Telephone Number (Bridge): 1-800-767-1750 - Access Code15076#
**(Note: Please make sure that you use the # sign).**
Subject: OSHA Log and Summary Sheet - Privacy Issues <<<< and >>>> OSHA lessons learned from the hurricanes
Audience: All Employees, Union Representatives, Employee Health, Occupational Health, Industrial Hygienists, and Safety Officials
Objective: To provide information concerning the OSHA log and summary sheet, specifically, privacy issues (e.g., when do names have to be released and to who, how are individuals contracting specific diseases protected, and can an employee prevent their name form being placed on the 301 or 300), who signs the summary sheet at a federal facility and if there are more than one agency in a building how is posting handled and where is the summary posted, etc.
Additionally: OSHA's lessons learned from hurricanes Katrina and Rita.
Director, Office of Occupational Safety and Health (00S1)
Frank Denny, Program Manager, Occupational Safety and Health (00S1) Moderator
OSHA Representative -- Ms. Michelle Walker, Office of Federal Agency Programs -- and --- Mr. David Schmidt, Office of Statistical Analysis
OSHA Representatives -- Ms. Michelle Walker, Office of Federal Agency Programs
Safety during the hurricane recovery
1:45 - 2:20
Questions and Answers --
If you did not have time to ask your question(s) during this conference call, you may e-mail it to email@example.com or you can contact him at (202) 273-9743
NOTE: The Office of Occupational Safety and Health has contacted officials of agencies and/or organizations for this conference call that can represent their agency/organization's and/or are expects in their field. However, verbal statements and/or paraphrased questions and answers (found at the bottom of this agenda), are informational and have not been cleared as policy in-of-themselves. Links have been provided to this call that allow agency/organizational polices to be viewed. Questions and answers are viewed on the intranet only.
OPENQuestion - i.e., OSHA Being Asked for Clarification(Question To OSHA Delayed for VHA Clarification): At what point does worksite proximity impact combining injuries and illnesses records on the OSHA recordkeeping log and maintaining other OSHA recordkeeping forms? That is, how far can a worksite be from a facility management office, e.g., a satellite clinic from a VAMC, before a separate log has to be maintained with separately entries and other recordkeeping maintained?
Questions and Answers:
Question: If an employee is injured while temporally assigned to another Federal agency where is the injury logged.
Answer: OSHA - When an employee is temporally assigned to another Federal agency, e.g., VA employee assigned to FEMA, any injury that occurs while on temporary assignment would be recorded on the VA employee's home facility log. This is different from when an employee's duty station is temporally re-assigned, e.g., travel status - where a VA employee from one VA facility is assigned to report to another VA facility. In the latter case, under 29 CFR 1904.30 b 4, any injury that occurred at the facility they are working at would be recorded at the facility they are working at and not at the employee's home facility.
Question: What records are union representative intitled too without written permission of the employee?
Question: Can an employee ask to not have their name on the OSHA forms?
Answer: Only if the incident involves an illness covered by the OSHA recordkeeping standards, 29 CFR 1904.
Question: Are prescription medications covered under recordkeeping?
Answer: Yes, Employees prescribed medication for a work related injury must be recorded and their names are only not recorded if the medication invloves one of the illness covered by the OSHA recordkeeping standards, 29 CFR 1904.
Question: What information do employees have access too?
Answer: The employee has access to the information on the right side of the 301 form, “what pertains to them.” The employee does not have the right to information from other employees.
Question: Who has Access to records?
Answer: The bargaining agent, employee, union official, has the right to records.
Question: If the injury/illness is covered under OSHA privacy what is required?
Answer: OSHA 300 example was a privacy case, with the name of the individual in a separate file. The only exception was an injury case.
Question: Who must sign the OSHA form 300A?
Answer: 300A line manager can sign the form. Examples are senior management, agency head, etc. See 29 CFR 1960.67
Question: My understanding is that OSHA authority to collect personal identifiers, e.g., names on the OSHA 300, for private industry employees. However, since federal employees come under a separate set of federal privacy laws, i.e., privacy laws for designed for federal employees, is their a conflict?
Answer: OSHA (Ms. Jackie Gilmore) There is no conflict regarding privacy laws as related to the OSHA Requirements for Reporting and Recording Injuries and Illnesses. The only time that a name may be omitted from an OSHA form is if it meets the requirements of a privacy concern case as stated in the regulation at 1904.29(b)(6), 1904.29(b)(7) and 1904.29(b)(8) and as detailed in 1904.29(b)(9) and 1904.29(b)(10).
Employers can not mix workers’ compensation with OSHA recordability. Workers Compensation (FECA) determination does not impact OSHA recordability. Some cases may be both OSHA recordable and meet workers’ compensation (FECA) requirements; but a case may also be OSHA recordable but not be eligible for workers compensation, or it may be a legitimate workers compensation case but not meet any of the five step processes that determine OSHA recordability.
Even under the Federal compensation Act the two determinations for compensability and recordability are made totally independent of the other.
Question: Is implementation of the OSHA recordkeeping regulation impacted by the Privacy Act?
Answer: The fact that stations and OSHA officials can and will likely use the names of an injured employee they discover during interviews with supervisors to confirm they have been counted on the OSHA log is not enough to require a system of records. A rollup/retrievial system has not been established. OSHA doesn’t require that the 300 logs be retrieved or retrievable by individual identifier. So there isn’t necessarily a “record” in the individual injured employee’s name. The fact that the 300 log has specific information doesn’t make it a record that is retrieved by the name of the injured employee. But if the agency decides to create a system that is retrieved by individual name, they would need to publish a system of records (but that’s your agency’s call).
Regarding an OSHA system of records for the OSHA 300 log, part VII of the OSHA Recordkeeping Rule specifically states: OSHA anticipates that Federal agencies will develop agency-specific data systems for recording illness and injury information to meet the requirements of the revised Part 1960, Subpart I. While OSHA does not require that Federal employee illness and injury records be retrieved by individual identifiers, some Federal agencies developing illness and injury data systems may find it useful to do so. Each agency is responsible for assuring its own compliance with the Privacy Act, and for establishing Privacy Act systems of records when the agency determines such compliance is required. As noted above, the revised recordkeeping rules include mandatory access rights to certain illness and injury records, such as an employee's right to copy the OSHA 300 Log and an employee representative's right to view the non-identifying right-hand portion of the OSHA 301 Incident Report (29 CFR 1904.35). Where an agency determines that all or part of the records required under the revised OSHA recordkeeping rule are part of a Privacy Act records system, the agency is responsible for issuing appropriate Notices of Routine Use to ensure that all access rights prescribed in Part 1960, Subpart I, are preserved.
The OSHA forms posted in the WC/MIS are covered under the system of records.