Question: If an injured worker is formally admitted to the Emergency Room of a hospital, is this a reportable event?

Answer:

No, the injured worker must be formally admitted to the in-patient service of the hospital to be a reportable event.

Question: How do you differentiate between an amputation without bone and avulsions?

Answer:

If and when there is a health care professional's diagnosis available, the employer should rely on that diagnosis. If the diagnosis is avulsion, the event does not need to be reported. If the diagnosis is amputation, the event must be reported. If there is no available diagnosis by a health care professional, the employer should rely on the definition and examples of amputation included in the regulatory text of section 1904.39. Examples of avulsion that do not need to be reported include deglovings, scalpings, fingernail and toenail avulsions, eyelid avulsions, tooth avulsions, and severed ears. Remember, employers are required to report amputations to OSHA when they learn that the reportable event occurred. The employer must report the event when he or she has information that the injury is a work-related amputation.

Question: Does loss of an eye include loss of sight?

Answer:

No. Loss of sight without the physical removal of the eye is not reportable under the requirements of section 1904.39. However, a case involving loss of sight that results in the in-patient hospitalization of the worker within 24 hours of the work-related incident is reportable.

Question: What is meant by the "loss of an eye"?

Answer:

Loss of an eye is the physical removal of the eye. This includes enucleation and evisceration.

Question: How do I determine the correct NAICS code for my company or individual establishments in my company?

Answer:

1. You can use the search feature at the U.S. Census Bureau NAICS main webpage. In the search box for the most recent NAICS, enter a keyword that describes your kind of business. A list of primary business activities containing that keyword and the corresponding NAICS codes will appear. Choose the one that most closely corresponds to your primary business activity, or refine your search to obtain other choices.
2. Rather than searching through a list of primary business activities, you may also view the most recent complete NAICS structure with codes and titles by clicking on the link for the most recent NAICS on the U.S. Census Bureau NAICS main webpage. Then click on the two-digit Sector code to see all the NAICS codes under that Sector. Then choose the six-digit code of your interest to see the corresponding definition, as well as cross-references and index items, when available.
3. If you know your old SIC code, you can also find the appropriate 2002 NAICS code by using the detailed conversion (concordance) between the 1987 SIC and 2002 NAICS available in Excel format for download at the "Concordances" link at the U.S. Census Bureau NAICS main webpage.
4. You may also contact your nearest OSHA office or State agency for help in determining your NAICS code.

Question: Do States with OSHA-approved State plans have the same industry exemptions as Federal OSHA?

Answer:

States with OSHA-approved plans may require employers to keep records for the State, even though those employers are within an industry exempted by the Federal rule.

Question: How do the 2007 to 2012 NAICS coding changes for the Full and Limited Service Restaurant Industries affect the exemption status of establishments in these industries?

Answer:

The list of partially exempt industries is based on 2007 NAICS codes. Under that coding system, restaurants are classified as NAICS 7221, Full-Service Restaurants, or NAICS 7222, Limited-Service Eating Places. Both of these industries are included in Appendix A to Subpart B of the Part 1904 regulation. The fact that these industries are now classified in 2012 NAICS 7225, Restaurants and Other Eating Places, does not change their partially exempt status.

Question: Do I have to give my employees and their representatives access to the OSHA injury and illness records?

Answer:

Yes, your employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the OSHA injury and illness records, with some limitations.

Question: What is considered a "construction work zone" for purposes of section 1904.39(b)(3)?

Answer:

A "construction work zone" for purposes of §1904.39(b)(3) is an area of a street or highway where construction activities are taking place, and is typically marked by signs, channeling devices, barriers, pavement markings and/or work vehicles. The work zone extend from the first warning sign or rotating/strobe lights on a vehicle to the "END ROAD WORK" sign or the last temporary traffic control device.

Question: When a work-related heart attack occurs in the workplace and the employee dies one or more days later, how should the case be reported to OSHA?

Answer:

The employer must report a work-related fatality by telephone or in person to the OSHA Area Office nearest to the site of the incident or by calling OSHA's toll free number 1-800-321-6742. The employer may also use the Serious Event Reporting Online Form at https://www.osha.gov/pls/ser/serform.html. The employer must report the fatality within eight hours of the employee's death in cases where the death occurs within 30 days of the incident. The employer need not report a death occurring more than 30 days after a work-related incident.