Or. Admin. Code § 166-300-0045

Current through Register Vol. 63, No. 12, December 1, 2024

Section 166-300-0045 - Risk Management Records

(1)Emergency Response Plans and Procedures Records document the development, testing, implementation, and updating of agency plans and procedures for operations during and following emergency or disaster. Records may include but are not limited to disaster preparedness and business resumption plans, procedures to follow in response to specific situations, and correspondence. (Retention: Retain until superseded or obsolete, destroy).

(2)Hazard Exposure Records Records document an individual employee's exposure to hazardous conditions such as chemicals, toxic substances, blood-borne pathogens, biological agents, bacteria, virus, fungus, radiation, noise, dust, heat, cold, vibration, repetitive motion, or other dangerous work related conditions. These records are not personnel records and should be maintained in an Employee Medical File. Records may include but are not limited to hearing test records, radiation measurement records, blood test or other laboratory results, incident reports, first-aid records, X-rays, work station air sampling reports, and correspondence. SEE ALSO Employee Medical Records in the Personnel Records section. (Retention:

(a) Retain noise exposure measurement records: 2 years (29 CFR 1910.95), destroy;

(b) Retain audiometric test records: until employee separation (29 CFR 1910.95), destroy;

(c) Retain all other hazard exposure records: 30 years after employee separation (29 CFR 1910.1020), destroy).

(3)Incident Reports Records document employee or non-employee accident and injury incidents that occur in the workplace. Incidents may or may not result in a claim. Records may include but are not limited to incident reports, occupational injury report and investigation records, employee identification and physical assessment forms, and related documentation and correspondence. SEE ALSO Hazard Exposure Records in this section. (Retention:

(a) If incident results in a claim: transfer to appropriate claim file;

(b) If no claim results: retain 10 years, destroy;

(c) If incident involves employee hazard exposure: retain 30 years after employee separation (29 CFR 1910.1020), destroy).

(4)Insurance Fund Claim Records Records document requests for payment of insurance claims from Department of Administrative Services, Risk Management Division. Records may include but are not limited to Auto/Liability (Tort)/Property Claim Reports, estimates of repairs, accident reports, police reports, and correspondence. The Department of Administrative Services, Risk Management Division maintains the statewide record copy. (Retention: Retain 4 years after claim paid or denied, destroy).

(5)Occupational Injury and Illness Records Records documents occupational injuries and illnesses which occur in the workplace and provides information required by the Oregon Occupational Safety and Health Administration (OR-OSHA). Records may include but are not limited to logs and summaries of recordable occupational injuries and illnesses, OSHA Form 200, supplementary records and OSHA Form 101, serious injury reports, injury cost reports, annual occupational injury and illness summaries and other surveys, and correspondence. (Retention: Retain 5 years following the year to which they relate, destroy).

(6)Risk Factor Evaluation Records Records document the assessment of various risk factors for an agency to determine appropriate insurance needs. They may also be used to identify hazards and risks for use in emergency preparedness and response planning. Records may include but are not limited to worksheets, annual Department of Administrative Services, Risk Management Division reports and supplemental information, insurance coverage and premium data, restoration fund inventory reports, policy manuals, property transfer reports, self insurance manuals, real property reports, money and negotiable securities reports, general risk surveys, and correspondence. (Retention: Retain 4 years, destroy).

(7)Safety Compliance and Inspection Records Records document the agency's compliance with state and local safety regulations which is usually determined as a result of a complaint or through periodic safety inspections by OR-OSHA, State Fire Marshal, and other state or local agency inspectors. Records may include but are not limited to inspection reports on buildings (including inspections of fire alarm and security systems, elevators, and boilers), complaints, citations, notices of penalties, correction orders, follow-up actions, extension notices, variance records, and related documentation and correspondence. (Retention: Retain 10 years, destroy).

(8)Safety Program Records Records document the agency's program to promote a safe work environment for its employees. Records may include but are not limited to safety policies, plans and procedures, workplace safety committee records, reports on inspections conducted by the safety officer, evacuation rosters and reports, and related documentation and correspondence. (Retention:

(a) Retain safety policies, plans, and procedures: 5 years after superseded, destroy;

(b) Retain inspection reports and workplace safety committee minutes, agendas, reports, evaluations, and recommendations: 10 years, destroy;

(c) Retain all other safety program records: 5 years, destroy).

(9)State Accident Insurance Fund (SAIF) Claim Records Records document job-related injury and illness compensation claims made by agency employees to the State Accident Insurance Fund and the resulting claim disposition. Records may include but are not limited to injury reports (WCD Form 801), notices of claim acceptance or denial, determination orders, medical reports, notices of closure, employer's payroll reports, Workers Compensation Board hearing transcripts, Board Orders, claim disposition agreement documents, agency investigation reports, appeal letters, vocational rehabilitation records, legal documents, and correspondence. (Retention: Retain 6 years after final disposition of claim, destroy).

(10)Vehicle Accident Records Records document accidents involving state-owned vehicles. Records may include but are not limited to state claim form, photographs, accident reports, repair estimates, and memoranda. The Department of Administrative Services, Risk Management Division maintains the statewide record copy of the Claim Form. (Retention: Retain 4 years, destroy).

Or. Admin. Code § 166-300-0045

OSA 3-1995, f. & cert. ef. 5-25-95; OSA 3-1996, f. 9-4-96, cert. ef. 9-15-96; OSA 9-1998, f. & cert. ef. 12-30-98; OSA 1-1999, f. & cert. ef. 2-4-99, Renumbered from 166-310-0010; OSA 5-2002, f. & cert. ef. 10-14-02

Stat. Auth.: ORS 192 & ORS 357

Stats. Implemented: ORS 192.005 - ORS 192.170 & ORS 357.805 - ORS 357.895