New OSHA recordkeeping rules creating confusion

New OSHA recordkeeping rules that went into effect this year are creating confusion among employers about the definition of an amputation and how to quickly determine if an incident that occurred after work hours is actually work-related, according to an article in Business Insurance magazine.

The new rules, which went into effect Jan. 1, require that the hospitalization of a single employee – rather than three employees as previously required — be reported to OSHA within 24 hours of management learning that it occurred. In addition, all amputations and eye losses must now be reported.

Part of the confusion stems from a revised definition of amputation that includes loss of a fingertip with or without bone loss, according to Tressi Cordaro, a Washington-based shareholder at Jackson Lewis P.C. Fingertip loss is not uncommon, particularly in restaurants and supermarkets, according to the article.

In addition, there is sometimes uncertainty in determining whether an injury or fatality is workplace-related when, for example, an employee has a heart attack on the job or shortly after leaving work, according to Edwin Foulke, an Atlanta-based partner at Fisher & Phillips L.L.P. and a former OSHA assistant secretary of labor. Such a determination can take time, but employers are required to report any injury or fatality within 24 hours of learning about it.