The DLLR website will be unavailable from about 8:00 AM ET until about 12:00 PM ET on Saturday, October 4, 2014. We apologize for the inconvenience. Thank you for your patience.

DLLR's Division of Labor and Industry

 

MOSH Instruction 02-4 - MOSH Recordkeeping Policy and Procedures Manual Chapter 4. Comparison of Old and New Rule - Maryland Occupational Safety and Health (MOSH)

 

1. Introduction. Some of the specific changes in the new rule include (a) changes in coverage; (b) the OSHA Forms; (c) the Recording Criteria in determination of work-relationship, elimination of different recording criteria for injuries and illnesses, days away and job restriction/ transfer, definition of medical treatment and first aid, recording of needlestick and sharps injuries, and recording of tuberculosis; (d) change in ownership; (e) employee involvement; (f) privacy protections; and (g) computerized and centralized records.

This listing is not comprehensive of an employer's obligations under OSHA's recordkeeping rule. Please reference 29 CFR Part 1904 and other parts of this Instruction for all details pertaining to all recordkeeping obligations.

 
Old Rule New Rule
Forms'1904.29

OSHA 200 - Log and Summary

OSHA 101 - Supplemental Record

OSHA 300 - Log

OSHA 300A - Summary

OSHA 301 - Incident Report

Work-Related'1904.5
Any aggravation of a pre-existing condition by a workplace event or exposure makes the case work-related Significant aggravation of a pre-existing condition by a workplace event or exposure makes the case work-related

Exceptions to presumption of work relationship:

1) Member of the general public

2) Symptoms arising on premises totally due to outside factors

3) Parking lot/Recreational facility

Exceptions to presumption of work relationship:

1) Member of the general public

2) Symptoms arising on premises totally due to outside factors

3) Voluntary participation in wellness program

4) Eating, drinking and preparing one=s own food

5) Personal tasks outside working hours

6) Personal grooming, self-medication, self infliction

7) Motor vehicle accident in parking lot/access road during commute

8) Cold or flu

9) Mental illness unless employee voluntarily presents a medical opinion stating that the employee has a metal illness that is work-related.

New Case '1904.6
New event or exposure, new case Aggravation of a case where signs or symptoms have not resolved is a continuation of the original case
30 day rule for CTDs No such criteria
General Recording Criteria '1904.7
All work-related illnesses are recordable Work-related illnesses are recordable if they meet the general recording criteria

Restricted work activity occurs if the employee:

1) Cannot work a full shift

2) Cannot perform all of his or her normal job duties, defined as any duty he or she would be expected to do throughout the calendar year.

Restricted work activity occurs if the employee:

1) Cannot work a full shift

2) Cannot perform all of his or her routine job  functions, defined as any duty he or she regularly performs at least once a week

Restricted work activity limited to the day of injury makes case recordable Restricted work activity limited to the day of injury does not make case recordable

Day counts:

Count workdays 

No cap on count

Day Counts:

Count Calendar days

180 day cap on count

Medical treatment does not include:

1) Visits to MD for observation only

2) Diagnostic procedures

3) First aid

Medical treatment does not include:

1) Visits to MD for observation and counseling only

2) Diagnostic procedures (including administration of prescription medication for diagnostic purposes)

3) First aid

First Aid list in Bluebook was a list of examples and not comprehensive First Aid list in regulation is comprehensive.  Any other procedure is medical treatment.

2 doses prescription med - Medical Treatment (MT)

Any dosage of OTC med - First Aid (FA)

2 or more hot/cold treatments - MT

Drilling a nail - MT

Butterfly bandage/Steri-Strip - MT

1 dose prescription med - MT

OTC med at prescription strength - MT

Any number of  hot/cold treatments - FA

Drilling a nail - FA

Butterfly bandage/Steri-Strip - FA

Non-minor injuries recordable:


1) fractures

2) 2nd and 3rd degree burns

Significant diagnosed injury or illness recordable:

1) fracture

2) punctured ear drum

3) cancer

4) chronic irreversible disease

Specific disorders
Hearing loss - Federal enforcement for 25dB shift in hearing from original baseline Hearing loss - From 1/1/02 until 12/31/02 record shift in hearing averaging 25dB or more from the employee=s original baseline
Needlesticks and >sharps injuries= - Record only if case results in med treatment, days away, days restricted or sero-conversion Needlesticks and >sharps injuries= - Record all needlesticks and injuries that result from sharps potentially contaminated with another persons blood or other potentially infectious material 
Medical removal under provisions of other OSHA standards - all medical removal cases recordable Medical removal under provisions of other OSHA standards - all medical removal cases recordable
TB - Positive skin test recordable when known workplace exposure to active TB disease.  Presumption of work relationship in 5 industries TB - Positive skin test recordable when known workplace exposure to active TB disease.  No presumption of work relationship in any industry
Other issues
Must enter the employees name on all cases Must enter >Privacy Cases= rather than the employee=s name, and keep a separate list of the case number and corresponding names
Access - employee access to entire log, including names; No access to supplementary form (OSHA 101) Access - employee and authorized representative access to entire log, including names; Employee access to individual=s Incident Report (OSHA 301); Authorized Representative access to portion of all OSHA 301s
Fatality reporting - Report all work-related fatalities to OSHA Fatality reporting - do not need to report fatalities resulting from motor vehicle accident on public street or highway that do not occur in construction zone
Certification - the employer, or the employee who supervised the preparation of the Log and Summary, can certify the annual summary Certification - company executive must certify annual summary
Posting - post annual summary during month of February Posting - Post annual summary from Feb 1 to April 30
No such requirement You must inform each employee how he or she is to report an injury or illness
 
Return to top of page