OSHA Reporting Requirements
The United States Occupational Safety and Health Administration (OSHA) was created by Congress and signed into law by Richard M. Nixon in 1970. The agency's function is to issue and enforce rules that ensure worker well-being and safety. In addition, employers are tasked with maintaining accurate records of all work-related injuries, illnesses or deaths. OSHA guidelines must be observed by employers in the 50 states, the District of Columbia, Puerto Rico and any other territories under the jurisdiction of the U.S. government.
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Employers Exempt From OSHA Regulations
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OSHA Part 1904.1 extends partial exemptions to business owners who employ 10 people or less. These owners are exempt from programmed inspections and injury and illness reporting, but do have to comply with other OSHA regulations. In addition, employers who fall into this category must keep records if they are instructed by OSHA to do so.
In accordance with Part 1904.2, individuals and industries exempt from OSHA regulation include farms at which only family members are employed, self-employed people and workers regulated by other federal agencies. Included in the latter category are miners, segments of the transportation industries and employees of state and local governments. In addition, employers in typically low-hazard industries are exempt from maintaining OSHA records. Industries determined to be low-hazard include insurance companies, real estate agencies, eating and drinking establishments, furniture stores, automobile dealers, apparel stores and legal, educational, cultural and social services.
Requirements for OSHA Form 300
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OSHA Form 300, titled the "Log of Work-Related Injuries and Illnesses," is an individual incident report that requires specific details of each individual work-related injury or illness. Form 300 must be completed within seven working days of an incident. Work-related injuries/illnesses that must be recorded include, but are not limited to, skin diseases and/or disorders caused by exposure to workplace chemicals or other substances, respiratory conditions associated with exposure to hazardous biological agents such as vapors, fumes, chemicals, gases or dust, poisoning caused by excessive exposure to toxic substances absorbed from workplace toxins, injuries that result in loss of consciousness, death, medical conditions requiring treatment beyond simple first aid, hearing loss induced by workplace noise and any work-related injury diagnosed by a health care professional.
Other occupational incidents that must be recorded include, but are not limited to, heat exhaustion, frostbite, effects of ionizing radiation and the contraction of blood-borne pathogenic diseases including HIV, AIDS and hepatitis B or C. -
Instructions for OSHA Form 301
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OSHA Form 301, the "Injury and Illness Incident Report," includes comprehensive data regarding incidents logged onto Form 300. Information must include how and where the injury or illness occurred, the employer's name and location, and the employee's name, home address, sex, date of birth and workplace position. Form 301 must also give a comprehensive description of the injury or illness resulting from the incident, the name of the attending physician and the date of the incident. The position of the individual preparing Form 301 must also be included. Form 301 must be kept on file for five years. Failure to do so can result in fines and/or penalties.
Requirements for OSHA Form 300A
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OSHA Form 300A, titled the "Summary of Work-Related Injuries and Illnesses," is an annual summary of work-related injuries and illnesses. This form summarizes information from Form 300 so that workers may be made aware of the number of workplace injuries that occurred the previous year. Form 300A must be displayed in a prominent area of the workplace so that all employees have convenient access to its contents. Post Form 300A from February 1 to April 30 of the year following the previous year's 300 log.
Companies that have reported no injuries for the previous year are not exempt from posting 300A. These employers must adhere to the same rules, entering zeros on the total line.
Conditions Under Which All Employers Must File an OSHA Report
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All employers, regardless of the number of employees or industry category, must file a report with OSHA within eight hours of accidents that result in one or more fatalities or the hospitalization of three or more employees. OSHA posters and publications can be downloaded at www.OSHA.gov. Reporting forms 300, 301 and 300A are also available from this site, and can be downloaded in PDF format (which includes instructions), or in Excel format, which does not include instructions and requires Excel or an Excel viewer.
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