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FDRsafety Newsletter
March / April 2011

See below for the article on recordkeeping, but first an exciting announcement ... 

Rose McMurray, former Chief Safety Officer of Federal Motor Carrier Safety Administration, joins FDRsafety
 
Rose McMurrayBy Fred Rine
CEO, FDRsafety

We are pleased to announce that one of the most distinguished people in the world of transportation safety, Rose McMurray, is joining FDRsafety as Chief Transportation Advisor, as part of the company's creation of a transportation safety division.

Until her retirement on Jan. 1, Rose was Assistant Administrator and Chief Safety Officer of the Federal Motor Carrier Safety Administration at the U.S. Department of Transportation. In that role, she oversaw the agency's safety programs, regulations and policies.

Rose was also responsible for overseeing the implementation of CSA2010, a program to re-engineer the enforcement and compliance process for motor carriers. CSA 2010 includes a new Safety Measurement System that quantifies the on-road performance of motor carriers so that the Motor Carrier Safety Administration can identify unsafe carriers, prioritize them for intervention and monitor their compliance.

This new system is a huge change for motor carriers and will affect their exposure to enforcement and the way they do business as well as safety on the highways.

Rose will advise FDRsafety clients on understanding CSA 2010 and will work with them on improving their scores.

Her association with FDRsafety is particularly exciting to me because of my work at FedEx, where I started the safety program -- including fleet safety -- and oversaw it as Managing Director for many years.

Rose and I together will be overseeing a new transportation safety division at FDRsafety.


Some companies may not realize they don't have to keep records for OSHA

By Jim Stanley
President, FDRsafety

With all the controversy about OSHA's enforcement crackdown, it's easy to forget that some businesses are exempt from the requirement to keep OSHA injury and illness records.

These companies were originally exempted because they were believed to be low-hazard industries, although when you review the list below you'll see that there is some fairly wide variation in working environments.

These employers are not required to keep the injury and illness records unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS.

And just as a reminder, all employers, including those partially exempted by reason of company size or industry classification, must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees.

The following is a list of industries that are not required to keep OSHA injury and illness records.

SIC Code

Industry classification

525

Hardware stores

542

Meat and fish markets

544

Candy, nut and confectionary stores

545

Dairy products stores

546

Retail bakeries

549

Misc. food stores

551

New and used car dealers

552

Used car dealers

554

Gasoline service stations

557

Motorcycle dealers

56

Apparel and accessory stores

573

Radio , television and computer stores

58

Eating and drinking places

591

Drugstores and proprietary stores

592

Liquor stores

594

Misc. shopping goods stores

599

Retail stores, not elsewhere classified

60

Depository institutions (banks and savings institutions)

61

Non-depository institutions

62

Security and commodity brokers

63

Insurance carriers

64

Insurance agents, brokers and services

725

Shoe repair and shoeshine parlors

726

Funeral service and crematories

729

Misc. personal services

731

Advertising services

732

Credit reporting and collection services

733

Mailing, reproduction and stenographic services

737

Computer and data processing services

738

Misc. business services

764

Reupholstery and furniture repair

78

Motion picture studios

791

Dance studios, schools and halls

792

Producers, orchestras, entertainers

793

Bowling centers

801

Offices and clinics of medical doctors

802

Offices and clinics of dentists

803

Offices of osteopathic

804

Offices of other health practitioners

807

Medical and dental laboratories

809

Health and allied services not otherwise classified

81

Legal services

82

Educational services (schools, colleges, universities and libraries)

832

Individual family services

653

Real estate agents and managers

654

Title abstract offices

67

Holding and other investment offices

722

Photographic studios, portrait

723

Beauty shops

724

Barber shops

835

Child daycare services

839

Social services, not elsewhere classified

841

Museums and art galleries

86

Membership organizations

87

Engineering, accounting, research, management and related services

899

Services not elsewhere classified


Another reminder: All covered employers must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.

Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment unless an exception specifically applies. Here are the exceptions:
  1. At the time of the injury or illness, the employee was present in the work environment as a member of the general public rather than as an employee.
  2. The injury or illness involves signs or symptoms that surface at work but result solely from a non-work-related event or exposure that occurs outside the work environment.
  3. The injury or illness results solely from voluntary participation in a wellness program or in a medical fitness or recreational activity such as blood donation, physical examination, flu shot, exercise class, racquetball or baseball.
  4. The injury or illness is solely the result of an employee eating, drinking or preparing food or drink for personal consumption (whether bought on the employer's premises or brought in).
  5. The injury or illness is solely the result of the employee  doing personal tasks (unrelated to their employment) at the establishment outside of the employee's assigned working hours.
  6. The injury or illness is solely the result of personal grooming, self-medication for a non-work-related condition, or is intentionally self-inflicted.
  7. The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or company access road while the employee is commuting to or from work.
  8. The illness is the common cold or flu. (Contagious diseases, such as tuberculosis, brucellosis, hepatitis A or plague are considered work-related if the employee is infected at work.)
  9. If the illness is a mental illness. Mental illness is not considered work-related unless the employee voluntarily provides the employer with an opinion from a physician or other licensed healthcare professional with appropriate training and experience stating that the employee has a mental illness that is work-related.

Jim Stanley is a former Deputy Assistant Secretary of Labor for OSHA. Contact him at jstanley@fdrsafety.com or (513) 317-5644.

Recently retired OSHA Director to speak on agency's inside workings

Steve Witt, one of the top officials at OSHA headquarters for many years and now a Senior Advisor with FDRsafety, has developed a presentation about the inside workings of OSHA based on his 35 years with the agency.

 

Steve retired from the agency recently after having served at various times as Director of Standards and Guidance, Director of Construction and Director of State and Cooperative Programs. Steve, an attorney, also served for a time as acting Deputy Assistant Secretary of Labor for OSHA.

 

His presentation would work well as a keynote at trade association meetings and employer and/or union safety conferences. For more information about Steve's presentation, please contact us at info@fdrsafety.com or 1-888-755-8010.

 

Best of the blog

Exploding some myths about fall protection equipment  


Safety awareness: The bigger picture 

 

Injury, illness rates were heading down even without OSHA enforcement push 


I2P2 may be next big battle in struggle over OSHA enforcement push 

 

To keep up with the latest news about increased OSHA enforcement, subscribe to our blog and have it sent automatically to your Reader or email box.  

In This Issue
Rose McMurray joins FDRsafety
Some companies may not realize they don't have to keep records for OSHA
Recently retired OSHA Director to speak on agency's inside workings
Best of the blog
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FDRsafety
278 Franklin Road
Brentwood, Tennessee 37027
888-755-8010
info@FDRsafety.com 


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ABOUT FDRsafety


At the heart of FDRsafety is this simple idea: Extensive expertise and experience bring the best results.

FDRsafety is led by two nationally recognized, long-time leaders in safety: Fred Rine and Jim Stanley.

Each has decades of experience improving occupational safety and health performance at companies of all sizes, including complex multi-billion dollar, multinational organizations.

FDRsafety can meet your needs for a wide range of safety and health services, including training, OSHA compliance, safety staffing and expert witnesses.

Contact us to learn how we can help you reduce accidents, meet federal, state and local legal requirements, reduce costs, and most importantly, protect your greatest assets - your employees.