March 2, 2020, is the deadline for electronically reporting your OSHA Form 300A data for calendar year 2019. OSHA Form 300 refers to a form required by OSHA for employers who have 10 or more employees (Certain low-risk industries are exempted). The form allows for the recording of work-related injuries and illnesses.
OSHA published a Final Rule to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information from the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees that are required to routinely keep injury and illness records. Covered establishments are only required to electronically submit information from the OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). The requirement to keep and maintain OSHA Forms 300, 300A, and 301 for five years is not changed by this Final Rule.
What must employers do?
Besides recording of any accident or illness that is work-related, employers must also log where and when they occur, the nature of the case, the name and job title of the employee injured or made sick, and the number of days away from work or on restricted or light duty, if any.
Employers must record all new cases of work-related fatalities, injuries, and illnesses if they involve any of the following circumstances:
days away from work
restricted work or transfer to another job
medical treatment beyond first aid
loss of consciousness
a significant injury or illness diagnosed by a physician or other licensed health care professional.
Each recordable injury or illness case must be recorded on the OSHA 300 Log and the Form 301 Incident Report within seven calendar days after the employer receives notice that the injury or illness occurred.
How are Injuries and Illnesses Recorded?
The OSHA 300 Log requires employers to check one of six boxes to categorize the injury/illness:
all other illnesses.
There are spaces to record days of a job transfer or work restriction, as well as days away from work. Calendar days (rather than scheduled workdays) are used for recording days away from work. If an injury or illness causes a worker to miss work, the employer must record weekend days, holidays and other days that the worker might not have been scheduled to work. Employers may limit days away from work to 180 days.
What About Privacy Issues?
Certain cases of injury or illness are handled as privacy cases and thus are handled confidentially. The following cases are considered “privacy cases”:
the injury or illness occurred to an intimate body part or the reproductive system
In these types of cases, a separate confidential list of employee names must be kept. Employers also have the right to use discretion in describing the sensitive nature of the injury where the worker’s identity would be known.
How Long Must the Forms Be Kept?
Employers must save the OSHA 300 Log, the Form 300A (annual summary), privacy case lists, and the Form 301 Incident Report forms for five years. The stored OSHA 300 Logs must also be updated by the employer to include any newly discovered recordable injuries or illnesses.
Are there Different Requirements to Report a Fatality or Severe?
Yes, all employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye:
A fatality must be reported within 8 hours.
An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.
Are Workers Allowed to See OSHA 300 Forms?
Yes. Employers must provide copies of the OSHA 300 Logs and Form 301 Incident Report free of charge (if duplicate copies of the same form are requested, the employer may charge copying costs). Once a request is made, these documents must be provided by the end of the next business day.
Are the Recordkeeping Requirements the Same in All States?
The states operating OSHA-approved state plans must adopt occupational injury and illness recording and reporting requirements that are substantially identical to the requirements in Part 1904.
Why is it so important to comply with this rule and on time?
Making the case for investing in safety has never been easier. OSHA has publicly announced that they will be focusing their inspections on establishments who either do not submit their 300A on time or those who have unusually high incident rates. If your safety staff is feeling overwhelmed, it might be time to get some help in preparation for this policy. For example, many organizations are able to reduce their safety professionals’ admin work substantially by simply implementing Incident Management Software.
Not ready for software and just need some assistance filing your OSHA 300 Logs?
However you prepare for this policy, it should not be taken lightly as OSHA will be actively pursuing those who do not comply.
Who needs to comply with this rule?
Only a small fraction of establishments are required to electronically submit their Form 300A data to OSHA. Establishments that meet any of the following criteria DO NOT have to send their information to OSHA. It’s important to remember that these criteria only apply at the establishment level, not to the firm as a whole.
The establishment’s peak employment during the previous calendar year was 19 or fewer, regardless of the establishment’s industry.
The establishment’s industry is on this list, regardless of the size of the establishment.
The establishment had a peak employment between 20 and 249 employees during the previous calendar year AND the establishment’s industry is not on this list.
More About OSHA Injury and Illness Recordkeeping and Reporting Requirements
OSHA Forms for Recording Work-Related Injuries and Illnesses:
Forms 300, 300A, 301 and Instructions - PDF Fillable Format
Severe Injury Reporting - Employers must report any worker fatality within 8 hours and any amputation, loss of an eye, or hospitalization of a worker within 24 hours. Learn details and how to report online or by phone.