OSHA Recordkeeping Rule

OSHA has issued a final rule to revise its Recording and Reporting Occupational Injuries and Illnesses regulation. OSHA’s current regulation at 29 CFR part 1904 requires employers with more than 10 employees in most industries to keep records of occupational injuries and illnesses at their establishments. To start, ensure you have and understand the necessary forms for your facility. OSHA Injury and Illness Recordkeeping forms include:

• Form 300 - the Injury and Illness Log
• Form 301- the Incident Report
• Form 300A - the Summary of Work-Related Injuries and Illnesses

The final rule will make four key changes to the existing recording and reporting requirements in part 1904: 

1. Establishments that are required to keep injury and illness records under part 1904, and that had 250 or more employees in the previous year, must electronically submit the required information from all three OSHA recordkeeping forms to OSHA or OSHA’s designee, on an annual basis.
2. Establishments that are required to keep injury and illness records under part 1904, had 20 to 249 employees in the previous year, and are in certain designated industries, must electronically submit the required information from the OSHA annual summary form (Form 300A) to OSHA or OSHA’s designee, every year. Designated industries include department stores, direct selling establishments, and commercial and industrial machinery and equipment repair and maintenance, among others.
3. Employers who receive notification from OSHA must electronically submit the requested information from their injury and illness records to OSHA or OSHA’s designee.
4. Employers must inform employees of their right to report injuries and illness and prohibit discrimination against employees who report injuries and illnesses. 

This information will be posted on a publicly available website, excluding any information that may make a person identifiable such as name, address, etc. OSHA believes this public availability of data will prevent injury and illness in the future, and will make it more difficult for employers to retaliate against employees who report an injury or illness.  On August 10, 2016, the provisions on informing employees of their right to report a work-related injury and prohibition on discrimination against employees for reporting a work-related injury will go into effect. The implementation of the reporting requirements will be phased in as such:

• July 1, 2017: All establishments covered under this rule must submit their 2016 form 300A by this date.
• July 1, 2018: Establishments with 250 or more employees must submit information from all 2017 forms by this date. Establishments with 20-249 employees in designated industries must submit their 2017 form 300A by this date.
• March 2, 2019 and every year thereafter: All information from all establishments covered under this law must be submitted by this date annually.

SGIA has developed an OSHA Recordkeeping Checklist to help member facilities comply with OSHA’s injury and illness recordkeeping rule. While additional and more detailed information may be necessary with individual cases, this checklist is designed to give you the basic foundation for recording, maintaining and reporting the correct information. Use SGIA's checklist to ensure that your records and documentation are up to date! Questions? Contact govtaffairs@sgia.org.