OSHA Record-Keeping Requirements Explained

The OSH (Occupational Safety and Health) Act of 1970 requires employers to keep records of all workplace injuries, illnesses and deaths that are job-related. In point of fact, OSH actually directed the Secretary of Labor to draw up regulations requiring such record-keeping, and as matters developed, the Department of Labor (DOL) entrusted implementation and oversight to a newly created agency called the Occupational Safety and Health Administration (OSHA), and subsequently in states with OSHA-approved programs, to the state OSH administrators.

OSHA regulations do exempt certain businesses from keeping detailed records, but they still mandate records of any job-related deaths or hospitalizations of three or more employees. Firms with ten or fewer employees are automatically exempted unless informed in writing by either OSHA or the Bureau of Labor Statistics (BLS) that they must keep detailed records. Specifically exempted businesses include low-hazard retail, service, financial, insurance and real estate concerns of any size; all other businesses must keep records of all workplace injuries and illnesses. State programs may further restrict the exempted list but cannot expand upon it. For a complete OSHA listing of exempt businesses, refer to Appendix A to Subpart B online.

Job- or work-related is the key phrase. If a person has an epileptic seizure and breaks an arm while at work, that is not a recordable event. The injury, illness or fatality must genuinely be a result of occupational causes.

These records are used for various purposes:

♦ Injury and illness statistics are used by OSHA. OSHA collects data through the OSHA Data Initiative (ODI) to help direct its programs and measure its own performance.

♦ Inspectors also use the data during inspections to help direct their efforts to the hazards that are hurting workers.

♦ Employers and employees use the data to implement safety and health programs at individual workplaces. Analysis of the data is a widely recognized method for discovering workplace safety and health problems and for tracking progress in solving those problems.

♦ The records provide the base data for the BLS Annual Survey of Occupational Injuries and Illnesses, the nation’s primary source of occupational injury and illness data.

Confusion often arises as to whether an injury or illness needs to be recorded. OSHA does list specific instances, including the epileptic example above, when records need not be kept. Examples include members of the general public who get injured or become ill on the work site; employees who develop symptoms at work arising from illnesses and injuries that originated elsewhere; employees who are injured or become ill participating in voluntary recreational or wellness activities; employees who are injured in automobile accidents in the company parking lot; employees who come down with the common cold or flu (but if it’s a contagious disease such as tuberculosis or hepatitis A acquired at work, it needs to be reported); and employees who injure themselves while preparing their own food or become ill from eating their own food. For a more comprehensive list, please visit the OSHA determination of work-relatedness Web page.

In contrast, unless exempted you must always report incidents that result in one of the following: days away from work, loss of consciousness, restricted work or transfer to another job, significant injury or illness diagnosed by a physician or health care professional, and finally, death. The OSHA site also advises: “OSHA believes that cancer, chronic irreversible diseases, fractured or cracked bones, and punctured eardrums are generally considered significant injuries and illnesses, and must be recorded at the initial diagnosis even if medical treatment or work restrictions are not recommended, or are postponed, in a particular case.” Of course, these injuries and illnesses like all others must be job-related to be recorded.

The recording vehicle is in most cases the OSHA 300 Log, though the administration will accept official records kept for other government agencies with the advisory that you should clear the form with OSHA before substituting it for the 300 Log.

Personnel Concepts has developed several useful programs and tools to help employers comply with OSHA record-keeping requirements. The Injury and Illness Prevention Program has long been a mainstay for companies’ desiring to maintain safe and healthy workplaces. The OSHA 300 Log Record-Keeping Compliance Kit helps guide you through OSHA regulations and requirements and keep accurate records. Finally, the Space Saver-2 All-On-One OSHA Safety Poster will satisfy your posting requirements and help keep you in OSHA compliance to avoid fines.

About the author:
Gary McCarty is a researcher and Web Content Manager for Personnel Concepts.

Note: The details in this white paper are provided for informational purposes solely. All answers are general in nature, not legal advice and not warranted or guaranteed. Readers are cautioned not to rely on this information. Because laws change over time and in different jurisdictions, it is imperative that you consult an attorney in your area regarding legal matters and an accountant regarding tax matters.