Updates to OSHA’s Recordkeeping Rule: Who is Required to Keep Records and Who is Exempt

From OSHA.gov:

Under OSHA’s recordkeeping regulation, certain covered employers are required to prepare and maintain records of serious occupational injuries and illnesses using the OSHA 300 Log. This information is important for employers, workers and OSHA in evaluating the safety of a workplace, understanding industry hazards, and implementing worker protections to reduce or eliminate hazards.
The revised rule updates the list of industries that are exempt from the requirement to routinely keep OSHA injury and illness records due to relatively low occupational injury and illness rates.

Who is exempt under the new rule?
There are two classes of employers that are partially exempt from routinely keeping injury and illness records. First, employers with ten or fewer employees at all times during the previous calendar year are exempt from routinely keeping OSHA injury and illness records. OSHA’s revised recordkeeping regulation maintains this exemption.

Second, establishments in certain low-hazard industries are also partially exempt from routinely keeping OSHA injury and illness records. Starting on January 1, 2015, there will be a new list of industries that will be partially exempt from keeping these OSHA records. Establishments located in states under Federal OSHA jurisdiction must begin to comply with the new requirements on January 1, 2015. Establishments located in states that operate their own safety and health programs should check with their state plan for the implementation date of the new requirements.

Since 1982, this list has included establishments in the divisions of retail trade; finance, insurance and real estate; and the service industry if the three-year average lost workday case rate for their major industry group was 75 percent below the overall three-year average of the lost workday case rate for private industry. OSHA’s revised recordkeeping regulation provides an updated list of low-hazard industries that are exempt from routinely keeping OSHA injury and illness records. The new list of exempt industries is now classified by the North American Industry Classification System (NAICS), which is the standard used by federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing and publishing statistical data related to the U.S. business economy. Also, the injury and illness rate threshold is based on more recent Bureau of Labor Statistics (BLS) data.

Am I required to prepare and maintain records under the new rule?
To find out if you are required to prepare and maintain records under the updated rule, first determine your NAICS code by:

  1. Using the search feature at the U.S. Census Bureau NAICS main webpage: www.census.gov/eos/www/naics. In the search box for the most recent NAICS, enter a keyword that describes your business. Choose the primary business activity that most closely corresponds to you, or refine your search to get more choices.
  2. Viewing the most recent complete NAICS tables on the U.S. Census Bureau NAICS main webpage: www.census.gov/eos/www/naics. Select the two-digit sector code and choose a six-digit industry code to read its definition.
  3. Using an old Standard Industrial Classification (SIC) code to find your NAICS code using the detailed conversion tables on the U.S. Census Bureau Concordances page: www.census.gov/eos/www/naics/concordances/concordances.html.
  4. Contacting your nearest OSHA office or state agency for help.

Once you have found your NAICS code, you can use Table 1 below to determine if your industry is exempt from the recordkeeping rule.

NOTE: Establishments of companies with 10 or fewer employees at all times in the previous year continue to be exempt from keeping OSHA injury and illness records, regardless of their industry classification. The partial exemption for size is based on the number of employees in the entire company.

What forms do I need to complete?
The OSHA injury and illness recordkeeping forms are:
• the Log of Work-Related Injuries and Illnesses (OSHA Form 300),
• the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A), and
• the Injury and Illness Incident Report (OSHA Form 301).

Employers must fill out the Log and the Incident Report only if a recordable work-related injury or illness has occurred. Employers must fill out and post the Summary annually, even if no recordable work-related injuries or illnesses occurred during the year.

In place of the OSHA forms, employers may also use equivalent forms (forms that have the same information, are as readable and understandable, and are completed using the same instructions as the OSHA forms they replace). Many employers use an insurance form instead of the Incident Report, or supplement an insurance form by adding information required by OSHA.

Where can I find more information?
For more information about the updated industry codes, visit OSHA’s webpage on the updated recordkeeping rule at www.osha.gov/recordkeeping2014.

OSHA Table 1

OSHA Table 2

 

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