The Labor Department’s Occupational Safety and Health Administration is an ever-present force in our workplace with broad authority to regulate and enforce safety standards. With increased funding in recent years and an expanded enforcement role, employers statewide have noticed an uptick in OSHA investigations and activity.
Among other things, OSHA regulations require covered employers to report certain types of workplace injuries and to maintain specific records of occupational injuries and illnesses using the OSHA 300 log. On Jan. 1, expanded reporting and recordkeeping rules take effect and we at Fisher &Phillips expect OSHA to increase its effort to enforce these new rules.
Here’s what you need to know to keep your business in compliance:
One of the biggest changes involves new reporting requirements for fatalities and serious injuries. Specifically, any work-related fatality must still be reported to OSHA within eight hours of the employer learning of that fatality. That obligation continues for 30 days after any work-related injury incident that ultimately leads to death. Under the new rule, employers must also report to OSHA within 24 hours any injury to any individual employee that involves in-patient hospitalization, amputation (including partial amputation) or the loss of an eye. These reporting requirements apply to all employers, including those who are exempt from recordkeeping requirements due to size or classification. Reports can be made directly to your local OSHA area office, through the OSHA 24-hour hotline, 800-321-6742, or online at www.osha.gov.
Employers should know that injury reports typically trigger immediate investigations, which often involve site visits and inspections, witness interviews and detailed reviews of required documentation, including your OSHA 300 logs and relevant safety and training information.
Generally, employers with fewer than 10 employees are exempt from these recordkeeping requirements unless advised to the contrary in writing by OSHA. Similarly, certain classifications of employer have been exempt from these recordkeeping requirements because of the relatively low risk of injury in their industries.
However, as part of its new rule revisions, OSHA has updated that list. Employers that were previously exempt from these recordkeeping requirements should review OSHA’s revised list to confirm whether their status has changed. That information is online at www.osha.gov/recordkeeping2014/records.html and most area offices are generally helpful in helping employers understand their compliance obligations, including whether they are covered by the act.
Another significant change in the new rules is OSHA’s intent to post recordable injury data from OSHA 300 logs on the OSHA website. Site inspection and fine data are already publicly available. Because violation of reporting and recordkeeping rules can also result in significant fines and penalties, employers should review and update all required safety plans, injury logs and training records and contact their OSHA legal counsel for further guidance on these new requirements.
This article first appeared in the Las Vegas Business Press on Dec. 22. Whitney J. Selert is of counsel at Fisher &Phillips LLP, a law firm specializing in employment and labor law. Selert is with the national firm’s Las Vegas office. Reach him at wselert@laborlawyers.com.