On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule changing the list of establishments required to keep records and reporting of work-related injuries.
Executive Summary: On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule changing the list of establishments required to keep records and reporting of work-related injuries. The new rule goes into effect January 1, 2015.
Changing List of Establishments Required to Keep Records
The rule introduces a new classification system to determine which employers with 11 or more employees must maintain injury and illness records. OSHA is moving from classifying industries by the Standard Industrial Classification (SIC) to the North American Industry Classification System (NAICS).
Under the new classification system, some employers previously required to keep records no longer will have to do so. Other employers previously exempted from doing so now will have to keep records. Under the rule, approximately 220,000 new establishments employing 5.5 million employees must now keep records. Among the industries that must start keeping records are automotive dealers, bakeries, building material and supplies dealers, beer, wine and liquor stores, and museums. A list of industries that include establishments that are newly required to keep records is available here A list of industries that include establishments that are newly partially exempt from keeping records is available here.
Employers required to keep records of occupational injuries and illnesses at their establishments must keep the following:
- OSHA Form 300 - Employers must record each recordable employee injury and illness on this form which is the "Log of Work-Related Injuries and Illnesses";
- OSHA Form 301 - This "Injury and Illness Incident Report" provides additional details about each case recorded on the 300 Log; and
- OSHA Form 300A - This "Summary of Work-Related Injuries and Illnesses" is a summary report of all injuries and illnesses that employers must prepare at the end of each year and post in a visible location in the workplace from February 1 through April 30.
OSHA Forms 300 and 301 must be completed within seven calendar days of the time of a recordable fatality, injury or illness occurred. It is recordable if one or more of the following results from the work-related injury or illnesses: death; one or more lost workdays; restriction of work or motion; loss of consciousness; transfer to another job; medical treatment (other than first aid); or diagnosis of a significant injury or illness.
OSHA recently has put two tools on its website to help employers comply with the recordkeeping requirements. They are available at http://www.osha.gov/recordkeeping/index.html.
Reporting of Work-Related Injuries
The second major component of the rule establishes new requirements for when employers must report certain serious injuries to OSHA. All employers covered by OSHA, including those exempt from maintaining injury and illness records, are required to comply with OSHA's reporting requirements.
Employers must report to OSHA each fatality resulting from a work-related accident within eight hours of death. Employers must report to OSHA each in-patient hospitalization, each amputation and each loss of an eye resulting from a work-related incident within 24 hours. In-patient hospitalization is defined as a formal admission to the in-patient service of a hospital or clinic for care or treatment. If employers do not learn about the fatality, in-patient hospitalization, amputation or loss of an eye when the event happens, they must report to OSHA within the specified time after a report of the incident to the employers or one of their agents.
Employers will have three options for reporting the fatality, in-patient hospitalization, amputation or loss of an eye:
- by telephone or in person to the OSHA Area Office that is nearest to the site of the incident;
- by telephone to the OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321-6742; or
- by electronic submission using the fatality/injury/illness reporting application located on OSHA's website at www.osha.gov.
Reports of these serious injuries and fatalities will be posted on OSHA's website.
If you have any questions regarding this new rule, please contact the author of this Alert, Rick Warren, firstname.lastname@example.org, who is a partner in our Atlanta office, or the FordHarrison attorney with whom you usually work.