Federal OSHA Regulations: Did You Know?

Federal OSHA Regulations:

Who is required to keep the injury and illness records?

Companies with more than 10 employees during the last calendar year (unless surveyed by OSHA or BLS).

  • Total number of employees is based on the number of employees in the entire company
  • Total number of employees should include temporary employees who were supervised by your company on a day-to-day basis

What industries are required by the record keeping requirement?

  • All industries in agriculture, construction, manufacturing, transportation, utilities and wholesales trade sectors are covered
  • Some industries in the retail and service sectors are partially exempt

Employee injuries while on travel status:

  • An injury or illness that occurs while an employee is on travel status is work-related if it occurred while the employee was engaged in work activities in the interest of the employer. 
  • Home away from home
  • Detour for personal reasons is not work related

Working at home:

Injuries and illness that occur while and employee is working at home are work-related if they:

  • Occur while the employee is performing work for pay or compensation in the home

AND

  • Are directly related to the performance of work rather than the general home environment

Multiple Business Establishments:

  • Keep separate OSHA Form 300 for each establishment that is expected to be in operation for more than a year
  • May keep one OSHA Form 300 for all short-term establishments
  • Each employee must be linked with one establishment

Who is a Covered Employee?

  • Employees on Payroll
  • Employees not on payroll who are supervised on a day-to-day basis
  • Exclude self-employed and partners
  • Temporary help agencies should not record the cases experienced by temp workers who are supervised by the using firm

Annual Summary:

  • Review OSHA Form 300 for completeness and accuracy, correct deficiencies
  • Complete OSHA Form 300A
  • Certify summary
  • Post summary

Posting Annual Summary:

A company executive must certify the summary:

  • Owner of the company
  • Officer of the corporation
  • Highest ranking company official working at the establishment
  • His or her supervisor

Post for three months from February 1 through April 30 of the year following the year covered by the summary

How long to keep records? 

  • Retain forms for 5 years following the covered year
  • Updated OSHA Form 300 each year

 

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