HR LAW: OSHA RECORDKEEPING & POSTING
OSHA (Occupational Safety and Health Act) was created “to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.” This article covers Employers HR LAW: OSHA Recordkeeping & Posting Requirements for the OSH Act.
Employers with 10 or more employees are required to keep a record of serious work related injuries and illnesses using the OSHA 300 Log (Log of Work Related Injuries and Illnesses). The OSHA Form 301 (Incident Report) should also be completed for each injury within 7 days of the incident. Only certain low risk industries are exempt. Check with OSHA to ensure if your organization is exempt or covered by OSHA. Minor First Aid injuries do not need to be recorded. OSHA defines a recordable injury as
*Any work-related fatality
*Any work-related injury or illness that results in loss of consciousness, days away from work, restricted work, or transfer to another job.
*Any work-related injury or illness requiring medical treatment beyond first aid.
*Any work-related diagnosed case of cancer, chronic irreversible diseases, fractured or cracked bones or teeth, and punctured eardrums.
*There are also special recording criteria for work-related cases involving: needle-sticks and sharps injuries; medical removal; hearing loss; and tuberculosis.
Records must be maintained at the work-site for at least 5 years. Each February employers must post a summary of last year’s recordable – OSHA 300A (Summary of Work Related Illnesses and Injuries). Companies must be able to provide an employee with a copy of the report if requested. Employers must fill out the Log and the Incident Report only if a recordable work-related injury or illness has occurred. Employers must fill out and post the Summary (300A) annually, even if no recordable work-related injuries or illnesses occurred during the year.
Electronic Submissions: Starting in 2017, OSHA requires employers to submit the summary of illnesses and injuries electronically.
“The new reporting requirements will be phased in over two years:
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 20-249 employees in certain high-risk industries must submit information from their 2016 Form 300A by July 1, 2017, and their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2. OSHA State Plan states must adopt requirements that are substantially identical to the requirements in this final rule within 6 months after publication of this final rule.” Sourced from OSHA
Information has not yet been released on Employers with 11-19 employees. Best Practice is to continue to complete records and reports manually until further notice from OSHA.
Serious Injury Reporting: Employers have 8 hours to report a fatality of a worker. They have 24 hours to report amputation, loss of an eye, or hospitalization of a worker within 24 hours. Form 301 must be completed along with updating the OSHA 300 Log.
Need more information on OSHA? Check out this OSHA Article
POSTINGS & NOTICES
Every employer must post an OSHA notice or notices, informing employees of the protections and obligations provided for in the Act. The notice or notices must be posted by the employer in each location in a conspicuous place or places where notices to employees are customarily posted. Each employer shall take steps to insure that such notices are not altered, defaced, or covered by other material. The OSHA Job Safety and Health: It’s the Law poster (free from OSHA) informs workers of their rights under the Occupational Safety and Health Act. All covered employers are required to display the poster in their workplace. Employers do not need to replace previous versions of the poster. If you are in a state with an OSHA-approved state plan, there may be a state version of the OSHA poster. Federal government agencies must use the Federal Agency Poster.
NOTICE TO EMPLOYEES
Required Notices: Employers must inform employees of how to report injuries and illnesses. The procedure must be “reasonable” as stated in the updated rule (a procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness). They must also specifically inform employees that: (i) they have the right to report work-related injuries and illnesses; and (ii) employers are prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses. Sourced from OSHA HR LAW: OSHA Recordkeeping & Posting
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