Fed OSHA and Cal/OSHA Recordkeeping Requirement Changes

Fed OSHA Recordkeeping Requirement Changes

Have you heard about the new Fed OSHA recordkeeping and reporting requirement?  As discussed in one of our recent blogs, Fed OSHA’s Final Rule, which amended the existing Fed OSHA recordkeeping regulation, became effective February 25, 2019.

In an attempt to “Improve Tracking of Workplace Injuries and Illnesses” and reduce the risk of personal data being exposed under Freedom of Information Act, Fed OSHA’s Final Rule eliminates the requirement for employers to electronically submit to Fed OSHA information from their OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report).  However, certain employers will now be required to electronically submit data from their Form 300A (Summary of Work-Related Injuries and Illnesses) to Fed OSHA via the online Injury Tracking Application.  This information must be provided to Fed OSHA by March 2 for the previous calendar year.  Also, the requirement to keep and maintain OSHA Forms 300, 300A, and 301 for five years remains unchanged by Fed OSHA’s Final Rule.

Employers that meet any of the following criteria DO NOT have to send their information to Fed OSHA.  Please note that the following criteria apply to each of the employer’s established locations and not to the employer as a whole:

• The employer’s maximum employees during the previous calendar year was 19 or fewer, regardless of the industry.
• The employer’s industry is on the Partially Exempt Industries list, regardless of the employer’s size.
• The employer had between 20 and 249 employees during the previous calendar year AND the industry is not on the Required Industries list.

For more information go to the U.S. Department of Labor website www.osha.gov.

Cal/OSHA Recordkeeping Requirement Changes

Remember in October of last year we notified you about proposed “emergency regulation” recordkeeping changes to Cal/OSHA Title 8 sections 14300.35 and 14300.41?  Well, the Office of Administrative Law approved the changes in November which means California employers meeting specific requirements (see below) were to report Form 300A data, by December 31, 2018 for calendar year 2017 and by March 2, 2019 for calendar year 2018 via Injury Tracking Application.  The California employer requirements are as follows:

• All establishments with 250 or more employees, unless specifically exempted by section 14300.2 of title 8 of the California Code of Regulations
• Establishments with 20 to 249 employees in the specific industries listed in Appendix H of the emergency regulations.

Requirements for posting your company’s Summary of Work-Related Injuries and Illnesses (Form 300A) remain unchanged.  February 1 was the deadline for posting Form 300A, which is a yearly summary of your company’s Log of Work-Related injuries and Illnesses (Form 300).  At the end of each calendar year you must first verify that the Form 300 entries are complete and correct and then transfer the information from Form 300 to Form 300A as follows:

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.

 Note: Incidents treated as “first aid” do not need to be included on Form 300/300A.  For further information see 1904.7(b)(5)(ii) which defines “first aid”.

Once Form 300A is completed a company executive (i.e. owner, officer, highest ranking official working at the location or the highest ranking official’s immediate supervisor) will need to certify that the information is correct and complete.  Employers are required to then post Form 300A in a visible location until April 30 and provide a copy of Form 300A to any paid employee that does not normally report at least weekly to where the summary is posted during the posting period.  Also, if you are a multi-establishment employer, you must keep a separate Form 300 and Form 300A for each physical location.  However it is not necessary to post Form 300A at a location if operations have closed down during the calendar year.