Cal/OSHA Log and Other New Requirements

If you didn’t post your Cal/OSHA log, here once again, is your reminder. February is the month to post your company’s Summary of Work Related Injuries and Illnesses (Form 300A); this document is a summary of the workplace injury and illness data compiled from the Log of Work-Related Injuries and Illnesses (Form 300) that was completed for the prior year (2016).  The Summary must be posted in a conspicuous place (i.e., where similar types of notices are customarily posted for employees; such as employee bulletin boards) beginning February 1 through April 30.  Remember, you must post the summary only, not the log (a common mistake).  The Summary must be completed and posted even if no work-related injuries or illnesses occurred in 2016.

Employers with more than ten employees and whose establishments are not classified as a partially exempt industry must record work-related injuries and illnesses using Cal/OSHA Forms 300, 300A and 301. The Summary (Form 300A) requires the following information from the Form 300 Log:

1. Total number of non-first aid occupational injury and illness cases
2. Total number of cases with days away from work and cases with job transfer or restriction and total number of other recordable cases
3. The cumulative total number of days from all injuries or illnesses including days away from work and job transfer restrictions.
4. Number of occupational injury/illness cases including skin disorders, respiratory conditions, poisoning, hearing loss and all other illnesses.

Injuries treated as “first aid” need not be included in the log.  Should you have any questions on the posting or recordkeeping instructions, the required forms and a more detailed explanation of first-aid you can find additional inform through the Department of Industrial Relations website at http://www.dir.ca.gov/dosh/DoshReg/ApndxA300Final.pdf.

As discussed in a recent blog there is a new OSHA rule which requires certain employers to electronically submit their work-related injury and illness. OSHA is not accepting electronic submissions at this time. Updates will be posted to the OSHA website at www.osha.gov/recordkeeping when they are available. This currently does not apply to Cal/OSHA; however Cal/OSHA will need to adopt “at least as effective regulations”.

Electronic submittals will be required for establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2016 Form 300A by July 1, 2017. These same employers will be required to submit information from all 2017 forms (300A, 300, and 301) by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2. Establishments with less than 250 employees in certain high-risk industries must submit information following the same timetable.

Lastly, effective December 1, 2016, OSHA issued a final rule requiring employers to prepare a procedure for reporting work-related injuries and illnesses free from discrimination/retaliation.  This includes not using drug-testing as a form of retaliation and ensuring that safety incentive programs do not discourage the reporting of injuries/illnesses.  It remains to be seen how this new rule will impact Cal/OSHA.  Cal/OSHA’s Injury and Illness Prevention Program requires an employer to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.  Should you have any questions on the reporting or recording of injuries and illnesses, The Cohen Group would be happy to assist you.