Keep OSHA Forms Up to Date and Accurate

08/20/08

Imagine, an OSHA inspector comes into your business and says, “Let me see your injury and illness records for the past five years.”

As you scramble to comply, he nonchalantly doubles your panic by adding, “You have four business hours to have them all in order. In the meantime, I’ll head out to the shop floor to take a look around.”

Don't wait for an inspection to make sure your OSHA recordkeeping is in full compliance. Because, if you can’t come up with the records in time, you may pay dearly for your disorganization. An inspector might be lenient the first time around, depending on the situation, but don’t count on it. Typical fines are in the range of $1,000 for each offense, but they can run as high as $7,000.

Record Injuries Immediately
The only way to avoid problems is to be meticulous in keeping records regarding on-the-job injuries and illnesses. And you need not look at the task as mere drudgery — such recordkeeping can help you pinpoint problems that cause injuries. Not only can you prevent additional injuries, but you’ll also keep workers’ comp costs down.

OSHA requires you to record injuries and illnesses on these three forms:

300: Log of Work-Related Injuries and Illnesses. Log each recordable occupational injury or illness on this form within six working days of learning about it.

301 (or equivalent): Injury and Illness Incident Report. On this form, you describe each incident in greater detail. Fill it out within seven days of learning about an incident.

300A: Summary of Work-Related Injuries and Illnesses. This form, which summarizes the number and nature of on-the-job injuries and illnesses for a calendar year, must be posted in a conspicuous place by February 1 of the following year and remain on view through April 30. Although the 300A may not need to be posted for a few months yet, filling it out won’t be easy unless you’ve been keeping up to date with the other forms.

You don’t need to file these forms with the government but, as noted, you’d better have them on hand when OSHA comes calling. Keep them for five years after the year they cover, and keep separate records for each establishment.

Who’s Covered?
Not every employer needs to fill out these forms. There are several exemptions. First, you’re exempt if you have ten or fewer employees. Second, companies in service industries such as banking or insurance are also exempt, because they are considered low-risk. (OSHA maintains a list of exempt industries by SIC code at www.osha.gov.)

Employers of every size and industry must report – within eight hours – fatalities or accidents that cause the hospitalization of three or more employees.

If you have operations in one or more of the twenty-five states and territories that run their own OSH programs, your state(s) may have more stringent regulations when it comes to exemptions. To be sure, check with each state labor department.

Recordable Injuries or Illnesses
An on-the-job injury or illness must be recordable if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. “Significant” injuries or illnesses, as diagnosed by a licensed health professional, also must be recorded, even if they don’t result in days away from work or any of the other conditions listed above.

Among other things, you don’t need to record incidents related to:

Eating or drinking;

Blood donations;

Exercise programs;

Common colds or the flu;

First aid, like offering wraps, aspirin, topical antiseptics, etc.

One mistake employers often make is logging accidents that need not be logged. If an employee cuts herself and you give her a bandage and an ice pack, for example, you don’t have to log it. If she needed stitches, on the other hand, you would.

Maintain Privacy
Some incidents result in illnesses or injuries that should be kept private — especially because all employees have the right to view the 300 log. Don’t enter an employee’s name in cases of:

Sexual assault;

Needle or puncture wounds that could contaminate a person with an infectious material;

HIV infection, hepatitis, or tuberculosis;

Injury to an intimate body part;

A mental illness;

Other illnesses if the employee requests privacy.

Instead of the name, enter “Privacy Concern Case.” Keep a separate, confidential list of case numbers and employee names in case you need to update a case or provide information to the government.

Leaving the name off the log may not be enough. Be careful about recording details that may point to a specific person. If you omit the name, for example, but include a job title such as ‘janitor’ when you have only one, that’s giving too much information. Likewise, mute the facts if an incident can be connected with a person. A sexual assault, for example, might be recorded as an “injury from assault.”

Gain Peace of Mind
The easiest way to comply with the law and protect yourself from penalties is by using G.Neil’s OSHA Recordkeeping System. It provides all the forms you need, plus flowcharts and tip sheets to help you know when to record an incident and how to count days away from work. It guides you through the recording process completely, and it provides a convenient folder in which to keep all the forms. What it really does is give you peace of mind.

To find out more about OSHA recordkeeping requirements, go to gneil.com/info/osha

Other products to help you manage safety on the job include:
OSHA Recordkeeping Center
The OSHA Answer Book
MyBiz™ OSHA 300 Software
Bloodborne Pathogens Video Training Kit
Employer’s Guide to Handling Government Investigations (OSHA)