Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.24 - MOSH Consultation Education and Training Program
09.12.24.08 - Rate Calculations

Universal Citation: MD Code Reg 09.12.24.08

09.12.24.08. Rate Calculations

A. Annual Rate Formula.

(1) Annual rates are calculated by the formula (N/EH) x 200,000 where:

(a) N = Sum of the number of recordable injuries and illnesses in the year;

(b) EH = Total number of hours worked by all employees in the year; and

(c) 200,000 = Equivalent of 100 full time employees working 40 hours per week, 50 weeks per year.

(2) For the TRC Rate, in the formula N = H + I + J, use the total number of cases listed on the OSHA 300 Log in columns:

(a) Column H (Days away from work);

(b) Column I (Job transfer or restriction); and

(c) Column J (Other recordable cases).

(3) For the DART Rate, in the formula N = H + I, use the total number of cases resulting in days away from work, restricted work activity, or job transfer, or all of these, listed on the OSHA 300 Log in columns:

(a) Column H (Days away from work); and

(b) Column I (Job transfer or restriction).

B. Alternate Calculation Methods.

(1) Three-Year Rate Formulas.

(a) Three-Year TRC Rate Formula. (Year 1 OSHA 300 Log columns H + I + J) + (Year 2 OSHA 300 Log columns H + I + J) + (Year 3 OSHA 300 Log columns H + I + J) / (Year 1 hours + Year 2 hours + Year 3 hours) x 200,000.

(b) Three-Year DART Rate Formula. (Year 1 OSHA 300 Log columns H + I) + (Year 2 OSHA 300 Log columns H + I) + (Year 3 OSHA 300 Log columns H + I) / (Year 1 hours + Year 2 hours + Year 3 hours) x 200,000.

(2) Best 3 Out of 4 Years Rate Calculation Method. To determine whether an employer qualifies for the best 3 out of 4 years calculation method, do the following:

(a) Using the hours worked at the site in the most recent calendar year, including overtime hours, calculate a hypothetical TRC Rate for the employer assuming that the employer had two cases during the year;

(b) Compare that hypothetical rate to the 3 most recently published years of BLS combined injury/illness rates for the industry; and

(c) If the hypothetical rate, based on two cases, is equal to or higher than the national average for the employer's industry for any of the most current BLS published rates, the employer qualifies for the best 3 out of 4 years calculation method. The DART and TRC Rates may be calculated using the best 3 out of the most current 4 full calendar years of OSHA Form 300 data.

C. Rounding Instructions. You must round the rates to the nearest tenth following traditional mathematical rounding rules such as round 5.88 up to 5.9, round 5.82 down to 5.8, and round 5.85 up to 5.9.

D. Comparison to National Averages.

(1) Compare the 3-year TRC and DART Rate to the most recently published BLS national average for the NAICS Code for the industry in which the applicant is classified;

(2) In the multi-year calculations, both the DART and TRC Rates have to be below the BLS rates for the same year;

(3) If BLS rates are not available for both the DART and TRC Rates, use the next smallest NAICS Code such as a six-digit NAICS to a five-digit NAICS; and

(4) If BLS rates are available for either the DART or TRC Rate, use the BLS rate that is available.

(Regulations .08 adopted as an emergency provision effective March 29, 2002 (29:8 Md. R. 695); adopted permanently effective June 24, 2002 (29:12 Md. R. 926)
Regulation .08 repealed and new Regulation .08 adopted effective August 11, 2008 (35:16 Md. R. 1391))
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