OSHA alert: Form 300A deadlines approaching
This month, all employers required to keep Form 300, the Injury and Illness Log, should be reviewing the Log to verify that entries are complete and accurate and correcting any deficiencies. The information can potentially be used to target inspections; therefore, employers should carefully ensure they submit accurate records.
Two important dates are approaching:
Form 300A posting deadline: February 1, 2020
The annual summary of injuries and illnesses recorded on OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, must be posted where notices are customarily located in workplaces, no later than February 1, 2020, and kept in place until April 30.
Form 300A electronic submission deadline: March 2, 2020
Under the electronic record-keeping rule, establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses must submit the form electronically to OSHA by March 2, 2020, using the Injury Tracking Application on OSHA's website. OSHA began accepting forms on Jan. 2, 2020.
Remember, not all establishments with 250 or more employees need to submit their OSHA 300A data electronically. To review which establishments are exempt, click here.
Important note: In reporting 2019 data, establishments must now provide their Employer Identification Numbers (EIN). You'll want to have that ready as you go to fill out the Injury Tracking Application.
What has to be recorded?
When an accident occurs, an employer must document a recordable injury or illness on the OSHA Form 300 log within seven days. Employers should pay careful attention to their logs and the work-relatedness of safety incidents, particularly in light of the electronic submission rule. Some employers tend to focus on medical treatment or days away from work, rather than beginning with - was this work-related? The OSHA Regulation 29 C.F.R. §1904.7 contains an in-depth overview of recordable injuries and illnesses. Additional information on determining medical treatment and first aid can be located at 29 C.F.R. §1904.7(b)(5).
Standard interpretations on recordkeeping issued in 2019 include:
- Employee injury sustained during lunch break while sitting in company car is recordable 1904.5(b)(2)(v)
- Clarification on tissue massage 1904.7(b)(5)(ii)
- Clarification on how to count calendar days resulting in days away from work 1904.7(b)(3)
- Recordkeeping regulations do not apply to foreign-flag vessels 1904.7(b)(3)
A Form 300 log is required for each physical establishment location that is expected to be in operation for at least one year. Form 300A summarizes the total number of fatalities, missed workdays, job transfers or restrictions, and injuries and illnesses as recorded on Form 300. Even if there were no recordable incidents in 2019, companies required to maintain records still must post (and electronically submit, if applicable) the summary with zeros on the total lines. Copies should be made available to any employee who might not see the summary (such as a remote employee who works from home).
A company executive, as defined by OSHA, must certify the summary. Employers must keep the records for five years following the calendar year covered by them, and if the employer sells the business, he or she must transfer the records to the new owner.