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OSHA 300 Recordkeeping and Reporting: Your Changing Requirements and How to

Comply in 2015

Tuesday, January 27, 2015 2:00–2:30 p.m. Eastern 1:00–1:30 p.m. Central

11:00–11:30 a.m. Pacific

Presented by:

Ana Ellington BLR

OSHA 300 Recordkeeping and Reporting: Your Changing Requirements

and How to Comply in 2015

Presented by:

Ana EllingtonBLR

January 27, 2015

Two key changes to the recordkeeping rule

1. Expands the list of severe work-related injuries that all covered employers must report to OSHA.

2. Updates list of industries exempt from keeping OSHA injury and illness records

– Previously based on Standard Industrial Classification (SIC) system

– Now based on North American Industry Classification System (NAICS)

Effective January 1, 2015

All employers must report to OSHA:• All work-related fatalities within 8 hours• All work-related inpatient hospitalizations,

all amputations, and all losses of an eye within 24 hours

How to report

• Call OSHA’s 1-800-321-OSHA (6742)• Call or appear at closest OSHA area office

during business hours• Use OSHA’s new online form

https://www.osha.gov/report_online

Inpatient hospitalizations

• Admission to the inpatient service of a hospital or clinic for care and treatment.

What is an amputation?• A limb or appendage, severed, cut off,

amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; amputations of body parts that have since been reattached

• Does NOT include avulsions (tissue torn away from the body), enucleations (removal of the eyeball), deglovings (skin torn away from the underlying tissue), scalpings (removal of the scalp), severed ears, or broken or chipped teeth

Who is covered under recordkeeping requirements?

• All employers under OSHA jurisdiction must report these incidents to OSHA

• Employers partially exempt from recordkeeping– 10 or fewer employees—unless survey

requested by BLS or OSHA– Certain low-hazard industries—this list has

been updated!

Newly included industriesNow must keep injury and illness records:

• Automobile dealers• Liquor stores• Bakeries• Performing arts companies• Museums• Historical sites• Emergency and other relief

services

New list of exempt industriesNo longer required to keep injury and illness records:

• Gasoline stations• Clothing stores• Newspaper publishers• Colleges/universities• Full-service restaurants

Recordkeeping process

4-step process

12

Did the employee experience an injury or illness?

Is the injury or illness work-related?

Is the injury or illness a new case?

Does the injury or illness meet the general criteriaor the application to specific cases?

RECORD THE INJURY OR ILLNESS

YES

YES

YES

YES

Has an injury or illness occurred?

• Yes Continue to step 2• No An injury or illness has not

occurred. Do not record on OSHA log

Is the injury work-related?

• Yes Continue to step 3• No A recordable injury has not

occurred. Do not record on OSHA log.

The case is not considered work-related if it falls into specific exceptions!

Exceptions1. Present as a member of the general public.2. Symptoms arise in workplace but are solely due to non-work related event

or exposure.3. Voluntary participation in a wellness program.4. Eating, drinking, or preparing food or drink for personal consumption.5. Personal tasks outside assigned working hours.6. Personal grooming, self-medication for non-work-related conditions, or

intentionally self-inflicted injuries.7. Motor vehicle accident occurring in a parking lot or access road during a

normal commute to or from work.8. Common cold or flu.9. Mental illness, unless employee voluntarily provides a medical opinion from

a physician or licensed health care professional (PLHCP) that affirms the mental illness is work-related.

Is the injury a new case?

• Yes Continue to step 4• No Do not record a new case. If

necessary, update the previously recorded injury or illness entry.

General recording criteria

General Recording Criteria 1904.7• An injury or illness is recordable if it results in one or more

of the following:• Death• Days away from work• Restricted work activity• Transfer to another job• Medical treatment beyond first aid• Loss of consciousness• Significant injury or illness diagnosed by a PLHCP

What’s first aid?29 CFR 1904.7(b)(5)• Nonprescription medication• Tetanus shots• Cleaning, flushing, or soaking

wounds• Nonrigid means of support:

bandages, wraps• Hot and cold therapy• Temporary immobilization

devices: splints; neck collars • Drilling of fingernail or toenail,

draining fluid from blister• Eye patches

29 CFR 1904.7(b)(5)• Removing foreign bodies from

eye using irrigation or cotton swab

• Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs, or other simple means

• Finger guards• Massages• Drinking fluids for relief of heat

stress

OSHA recordkeeping forms• Form 300: Log of Work-Related Injuries and Illnesses

For each case, record the name, job title, date of injury/illness, description, number of lost days, and injury or illness type.

• Form 300A: Summary of Work-Related Injuries and IllnessesSummarizes the number of cases, lost workdays, average employment, and hours worked for the year. This information is used to calculate your incidence rates. At the end of the calendar year, this form must be completed and posted at the worksite from February 1st through April 30th.

• Form 301: Injury and Illness Incident ReportRecords more details on each case, including date of birth, date of hire, gender, time employee began work, time of event, and a detailed description of the event.

www.osha.gov/recordkeeping

Privacy concern

29 CFR 1904.29• Do not enter the name of an

employee on the OSHA Form 300 for “privacy concern cases”

• Enter “privacy case” in the name column

• Keep a separate confidential list of the case numbers and employee names

Privacy concern cases• An injury or illness to an intimate body part or

reproductive system• An injury or illness resulting from sexual assault• Mental illness• HIV infection, hepatitis, tuberculosis• Needlestick and sharps injuries that are

contaminated with another person’s blood or other potentially infectious material

• Employee voluntarily requests to keep name off for other illness cases

Multiple establishments

29 CFR 1904.30• Keep a separate OSHA Form 300 for

each establishment that is expected to be in operation for more than a year

• May keep one OSHA Form 300 for all short-term establishments

• Each employee must be linked with one establishment

Covered employees

29 CFR 1904.31• Employees on payroll• Employees not on payroll who are supervised on

a day-to-day basis• Exclude self-employed and partners• Temporary help agencies should not record the

cases experienced by temp workers who are supervised by the using firm

Annual summary

29 CFR 1904.32• Review OSHA Form 300 for

completeness and accuracy, correct deficiencies

• Complete OSHA Form 300A• Certify summary• Post summary from February

1 to April 30

Retention and updating

29 CFR 1904.33• Retain forms for 5 years

following the year that they cover

• Update the OSHA Form 300 during that period

• Need not update the OSHA Form 300A or OSHA Form 301

Common recording/reporting errors

Is this case recordable?

An employee steps on a rusty nail and gets a tetanus shot at the walk-in clinic.

No. This is not a recordable case.

A tetanus shot is categorized as first aid.

Felix attacks

An animal control officer gets scratched and is sore after Felix the cat attacks him. So,

the officer decides to recuperate at home the next day. Treatment is limited to first aid.

Is this a recordable case?

Felix attacks

Yes—It is a case with 1 day away from work.

Reportable vs. recordable

Your secretary goes into diabetic shock and dies at work.

Non-work-related event or exposure

Report?

Yes

Record?

No

Temp workers

Mary is a Quick Staffing temporary worker working at Dynamic Manufacturing. She falls

off a ladder and breaks her arm.

Who must record this case?

Who counts temp workers?

Dynamic Manufacturing must record the injury because they supervise her on a daily

basis.

Quick Staffing handles the workers’ comp claim and pays her while she is out.

Resources

• U.S. OSHA https://www.osha.gov/recordkeeping2014/index.html

• North American Industry Classification System www.naics.org

• Incident Rate Calculator and Comparison Tool http://data.bls.gov/iirc/calculate.do

Disclaimers

*This webinar is designed to provide accurate and authoritative information about the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. *This webinar provides general information only and does not constitute legal advice. No attorney-client relationship has been created. If legal advice or other expert assistance is required, the services of a competent professional should be sought. We recommend that you consult with qualified local counsel familiar with your specific situation before taking any action.

Ana Ellington is a legal editor for BLR’s workplace safety publications. She’s been with BLR since 2002, working to keep safety professionals informed about their federal and state regulatory compliance obligations. She writes articles to keep them in the know, develops compliance and education materials to help with their safety programs, and often gives webinars or presents workplace safety topics important to busy professionals. Ellington is a member of the American Society of Safety Engineers (ASSE), the Connecticut chapter of the Society of Women Environmental Professionals, and the American Translators Association.

Ana Ellington