R&R Insurance Blog

Starting in 2018, the DSPS requires information from the Summary of Work-Related Injuries and Illnesses to be entered into the DSPS’ Online Injury and Illness Reporting System.  A user name and password is required to enter information into the online system.  For questions regarding online access, send an email to DspsSbHealthandSafetyTech@wi.gov or contact your local DSPS OSH inspector.

Per Safety and Professional Services (SPS) Chapter 332.10 – public sector employers must record information about every work-related injury or illness that involves loss of consciousness, restricted work activity or job transfer, days away from work, or medical treatment beyond first aid.  Significant work-related injuries and illnesses that are diagnosed by a physician or licensed health care professional must be recorded.  Public sector employers must also be familiar with recording criteria listed in 29 CFR 1904.8 through 1904.12 and follow this recording criteria as well.  Injuries and illnesses must be recorded on DSPS Form SBD10710A Log of Work-Related Injuries and Illnesses or the equivalent OSHA 300 log.

If there is uncertainty whether a case is recordable, refer to the Department of Public Safety (DSPS) – Frequently Asked Questions document.  This resource answers the following questions:

• When in an injury or illness considered work-related?
• What are the additional criteria?
• What is medical treatment?
• What is first aid?
• How do you decide if the case involved restricted work?
• How do you count the number of days of restricted work activity or the number of days away from work?
• What if the outcome changes after you record the case?
• How do you classify injuries?
• How do you classify illnesses?

Per SPS 332.205, all Wisconsin public employers must complete and submit DSPS Form SBD10710 Summary of Work-Related Injuries and Illnesses, or the equivalent OSHA 300A form by March 1^st.  It is required to submit this form even if there are no work-related injuries or illnesses that occurred during the previous calendar year. This Summary must be posted from February 1^st through April 30^th in an area where the employer posts other important notices.

If the DSPS does not receive the SBD10710 Summary form by the March 1st deadline, orders may be issued. In addition to orders, a SPS 332 safety inspection may be conducted.

For more information about DSPS reporting, recordkeeping and posting requirements, click here to download a copy of R&R's Public Employer Recordkeeping Flowchart.

In April 2017, numerous industry trade groups and labor unions, filed legal challenges to the Respirable Crystalline Silica Standard’s (29CFR1910.1053 and 29CFR1926.1153) validity in several circuit courts across the country.  The petitions were consolidated into the U.S. Court of Appeals for the D.C. Circuit (Docket No. 16-1105).

On December 22, 2017, the DC Circuit Court issued its ruling. The following summarizes the Court’s ruling:

“In sum, we reject all of the petitioners’ challenges to the Silica Rule, with three exceptions. We hold that OSHA was arbitrary and capricious in declining to require Medical Removal Protection for some period when a medical professional recommends permanent removal, when a medical professional recommends temporary removal to alleviate Chronic Obstructive Pulmonary Diseases (COPD) symptoms, and when a medical professional recommends temporary removal pending a specialist’s determination. We remand to the agency to reconsider or further explain those aspects of the Rule.”

For additional information or to receive the full ruling, contact Safety@rrins.com.

We're often asked, "How do I know if there is silica exposure on my job site?"  While there is a variety of testing that can be done, you can start with 2 basic questions:

1. What tasks are being done?
2. What tools are onsite?

Common Tasks that Risk Exposure to Respirable Crystalline Silica

• Abrasive blasting
• Tuckpoint grinding
• Surface grinding
• Drilling and coring
• Jack hammering
• Chipping
• Cutting and polishing concrete/brick/granite/stone/tile
• Milling
• Excavating

Common Tools that Risk Exposure to Respirable Crystalline Silica

When the tools listed below are used on concrete, brick, block, stone, mortar, and other materials that contain crystalline silica there is an increased exposure.

• Stationary masonry saws
• Handheld power saws
• Walk-behind saws
• Drivable saws
• Rig-mounted core saws or drills
• Handheld and stand-mounted drills (including impact and rotary hammer drills)
• Dowel drilling rigs
• Vehicle-mounted drilling rigs
• Jackhammers and handheld powered chipping tools
• Handheld grinders
• Walk-behind milling machines and floor grinders
• Drivable milling machines
• Crushing machines
• Heavy equipment and utility vehicles when used to abrade or fracture silica-containing materials (such as hoe-ramming or rock ripping) or during demolition activities, and for tasks such as grading and excavating

When you've identified your risk, or are wondering your level of risk, the next step is to develop a strategic plan to keep your crew safe.  Keep in mind, it's not just about the task at-hand, it's also about what is going on around you.  Contact your KnowledgeBroker or safety@rrins.com to start the discussion.