CHANGES TO OSHA’S RECORDKEEPING REQUIREMENTS

January 2002

Beginning in 2002, the Occupation Safety & Health Administration (OSHA) changed its recordkeeping rules and instituted new forms regarding work related injuries.  The old forms have been discontinued and a new OSHA 300 log form.  The new forms are:  (1) Form 300 (Log of Work Related Injuries and Illnesses) has been simplified and can be printed on smaller legal size paper.  (2) OSHA Form 301 (Injury and Illness Incident Report) includes more specific data about how injuries or illnesses have occurred.  (3) Form 300A (Summary of Work Related Injuries and Illnesses) provides additional data to make it easier for all employers to calculate incident rates.  These new forms provide employers flexibility to keep all information on computers at a central location as long as the information is compatible and the data can be produced when needed.

The new rules also improve employee involvement and calls for greater employee privacy   The following is a brief summary of some of the key provisions of the new regulations:

• Records provide a single set of recording criteria for both work related injuries and work related illnesses.  Former rule required employees to record all illnesses, regardless of their severity.

• The new regulations require a significant degree of aggravation before a pre-existing injury or illness is considered work related.

• The new requirement clarifies the recording of “light duty” or restricted work cases.  Employers are now required to record cases when the injured or ill employee is restricted from “routine job functions.”

• Employers are now required to record all needlestick and sharps injuries involving contamination by another person’s blood or other potentially infectious materials.

• The term “loss work days” is eliminated.  Lost time is recorded by days away from work or days restricted or days transferred to another job.  Further, the new requirement requires employers to count calendar days rather than work days.

• Employers are required to establish a procedure for employers to report injuries and illnesses and tell their employees how to report it.

• Employees and former employees will now be guaranteed access to their individual OSHA 301 forms.

• The new regulations also protects employees from privacy by prohibiting employers from entering an individual’s name on Form 300 for certain types of injuries or illnesses (e.g. sexual assaults, HIV infections, mental illnesses).

Attached for your review is a fact sheet comparing the old regulations with the new regulations  listing the various changes.  For further information or questions regarding compliance, please contact Wegman, Hessler & Vanderburg or consult the Occupational Safety & Health Administration website (www.osha.gov).