What are OSHA’s record-keeping and reporting standards?
OSHA’s record-keeping requirements are explained in 29 CFR 1904 and 1910.20. The agency uses records of injuries and illnesses to determine the effectiveness of existing safety and health standards. These records include an injury report for every incident requiring medical treatment (except first aid). Furthermore, recordable injuries and illnesses must be entered on an OSHA No. 300 log within six workdays of being reported by the employee. A supplemental record of recordable cases must be maintained on either an OSHA No. 301 log or a substantially similar document.
A summary of all injuries and illnesses reported in a year must be posted no later than February 1 of the next year, and it must remain posted until April 30. All injury reports must be maintained for at least 5 years, plus the current year’s report. (Five years is the minimum retention time.) Other records, such as employee exposures to toxic materials or medical surveillance, must be kept for length of employment plus 30 years, as described in 29 CFR 1910.20.
Regulation 29 CFR 1904.1-8 is one of the first things an OSHA inspector checks when performing an audit. This regulation covers the investigation, reporting, and record keeping of accidents, injuries, illnesses, or near misses in the workplace. There are immediate time limits for reporting, depending on the severity of the injury or illness. The regulation should be posted on a facility bulletin board, along with Right-to-Know notices. It is an owner’s and/or manager’s responsibility to do so and an employee’s right to be able to review the regulations.
The injury and illness record-keeping regulation is divided into three major parts:
- investigation
- reporting
- record keeping
An accident or incident that results in an injury or illness must be investigated to determine the cause. This inquiry will emphasize the prevention of future accidents. All property damage accidents and fires must be reported so that an investigation can be conducted to determine the cause and propose preventive actions.
If employees become ill or injured or are involved in an accident or near miss because of a work-related incident, the incident should be reported to the owner or manager as soon as possible. OSHA must be notified if a death or hospitalization of three or more employees occurs. The OSHA regulation requires reporting of these types of incidents within eight hours of the occurrence. The regulation does not require reporting in all cases, but it is highly recommended that managers are informed of all health and safety concerns. A designated person(s) will then determine whether to report the accident or incident to the applicable regulatory agency.
Who must keep OSHA records?
Employers with ten or more employees (at any one time in a calendar year) in the following industries must keep OSHA records:
- agriculture
- forestry
- fishing
- oil and gas extraction
- construction
- manufacturing
- transportation
- public utilities
- wholesale trade
- building materials
- garden supplies
- general merchandise stores
- food stores
- hotels and other lodging places
- repair services
- amusement and recreation services
- health services
Employers with fewer than ten employees at any one time during a calendar year-and employers in retail trade, insurance, finance, real estate, or other service industries-may not have to keep OSHA records. It is important to review the current OSHA record-keeping regulations to determine whether the policy has been revised.
All employers must understand that accident reporting is absolutely necessary. There is no such thing as a minor incident when the health and safety of personnel are affected. This understanding is essential for compliance with 29 CFR 1904, and it allows owners and managers to determine what can be done to reduce the chance that a particular accident will happen again.
What are OSHA’s reporting requirements for accidents resulting in fatalities or the hospitalization of three or more employees?
For accidents resulting in fatalities or the hospitalization of three or more employees, a report must be made to the nearest OSHA area director’s office, U.S. Department of Labor, unless the state in which the accident occurred is administering an approved state plan under Section 189B of the Occupational Safety and Health Act. The report must contain the following three pieces of information:
- the circumstances of the accident(s)
- the number of fatalities
- the extent of any injuries
This report should be made within eight hours after the accident, fatality, and/or hospitalization occurs, regardless of how much time has elapsed between the accident and the hospitalization and/or death. If the employer does not learn of a reportable incident at the time it occurs, the employer must make the report within eight hours of the time the incident is reported to any agent or employee of the employer. In other words, regardless of who the incident is first reported to, you have eight hours from the time of that report to contact OSHA.
What are the four key elements of an OSHA safety and health program?
OSHA identifies the following key elements, referred to as the four-point workplace program (also called the VPP [Voluntary Protection Program]), of all successful accident prevention programs:
- The manager or management team leads the way, especially by setting policy, assigning and supporting responsibilities, setting an example, and involving employees.
- The work site is analyzed continually to identify all hazards and potential hazards.
- Methods for controlling or preventing existing or potential hazards are put in place and maintained.
- Managers, supervisors, and employees are trained to understand and deal with work-site hazards.
To prevent accidents and costly OSHA fines, you should develop a safety and health program. Although all workplaces may present different safety and health hazards, the components of an effective program are the same. OSHA offers guidance on important elements of such plans on their website.
Why are manager commitment and employee involvement important to the prevention of workplace injury and illness?
Simply stated, if an owner or manager is not interested in preventing employee injury and illness, no one else will be, including affected employees. You can demonstrate your commitment to safety and health by taking the following steps:
- Develop a written policy.
- Form joint employee-management safety and health committees; such committees are an effective way of communicating important information.
- Post a clearly stated company safety policy. (This does not replace the poster required by 29 CFR 1903.2, however.)
- Hold meetings with employees to determine objectives.
- Follow the procedures yourself.
- Make clear assignments of responsibilities and accountability for every aspect of your program; the more people involved, the better.
- Give all those involved the time, resources, and training to complete their assignments effectively.
- Review your plan annually to ensure that the goals were met and to establish new ones.
What are the employee training responsibilities?
All employees must know the materials and equipment they work with, any associated hazards, and how to control these hazards. Employees also need to know that they cannot undertake a job or operate equipment if they have not received proper instructions or if the task appears unsafe. Employees needing special attention in this area are those new on the job or those who are changing job assignments. Outside contractors for a specific task must also be made aware of site-specific hazards.
During training sessions, employees can demonstrate that they understand what has been taught by completing assigned tasks under the direct supervision of an experienced person, answering short questionnaires, or responding to verbal quizzes. Supervisors must also know about the hazards involved, provide reminders or refreshers, and take disciplinary action if safety and health procedures are not followed.
Why is it important to document your safety and health program?
All activities described in the four-point workplace safety and health program should be documented. A record of items such as policy statements, training (even on-the-job training), meetings, medical arrangements, and information distributed to employees should be kept. This will allow you to review and update your plan continually and will demonstrate a good faith effort toward the safety and health of your employees during OSHA inspections and insurance audits.
This article is excerpted from BOMI International’s Clean Air and OSHA Compliance Reference Guide. The guide can be purchased by calling 1-800-235-2664, or by visiting www.bomi.org.
