The Occupational Safety and Health Administration (OSHA) has issued a final report that significantly expands the list of businesses that are covered by new reporting requirements, is your business on that list?
On September 11, 2014 OSHA issued a press release announcing an expanded list of types of businesses that must comply with the OSHA injury reporting requirements. These businesses had previously been exempted from keeping ongoing injury records. The entire list of newly covered businesses can be found here, but it includes businesses like automobile dealerships; beer, wine and liquor stores; lessors of real estate and other activities related to real estate; performing arts companies; and museums and historical sites.
The reason for this change is that OSHA has stopped using SIC codes and has gone to the North American Industry Classification System (NAICS). In doing so the list of covered businesses expanded.
There are still some businesses that are partial exempt. These are generally businesses in industries considered to be low hazard. That list can be found here. Any business that has employed 10 or fewer employees in the calendar year is exempt from standard recordkeeping. These businesses however are not exempt from reporting serious injuries or deaths.
What records must be kept
For those of you new to the list of covered companies you may be wondering what documents you must record injuries on. These are the 300, 300A and the 301. You can find guidance for what is required on these forms and how to report injuries by reading this OSHA Fact sheet.
OSHA Forms 300 and 301 must be completed within seven calendar days of the time of a recordable fatality, injury or illness occurred. It is recordable if one or more of the following results from the work-related injury or illnesses: death; one or more lost workdays; restriction of work or motion; loss of consciousness; transfer to another job; medical treatment (other than first aid); or diagnosis of a significant injury or illness.
There are some things that must be reported by ALL businesses even if they are on the exempt list. These include:
- Deaths- All deaths must be reported within 8 hours of the death, or within 8 hours of the business finding out about the death. This includes not only immediate deaths but also deaths that occur within 30 days of an injury.
- Hospitalizations- All work-related inpatient hospitalizations, all amputations and all losses of an eye within 24 hours.
You can report to OSHA by:
- Calling OSHA’s free and confidential number at 1-800-321-OSHA (6742)
- Calling your closest OSHA Area Office during normal business hours
- Using the new online form that will soon be available
In addition to the changes in the list of new industries covered, and a new list of partially exempt industries OSHA has also announced that all records of the deaths and injuries will be made public by being published on OSHA’s website.
To help you navigate OSHA I am providing you with some links:
The OSHA website
List of newly covered industries
Guidance for newly covered businesses
List of newly exempt industries
Instructions on OSHA logs
Copy of the OSHA poster
As a final note it is important to pay attention to OSHA. They have announced they are tired of seeking civil penalties and are willing to pursue criminal penalties for those they consider to be negligent offenders.