Many of you may have heard the news: some of OSHA’s record-keeping rules and forms changed on Jan. 1, 2002. But don’t panic; the sky isn’t falling. The new rules and forms should help to streamline the record-keeping process.
Here’s a quick refresher course on the old rules, and an introduction to the new rules.
Q: Who is covered by OSHA’s record-keeping rules?
Employers who employ 11 or more employees at any one time during the calendar year.
Q: What records does OSHA require you to keep?
Records must be kept concerning any non-minor injury from a work-related accident.
Q: What type of injuries must you record?
Generally, injuries which require only on-the-premises first aid do not need to be recorded. However, an injury that requires medical treatment, loss of one or more work days, restriction of work or motion, loss of consciousness, or death must be recorded. Even if you don’t employ at least 11 employees, you are now required to report to OSHA any workplace fatality, or any incident that results in the hospitalization of three or more employees.
Q: What about occupational illnesses?
Records also must be kept concerning occupational illnesses (as opposed to “injuries”), which include (for example) illnesses caused by exposure to workplace environmental factors. For example, acute or chronic illnesses that are caused by exposure to hazardous substances or chemicals would be characterized as an occupational illness.
| DELAY IN OSHA ENFORCEMENT OF NEW RULES |
OSHA will not enforce its new record-keeping provisions for the first 120 days of 2002. This decision is the result of the settlement of a case brought against OSHA by the National Association of Manufacturers. Although the new record-keeping rules went into effect Jan. 1, 2002, OSHA compliance officers will spend the first four months providing employers with “compliance assistance,” and will NOT issue record-keeping citations during this time period “provided the employer attempts in good faith to meet its record-keeping obligations and agrees to make corrections necessary to bring the records into compliance.” – Steve Brandon |
Q: What type of reporting has OSHA required in the past? Qualifying occupational injuries and illnesses at each work establishment were required to be entered on an OSHA Form 200 (log and summary) within six working days after the employer had knowledge that a recordable injury or illness had occurred. In addition to the log and summary, employers were required to prepare an individual report on OSHA Form 101 for each occupational injury or illness. However, in lieu of completing the Form 101, many states allowed employers to substitute their own workers’ compensation injury reports, which typically require the same information.
Q: How did the reporting requirements change on Jan. 1, 2002? The Form 200 was superceded by the Form 300, and the Form 101 was superceded by the Form 301.
Other changes of note:
OSHA Online Resources:
Steve Brandon is available to PLCAA members concerning issues regarding OSHA standards: recordkeeping, hazard communication, ergonomics, blood borne pathogens, lock-out/tag-out, confined spaces and other general industry standards; and Workers' Compensation. Steve may be reached at 205/909-4502 or by e-mail: sbrandon@lmpplaw.com.
