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ASK THE EXPERTS:

Question: Outside of our Workers’ Compensation carrier, does our business need to track and report on workplace injuries?

Our View:  OSHA (the federal Occupational Safety and Health Administration) does require businesses to keep records of work-related illnesses and injuries, unless the business employs 10 or fewer workers and/or the business is in a low-hazard industry.  Detailed information  about the posting requirements and businesses excluded can be found on the OSHA website at www.osha.gov. Your state may also have additional safety requirements.  For more information for your particular location, you can check the state laws on our resource portal or give us a call.

You must report significant injuries or illnesses diagnosed by a physician or other licensed health care professional and any other work-related illnesses or injuries if they result in any of the following:  death; days away from work; work restrictions or transfer to another job; medical treatment beyond first aid; or loss of consciousness.

If you have any questions about whether an illness or injury is work-related, contact your broker or attorney.

OSHA has three forms for illness/injury records:

  1. OSHA Form 300, “Log of Work-Related Injuries and Illnesses” (annual record of all injuries/illnesses);
  2. OSHA Form 300A, “Summary of Work-Related Injuries and Illnesses”.  This report is an annual summary and you must post a copy of this summary in a conspicuous place where notices to employees are customarily posted no later than February 1st of the year following the year covered by the records and keep it posted until April 30th; and
  3. OSHA Form 301, “Injury and Illness Incident Report” (individual incident report of an employee’s injury or illness on the job).

These forms should be updated within seven calendar days of learning of a recordable incident and retained for five years after the end of the year in which the incident occurred.

Do not post the Form 300 or the Form 301, as these records have information relating to each specific injured/ill employee and you want to protect the employee’s personal health information.  The only form that must be posted for public inspection is Form 300A, which summaries the incidents for the year.

 
 


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