HO-CHUNK NATION CODE (HCC)

HO-CHUNK NATION CODE (HCC)

TITLE 6 – PERSONNEL, EMPLOYMENT AND LABOR CODE

SECTION 8 – OCCUPATIONAL SAFETY AND HEALTH

PROGRAM ACT OF 2002

SUBSECTION 20 – RECORDKEEPING

ENACTED BY LEGISLATURE: MAY 20, 2002

LAST AMENDED AND RESTATED: December 6, 2022

CITE AS: 6 HCC § 8-20

1. Authority. See basic document (Occupational Safety and Health Program Act).

2. Purpose. This subsection of the Occupational Safety and Health Act contains the requirements to

record and report work-related injuries, illnesses, and fatalities. The records assist in efforts to discover,

evaluate, and address workplace hazards; assist the Division of Safety in carrying out enforcement and

consultation programs; aid in the development and evaluation of safety and health ordinances; are used to

develop information and conduct research regarding the causes and prevention of occupational injuries

and illnesses; and accurately describe the nature of occupational safety and health problems to the Nation

or its facilities.

3. Scope. Each facility of the Ho-Chunk Nation as applicable will develop and implement a written

accident reporting and investigation procedures and methods. This written plan is intended to demonstrate

the Ho-Chunk Nation’s compliance with the provision and requirements of 29 C.F.R. § 1904.04

Recording Criteria. Recording an injury or illness does not necessarily mean that the nation or employee

was at fault, that an OSHD ordinance was violated, or that the employee is eligible for worker’s

compensation or other insurance benefits.

4. Coverage and Exemptions. Coverage and exemptions are summarized and specified in the following

table:

Covered Employees

Division/Department

Agriculture

Transportation & Utilities

Whole Sale

Retail

Specific Classification

All Classifications

All Classifications

All Classifications

General Merchandise

Food Stores

Eating and Drinking Places

Fuel Dealers

Hotels, Rooming Houses, Camps and other Lodging Places

Services to Dwellings and Other Buildings

Automotive Repair, Services and Parking

Health Services

Job Training & Vocational Rehabilitation Services

Residential Care

Services

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5. Injury and Illness Log and Summary. Ho-Chunk Nation Facilities and enterprises shall maintain an

OSHA 300 Injury and Illness Log and 300A Summary Form and make reports as specified under this

subsection.

6. Administrative Duties. The Ho-Chunk Nation is responsible for developing and maintaining this

written accident reporting, investigation and recordkeeping plan. The Office of Division of Safety is

solely responsible for all facets of this ordinance and has full authority to make necessary decisions to

ensure the success of this ordinance. Records and other associated documents relating to work related

injuries or illnesses shall be kept at the individual facilities where the employee reports for work. Human

Resource departments at each facility have the appropriate training and experience to insure the

recordkeeping and reporting provisions of this ordinance are maintained.

7. Definitions.

a. “Amputation” means the traumatic loss of a limb or other external body part. Amputations include

a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or

partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable

damage; and amputations of body parts that have since been reattached.”

b. “Employee” means any person who performs labor services alone for the Ho-Chunk Nation for

hire at an established wage or salary.

c. “First Aid” means the following treatment for work related injuries and illnesses. This following

list is a comprehensive list of all treatments considered first aid for recordkeeping purposes.

(1) Visit(s) to a health care provider limited to observation.

(2) Diagnostic procedures, including the use of prescription medications solely for diagnostic

purposes (e.g., eye drops to dilate pupils).

(3) Use of nonprescription medications, including antiseptics.

(4) Simple administration of oxygen.

(5) Administration of tetanus or diphtheria shot(s) or booster(s).

(6) Cleaning, flushing or soaking wounds on skin surface.

(7) Use of wound coverings such as bandages, gauze pads, etc.

(8) Use of hot/cold therapy (e.g. compresses, soaking, whirlpools, nonprescription skin

cream/lotions for local relief, etc.), except for musculoskeletal disorders.

(9) Use of any totally non-rigid, non-immobilizing means of support (e.g., elastic bandages).

(10) Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister

(11) Use of eye patches.

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(12) Removal of foreign bodies not embedded in the eye if only irrigation is required.

(13) Removal of splinters or foreign material from areas other than the eyes by irrigation,

tweezers, cotton swabs or other simple means.

d. “Health Care Provider” means a person operating within the scope of his or her license, registration

or certification in health care.

e. “Injury or Illness” means any sign, symptom, or laboratory abnormality, which indicates an adverse

change in an employee’s anatomical, biochemical, physiological, functional, or psychological condition.

f. “Medical Treatment” means any medical care or treatment beyond “first aid”.

g. “Ordinance” means the Occupational Safety and Health Program Act of 2002. The definitions

contained in this subsection of the Act and related interpretations shall be applicable to such terms when

used in this subsection.

h. “Responsible Management Official” means the person at a facility or enterprise accountable for

certifying the accuracy and completeness of the entries on the OSHA 300 Injury and Illness Log and

300A Summary Form. This person is normally identified as the highest ranking official working at the

establishment.

i. “Restricted Work Activity” means the employee is not capable of performing at full capacity for a

full shift at the task he or she was engaged in at the time of the injury or onset of illness (the task includes

all facets of the assignment the employee was performing) or his or her daily work activity (daily work

activity includes all assignments the employee was expected to perform on the day of injury or onset of

illness).

j. “Work Environment” means the facility, enterprise and other locations where employees are

engaged in work or are present as a condition of their employment.

8. Injury/Medical Issues.

a. If a workplace accident results in an injury or illness requiring hospitalization of one or more

employees; a fatality; amputation; or loss of an eye, the facility manager or highest ranking management

official present shall immediately notify the OSHD at 715-284-5877. The OSHD will notify the nearest

OSHA Office within the required eight hours by phone or in person.

b. If an injured person is taken to a doctor, a statement from the doctor will be attached to the

Accident Report Form. See Appendix B (Ho-Chunk Nation Accident Investigation Form).

c. Employees with workplace injuries resulting in time off work will be put in the facility or

enterprise Return-to-Work Program to facilitate their full recovery and resumption of original work.

d. Weekly compensation for workplace injuries or illnesses requiring time of work, as indicated by

ordinance, applies after the third day of wage loss. (Sundays are not included in the three-day waiting

period unless the employee ordinarily works or was scheduled to work on Sunday).

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e. If the disability continues for more than seven (7) calendar days, worker’s compensation goes back

to day one.

f. On the day of the injury, the Nation will cover the time loss due to doctor and/or emergency room

visits, or inability to work, up to a maximum of two hours.

g. Anytime an employee is away from work because of an accident on-the-job, it should be recorded

as follows: Off Work – Work Related Injury or Illness.

9. OSHA 300 Injury and Illness Log and 300A Summary Form.

a. Each facility, enterprise or location shall maintain an OSHA 300 Injury and Illness Log and 300A

Summary Form or equivalent for recordable injuries and illnesses experienced by employees.

b. Every recordable injury and illness shall be entered within seven (7) calendar days of receiving

information that a recordable injury or illness has occurred. A recordable injury or illness is one, which

meets all the following four criteria:

(1) An injury or illness exists (see definition of injury or illness).

(2) The injury or illness is work-related (see definition of work-related).

(3) The injury or illness is new. A new injury or illness does not result from a recurrence of a preexisting condition if no new or additional workplace incident or exposure occurs. A recurrence of a

previous work related injury or illness is presumed to be a new case when it either (i) results from a new

work event or exposure, or (ii) 45 days have lapsed since medical treatment, restricted work or days away

from work were discontinued and last signs or symptoms were experienced.

(4) The injury or illness meets one or more of the following:

(a) Results in death or loss of consciousness

(b) Results in day(s) away from work, restricted work activity or job transfer.

(c) Requires medical treatment beyond first aid.

(d) Is a recordable condition listed in Subpart C to 29 C.F.R. § 1904.

c. See 29 CFR § 1904.4(b)(2) for a decision tree for recording occupational injuries and illnesses.

10. Accident Reporting Procedures.

a. Report Immediately.

(1) An employee must report any injury, no matter how slight, to his or her supervisor no later

than the end of the employee’s workday on the day of the accident causing the injury as outlined in the

HCN Employment Relations Act of 2004, Chapter VIII, labeled “Worker’s Compensation Plan”, Section

60, labeled “Reporting Obligations”.

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An injury may be reported by another on behalf of the employee. An employee’s failure to report a job

related injury no later than the end of his/her workday shall result in the employee being ineligible for

worker’s compensation and/or medical benefits.

(2) The supervisor is responsible for completing an Injury Report Form and submitting it within

24 hours to the Human Resource Department, the Department of Personnel or its agent, as applicable. A

supervisor's failure to file an injury report that initially prevents the employee from becoming eligible for

worker's compensation and/or medical benefits shall result in disciplinary action against the supervisor.

b. The supervisor must immediately notify Human Resources when the incident/accident occurs. If

the incident/accident requires hospitalization, a death or major property damage the Occupational Safety

and Health Division should be notified immediately.

c. Any employee witnessing an accident at work is to call for emergency help or whatever assistance

appears to be necessary. In addition, the employee is immediately to report the accident to his or her

supervisor and take part in answering questions related to the Accident Report and Accident

Investigation.

11. Accident Investigation Procedures. Thorough investigation of all accidents will lead to

identification of accident causes and help:

a. Reduce economic losses from injuries and lost time.

b. Determine why accidents occur, where they happen, and any trends that might be developing.

(1) Employees develop an awareness of workplace problems and hazards.

(2) Identify areas for process improvement to increase safety and productivity.

(3) Note areas where training information or methods need to be improved.

(4) Suggest a focus for safety program development.

c. For accident investigations, the employee’s supervisor will perform the following:

(1) Conduct accident investigation at the scene of the injury as soon after the injury as safely

possible.

(2) Ask the employee involved in the accident and any witnesses, in separate interviews, to tell in

their own words exactly what happened.

(3) Repeat the employee’s version of the event back to the employee and allow the employee to

make any additions or corrections.

(4) After the employee has given the description of the event, ask appropriate questions that focus

on causes.

(5) When finished, remind the employee the investigation was to determine the cause and

possible corrective action that can eliminate the cause(s) of the accident.

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(6) Complete an Accident Investigation Report with the employee and review data with employee

for accuracy. This will provide information to put into database format.

d. The Accident Investigation Report is used to:

(1) Track and report injuries on a monthly basis.

(2) Group injuries by type, cause, body part affected, time of day, and process involved.

(3) Determine if any trends in injury occurrence exist and graph those trends if possible.

(4) Identify any equipment, material, or environmental factors that seem to be commonly

involved in injury trends.

(5) Proceed with improvements to reduce the likelihood of future injuries.

12. Location of Records. Records required by this subsection and OSHA §§ 1904.4, 1904.5, and 1904.6

for employees who report to work at a single facility or location shall be kept at that facility or location.

Human Resources or Safety Offices are responsible for maintaining the following records and

documentation:

a. OSHA 300 Log of Injuries and Illness.

b. Accident Investigation Reports.

c. Training records.

13. Retention and Updating of Work-related Injury and Illness Records.

a. Retention. OSHA Forms 300 and 301 or equivalents, and year-end summaries shall be retained for

5 years following the end of the year to which they relate.

b. Updating. During the retention period, OSHA 300 and 301 Forms may have to be revised or

updated if newly recordable injuries or illnesses are discovered.

14. Period Cover. Records shall be kept on a calendar year basis.

15. Mandatory Appendices. This Subsection uses selected criteria and information as set forth by the

United States Department of Labor, Occupational Safety and Health Administration in C.F.R. § 1904

Recording and Reporting Occupational Injuries and Illnesses.

a. 1904.4 Recording criteria.

b. 1904.5 Determination of work-relatedness.

c. 1904.6 Determination of new cases.

d. 1904.7 General Recording criteria.

e. 1904.8 Recording criteria for needlestick and sharps injuries.

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f. 1904.29 Forms.

16. Program Evaluation. This Recordkeeping Program (accident reporting and investigation) is to be

evaluated and updated on an annual basis to determine whether the ordinance is being followed and if

further training may be necessary.

17. Administration and Enforcement. See Section 12 of the Occupational Safety and Health Program

Act.

Appendices:

A. First Aid Report

B. Ho-Chunk Nation Supervisor’s Report of Accident

C. Monthly Summary of Injuries and Illnesses

_________________________________________________________________________________

Legislative History:

12/5/01 Reviewed by Administration Committee.

1/9/02 Legislature posts for 45-day Public Review.

5/20/02 Enacted as Recordkeeping (6 HCC § 8-20) by Legislative Resolution 5/20/02E.

9/4/02 Amended and Restated by Legislative Resolution 9/4/902D amending paragraph 10a.

9/29/22 Legislature posts for 45-Day Review.

12/6/22 Amended and restated as Recordkeeping (6 HCC § 8-20) by Legislative Resolution 12-06-22E.

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APPENDIX A (FIRST AID REPORT)

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APPENDIX B (HO-CHUNK NATION SUPERVISOR’S REPORT OF ACCIDENT FORM)

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APPENDIX B (HO-CHUNK NATION SUPERVISOR’S REPORT OF ACCIDENT FORM)

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APPENDIX C (MONTHLY SUMMARY OF INJURIES AND ILLNESSES)

(Locally reproducible form)

MONTHLY SUMMARY OF INJURIES AND ILLNESSES

Facility: ______________________ Date: _____________

a

Period

b

Average

No. of

Employees

c

No. of

Employee

Hours

Worked

d

Worker’s

Comp

Costs

e

Recordable

Injuries

Jan.

Feb.

2 mo.

Mar.

3 mo.

Apr.

4 mo.

May

5 mo.

Jun.

6 mo.

Jul.

7 mo.

Aug.

8 mo.

Sep.

9 mo.

Oct.

10 mo.

Nov.

11 mo.

Dec.

Year

11

f

Lost

Workday

Cases

g

Cases

without

Lost

Days

h

Total

Cases

i

First

Aid

Cases