OHSA Record Keeping

The following information comes from FirstComp Insurance.  You can read the full copy here.

Every employer covered by the Department of Labor’s Occupational Safety and Health Administration (OSHA) with more than ten (10) employees (except employers in certain low-hazard industries – retail, finance, insurance, real estate, and service sectors) must maintain specific records of job related injuries and illnesses. Despite the exceptions, all employers must report by telephone or in person to the nearest OSHA office within eight (8) hours of any work-related fatality or inpatient hospitalization of three or more employees. OSHA approved State Plans may have stricter requirements regarding: reporting of fatalities, catastrophes or multiple injuries, industry and size exemptions, and record access provisions. For specific requirements please contact your local state OSHA office.

Recording Criteria:

Generally an injury or illness must be considered work-related if an event or exposure either caused or contributed to the resulting condition or significantly aggravated a pre-existing  ondition. An injury or  illness is considered to meet general recording criteria if it results in any of the following: death; days away from work, restricted work or transfer to another job (DART); medical treatment beyond first-aid; loss of consciousness; or involves a significant injury or illness diagnosed by a physician or other licensed health care professional. The following must also be recorded: work related needlestick injuries and cuts from sharp objects that are contaminated with another person’s blood or other potentially infectious material are recordable; an employee that is medically removed from work under the requirements of a specific OSHA health standard; an employee’s hearing test (audiogram) reveals that an employee has experienced a work related Standard Threshold Shift (STS) in hearing in one or both ears, and the employee’s total hearing level is 25 decibels (dB) or more above audiometric zero in the same ear as the STS; an employee is exposed to someone with a known case of active tuberculosis (TB), and subsequently develops a TB infection.

Recordkeeping Forms:

OSHA provides three basic forms OSHA Forms 300, 300A and 301 for recordkeeping purposes. Form 300 is called the “Log of Work-Related Injuries and Illnesses” and is used to record specific information applicable to each recordable case. Form 300A is the “Summary of Work-Related Injuries and Illnesses” and is used to summarize Form 300 information at the end of the year. OSHA Form 301 is the “Injury and Illness Incident Report” and includes additional data on how the injury or illness occurred. An equivalent form such as your company’s incident report form can replace OSHA Form 301, as long as the equivalent from includes all of the same data. Within seven (7) calendar days of receiving information about a case, the employer must decide if the case is recordable, and then complete the 300 “Log” and the 301 “Incident Report”.

Other Requirements/Considerations:

● Employers must set up a specific method for employees to report injuries and illnesses, and must instruct all employees on how to report. An employer may not discriminate against an employee for reporting a work-related injury or illness.

● Cases such as; use of nonprescription medications, tetanus shots, cleaning, flushing or soaking of wounds, use of bandages, wraps or eye patches, use of hot, cold or massage therapy, and drinking fluids to relieve heat stress are considered first-aid and are not recorded.

● Employers must record the injuries and illnesses of all employees on payroll including temporary workers since the company exercises day-to-day control over them.

● Employers are allowed to cap the number of days away and/or restricted work/job transfer when a case involves 180 calendar days.

● If a company has more than one establishment (a single physical location where business is conducted or where services or industrial operations are performed), then a separate Form 300 must be maintained for each establishment expected to be in operation for more than a year. Industries such as construction and transportation are examples where employees do not work at a single location. For these, the establishment is a main or branch office that either supervises such activities or serves as the base location.

● For privacy cases, employees may request that their names be withheld from the 300 form. Reasons may include; injuries to the reproductive system, sexual assault, mental illness, HIV, hepatitis, sharps with contamination, tuberculosis, or voluntary request by the employee.

● Employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the 300 Log Form and the 300A Summary Form. If requested, the employer must provide the requester a copy of the forms by the end of the next business day.

● Since records are generally not filed with OSHA, they must be maintained at the worksite for five (5) years and made available to employees and OSHA inspectors upon request. In addition, they must be updated to reflect changes that occur in recorded cases, and new entries must be made for previously unrecorded cases.

● Form 300A must be finalized at the end of each calendar year. A company executive must certify and sign the form. Additionally, the form must be displayed (where notices are normally posted) for a 3-month period beginning on February 1st and ending on April 30th of the year following the year covered by the summary. This also applies if there are no recordable cases for the year.