Reminder to Post Your OSHA 300A Summary
For employers who are required to maintain work-related injury and illness records, it’s that time of year again. Many, but not all, employers must complete the OSHA injury and illness recordkeeping forms on an ongoing basis. But minor injuries that are treated only by first aid don't need to be recorded.
Posting Requirements
The OSHA 300A Summary only - not the Log - must be posted by February 1st and remain posted through April 30th. Even if there are no recordable injuries or illnesses in 2022, employers must still post the Summary with zeros in each column. Prior to posting, a company executive must review and certify (sign) the Summary indicating that the information is true and accurate. The Summary must be posted in a conspicuous place or places where notices to employees are customarily posted.
Exemptions
Two types of employers are partially exempt from this recordkeeping requirement:
Small Employer Exemption - Employers with 10 or fewer employees throughout the previous calendar year do not need to complete these forms.
Low-Hazard Industry Exemption - Establishments in very specific low-hazard industries are exempt from these record logs as well. A complete list of exempt industries can be found on the OSHA web page at https://www.osha.gov/recordkeeping. However, the Bureau of Labor Statistics may still select exempted employers to participate in an annual statistical survey (employers would receive a notification in the mail).
Electronic Data Submissions
Additionally, for those employers covered by OSHA’s Improve Tracking of Workplace Injuries and Illnesses regulation, the electronic submission of the 2022 300A Annual Summary must to be filed no later than March 2nd, using the Injury Tracking Application on OSHA’s website. Electronic submissions of OSHA 300A Annual Summary are required by establishments with 250 or more employees currently required to keep OSHA injury and illness records, and establishments with 20-249 employees classified in specific industries with historically high rates of occupational injuries and illnesses.
COVID-19 Recordkeeping Requirements
OSHA requires employers to record all COVID-19 cases when a case is work-related, and the case meets recording criteria in 29 CFR 1904.7. Under OSHA’s recordkeeping requirements, coronavirus is a potentially recordable illness, and employers must report a case via the OSHA 300 Log for positive COVID-19 cases that meet the following criteria:
1. The case is a confirmed case of COVID-19, meaning that the individual had at least one sample test positive for SARS-CoV-2, the virus that causes COVID-19;
2. The case is work-related, meaning that an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness; and
3. The case results in death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, or in-patient hospitalization.
This means that COVID-19 differs from the flu: there is no obligation to record flu cases, even if it spreads through the workplace. In other words, employers won’t record every COVID-19 case that appears in the workplace. But each case must be investigated for work-relatedness and then record it on the OSHA 300 Log when evidence of work-relatedness appears. OSHA will judge employers based on the reasonableness of their investigation and the evidence available to them. And because most confirmed COVID-19 cases will result in days away from work, the vast majority of work-related cases should be on the OSHA 300 Log.
OSHA can cite an employer who fails to post the OSHA 300A Summary as required.
If you are unsure of how to move forward, ACS can help. Contact us for assistance.