Monday, January 28, 2019

OSHA Employer Reminder - Post Injury and Illness Summaries Now Through April

Employer Posting Requirements for OSHA Form 300A and Avoiding Frequent Employer Mistakes

HCSI reminds healthcare and other non-exempt employers of their obligation to post a copy of OSHA's Form 300A, which summarizes job-related injuries and illnesses logged during 2018. The summary must be displayed each year between February 1 and April 30 in a common area where notices to employees are usually posted. Businesses with 10 or fewer employees and those in certain low-hazard industries are exempt from Occupational Safety and Health Administration (OSHA) recordkeeping and posting requirements. Visit OSHA's Recordkeeping Rule webpage for more information on recordkeeping requirements.

February 1 is the deadline for annual posting of the OSHA 300A summary of workplace injuries and illnesses. This annual requirement should not be confused with OSHA’s new electronic recordkeeping rule. The February 1st deadline is only about the internal posting of 300A data for your employees’ eyes. The electronic recordkeeping rule is a new requirement for certain employers to submit the annual summary forms through an electronic portal.

All employers that are required by OSHA to maintain a copy of OSHA's Form 300A, that at any time in the past calendar year had 10 or more employees, are required to complete and post OSHA Form 300A (unless they belong to certain low-risk industries that are exempt). Examples of low-risk, exempt industries include clothing retail stores, publishers, banks and investment services. A full list of exempt industries can be found on the OSHA website. 

OSHA Form 300A is a summary of all serious work-related illnesses and injuries (including needlesticks and bloodbourne pathogens exposure) suffered by employees in the previous year. Even if no incidents or injuries occurred in 2018, employers that meet the requirement must post the form. Again, OSHA Form 300A must be posted in a visible location and must be displayed where notices to employees are commonly posted and must remain posted from February 1, 2019 through April 30, 2019.
OSHA Form 300A derives from information kept in the OSHA 300 Log. Employers should complete and post the Summary (OSHA Form 300A) using information recorded on the log but do not post the Log (OSHA Form 300). Employers should consult with legal counsel or contact OSHA directly regarding any specific questions about how to comply with these requirements. Be proactive and prepared with your documentation so you can provide employees, former employees, their representatives, as well as OSHA officials access to your Log of Work-Related Injuries and Illnesses (OSHA Form 300).

In an article from Attorney Eric J. Conn, chair of the Conn Maciel Carey OSHA practice group, emphasizes that employers commonly make the following four mistakes with the 300A:
  • Not having an internal management representative with adequate status certify the 300A.
  • Not posting a 300A for years in which there were no recordable injuries.
  • Not maintaining a copy of the certified version of the form.
  • Not updating prior years’ 300 logs based on recent information about previously unrecorded injuries or changes to injuries that were previously recorded.
Those who certify the forms (normally the organizations OSHA Compliance Officer) attest that they:
  • Personally examined the 300A;
  • Personally examined the OSHA 300 log from which the summary was developed; and
  • Reasonably believe, based on their knowledge of recordkeeping processes, that the 300A summary is correct and complete.
Employers, be aware that the 300A from must remain posted where employee notices are typically posted, and remain there for at least three months, February 1 through April 30. Once the summary comes down, it must be maintained for 5 years following the end of the prior calendar year at the facility covered by the form or at a central location. In addition to the summary, you need to save the 300 log on which it was based and any corresponding 301 incident report forms.

More information about OSHA employer responsibilities can be found here:

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