New Year, New OSHA
Logs
As we welcome the new year, it's a time for fresh starts and
new beginnings. For those tasked with OSHA recordkeeping, this includes
certifying, posting, and uploading the 2024 OSHA Injury and Illness Logs while
also initiating new 300 forms that, hopefully remain empty. In this installment
brought to you by the Illinois On-Site
Safety and Health Consultation Program, we'll outline responsibilities in accordance with the OSHA’s Part 1904 that covers recordkeeping, we’ll discuss partial exceptions, and we will also cover the Injury Tracking Application (ITA). Along the way, we will also provide an overview of essential documents and reporting requirements.
Eighty percent of private
sector employers are exempt from maintaining OSHA forms 300, 300A and 301,
collectively referred to as OSHA Injury and Illness Logs. OSHA has set minimum
employee thresholds to reduce the compliance burden on smaller businesses and
has specific exemptions for low-hazard industries. Employers who did not exceed
a company-wide peak of 11 employees at any time during 2024 are not required to
maintain these logs. Sectors, such as retail, professional services,
restaurants, and bars, may be exempt due to being classified as low-hazard
industries. A comprehensive list of exempt industries based on NAICS codes can
be found on the OSHA.gov
recordkeeping section1. Regardless of exemptions, all employers
must still report work-related fatalities and severe injuries to OSHA.
All work-related
fatalities must be reported to OSHA within 8 hours, while in-patient
hospitalizations, amputations, or loss of an eye must be reported within 24
hours. Reports can be submitted via phone to an OSHA area office or through the
hotline at 1-800-312-OSHA (6742). Additionally, there is an option to file a
report online (not via email) at https://www.osha.gov/ords/ser/serform.html . When reporting serious incidents, be prepared to provide contact and business information along with a brief incident description. An employer representative should make the report. Common inquiries about reporting injuries often revolve around the definitions of in-patient hospitalization and work-relatedness. Detailed discussions on these topics are too extensive for this article, but know that emergency room visits where the employee is “treated and released” are not considered in-patient hospitalizations. Motor vehicle accidents that result in death or injury on highways, public streets, or while traveling on commercial transportation are not reportable unless these are the employee's place of business (i.e., construction workers, flight attendants). All reportable incidents must be recorded, while most recordable incidents are not reported.
Work-related deaths, injuries,
and illnesses must be captured on the compilation of OSHA forms: 300, 300A and
301. Notably, workers' compensation and OSHA injury and illness recordkeeping
are distinct from one another. The suite
of OSHA recording forms2 and instructions can be found on OSHA’s website. The OSHA Form 301 or equivalent must be completed within seven
calendar days of becoming aware of any work-related incident and be retained
for five years. The Illinois Workers' Compensation Commission Form 45:
Employer's First Report of Injury is recognized as equivalent to OSHA Form 301.
OSHA Form 300 includes sensitive information related to employee health
and must be managed to protect employee confidentiality. This form records
details of all work-related incidents that involve loss of consciousness,
restricted work activity, job transfers, days away from work, or medical
treatment beyond first aid. Significant work-related injuries and illnesses
diagnosed by a healthcare professional are also documented in Form 300. OSHA
Form 300A, which summarizes the data from Form 300, requires certification
by an executive official and be posted for employee access between February 1
and April 30, regardless of whether any work-related injuries or illnesses
occurred during the previous year. For some employers, recordkeeping data needs
to be submitted electronically to OSHA.
Not all businesses are
required to submit captured data to the Injury Tracking Application
(ITA)3. The application is a secure website where employers can
upload or manually enter OSHA 300 log data. The upload requirement is tied to
the number of employees and the NAICS industry classification. OSHA has developed
a web application tool4
to help employers determine if they are required to upload data into the
ITA.
The Illinois On-Site Safety and Health
Consultation Program can be an invaluable resource for employers who notice
their OSHA 300 is too full for comfort. While the Illinois Department of Labor
cannot help you fill out the forms nor provide assistance with your ITA
account, we do offer free and confidential safety and health assistance to
small and medium-sized businesses. Consultation services include on-site
visits, air sampling, program assistance, and training, all of which can
contribute to creating a safer and healthier work environment while also
potentially lowering your worker's compensation insurance. This program,
brought to you at no cost by the State of Illinois, can provide the support and
guidance you need to identify hazards, develop a hierarchy of controls for
those hazards, and create an enduring safety and health program. Visit https://worksafe.illinois.gov/ or
contact Harry (Hap) Hileman with the Illinois Department of Labor at
217-993-2111 for more information.
1 https://www.osha.gov/recordkeeping/presentations/exempttable
2 https://www.osha.gov/sites/default/files/OSHA-RK-Forms-Package.pdf
3. https://www.osha.gov/injuryreporting/faqs
4 https://www.osha.gov/itareportapp
