirement as imposing "senior management accountability" for the integrity and accuracy of the reported data. Human resources managers and safety directors normally cannot sign the OSHA 300A summary unless they are also officers of the company. NUMBER OF EMPLOYEES AND HOURS WORKED The annual 300A summary requires employers to include a calculation of the annual average number of employees covered by the log and the total hours worked by all covered employees. The purpose of this requirement is to help employers compare the relative frequency of significant occupational injuries and illnesses at their workplace as compared to other establishments. POSTING PROCESS The 300A summary must be posted in each establishment in a conspicuous place or places where notices to employees are customarily posted. Covered employers are under a duty to ensure that the posted annual summary is not altered, defaced or obscured during the entire posting period. Those employers who maintain these records in electronic form should still retain the signed posted summary after the February 1 to April 30 posting period to prove that it was properly signed. Employers should also provide copies of the 300A summary to any employee who may not see the posted summary if they do not report to a fixed location on a regular basis. Even where an establishment has had no recordable injuries or illnesses, you must still post the 300A summary with zeros in the appropriate lines and certified by a company executive. SPRING 2016 | CAR WASH MAGAZINE | WWW.CARWASH.ORG 77 http://WWW.CARWASH.ORG

Table of Contents for the Digital Edition of Car Wash - Spring 2016

Letter from the ICA
Meet the Board
By the Numbers
Overheard Online
Keeping it Clean
When in drought
Reducing your environmental footprint
Continental divide
Will sympathetic pricing draw customers?
Women in Car Wash
Make money, work with friends
Should the customer have a say in employee pay?
International Profile
Women in Car Wash
Hear and be heard
OSHA update
ICA Annual Report
Creating exceptional managers
When professional contacts get personal
Ten tips for transforming your teams
Becoming an employer of choice
Show me the money
ICA launches new series of events for car wash professionals
CAR WASH Magazine wins award
Take a Tour
Wash Ideas
Focus on a Member
Blast from the Past
Marketing Minute
Download It!
Ask Champ
Top Tweets
Safety Tip
Mea Culpa
Advertiser Index
5 Things

Car Wash - Spring 2016