OSHA Update—Reminder Regarding Posting, Retaining, and Submitting Injury and Illness Summaries

16 February 2017 Labor & Employment Law Perspectives Blog

It’s that time of year again.  Between February 1 and April 30, employers must post a copy of their completed OSHA Form 300A for each establishment in a conspicuous place or in a place where employee notices are customarily posted.  29 C.F.R. § 1904.32(b)(5).  Form 300A summarizes job-related injuries and illness logged the previous calendar year.  So if you are an employer and have not already posted your completed Form 300A, it is imperative that you do so now before OSHA comes knocking.

Keep in mind that employers are also required to retain accurate OSHA 300, 300A, and 301 logs and forms for five (5) years after the end of the particular calendar year.  29 C.F.R. § 1904.33(a).  OSHA 300 logs and 301 Incident Report forms should be verified at the end of each calendar year to ensure they contain accurate entries for all recordable injuries and illnesses that occurred during that calendar year.  29 C.F.R. § 1904.33(b)(1).  But even if a recordable injury is missed or inaccurately reported on logs in a given year, employers should still correct the OSHA 300 logs during the 5-year retention period.  29 C.F.R. § 1904.33(b)(1).

As we have reported previously on the Work Knowledge Blog, 2017 will bring new controversial reporting obligations to employers.  That is, employers covered by the recordkeeping regulations and employing 250 or more individuals (at any time in the previous calendar year) must electronically submit their Forms 300A to OSHA by July 1, 2017, and their Forms 300, 300A, and 301 by July 1, 2018.  29 C.F.R. §§ 1904.41(a)(1), (a)(2), (c)(1).  Employers, in certain industries, with 20-249 employees will only have to submit their Forms 300A to OSHA on July 1, 2017, and July 1, 2018, respectively.  29 C.F.R. § 1904.41, App. A.  In 2019, the reporting date will be changed from July 1 to March 2.  29 C.F.R. § 1904.41(c)(2).

If you are an employer and have questions about your obligations under OSHA’s regulations and any related legal exposure, be sure to consult with an attorney knowledgeable about the agency and its enforcement procedures.

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