Month: October 2024

Electronic Reporting Link:
https://www.osha.gov/injuryreporting/index.html

EMPLOYERS WITH 20 OR MORE EMPLOYEES in certain industries employers must also annually file the OSHA 300a through OSHA.gov….

Employers with 20 or more employees per establishment (see definitions below for establishment) and are in OSHA’s list of high-risk industries are required to electronically file their OSHA 300a forms annually.  The high-risk industry list includes construction, manufacturing, utilities, department stores, general merchandise stores, general freight trucking, warehouse and storage, waste management services, and other high-risk industries.  A complete list of OSHA’s high-risk industries can be found at this link: HIGH-RISK INDUSTRIES

WHO DOES NOT NEED TO FILE ELECTRONICALLY?

Establishments that meet any of the following criteria DO NOT have to send their information to us. Remember, these criteria apply at the establishment level, not to the firm as a whole.

• The establishment’s peak employment during the previous calendar year was 19 or fewer, regardless of the establishment’s industry.
• The establishment’s industry is on this list, regardless of the size of the establishment.
• The establishment had peak employment between 20 and 249 employees during the previous calendar year AND the establishment’s industry is NOT on this list.

Deadline: 2024 data must be submitted by March 2, 2025

1- When determining the number of employees what type of employees do I include?

All employees at your establishment need to be included, for example, all part-time, seasonal, clerical, principles, etc.

2- I have over 20 employees and I am in construction, do I need to electronically file with OSHA?

Yes, all construction NAICS codes are included in the high-risk industry list. View high-risk industry list (NAICS code 23 Construction includes all codes that start with 23). 

3- I have 20 or more employees but I am NOT in construction, do I need to electronically file with OSHA?

Manufacturing, utilities, department stores, general merchandise stores, general freight trucking, warehouse and storage, and waste management services are considered high-risk industries and are required to file electronically.  A complete list of OSHA’s high-risk industries can be found on this link: high-risk industry list 

4- How do I find my NAICS code?

Use NAICS Keyword Search and enter keywords that describe your operation. 

5- If I have less than 20 employees do any of the OSHA recordkeeping rules apply?

 Yes, all employers are required to report serious injuries by contacting OSHA within 8 hours of a work-related fatality and within 24 hours of work-related in-patient hospitalization, amputation, or loss of eye (see Severe Injury Reporting ).  You may also be required to keep OSHA logs if you have over 10 employees and you are not on the partially exempt list  Watch this OSHA 15 minute video to learn more about how to maintain your OSHA logs. 

6- If I file electronically do I need to keep OSHA logs?

Yes.  Watch this OSHA 15 minute video to learn more. 

7- What year data is being electronically filed by 3/2/2025?

You will be filing your 2024 data.
8- When will the 2024 data be due?
2024 data will be due no later than 3/2/2025.  Be sure to file early!

9- If an employee in my establishment is a contractor’s employee, must I record an injury or illness occurring to that employee?

If the contractor’s employee is under the day-to-day supervision of the contractor, the contractor is responsible for recording the injury or illness. If you supervise the contractor employee’s work on a day-to-day basis, you must record the injury or illness.

10- Must the personnel supply service, temporary help service, employee leasing service, or contractor also record the injuries or illnesses occurring to temporary, leased, or contract employees that I supervise on a day-to-day basis?

 No, you and the temporary help service, employee leasing service, personnel supply service, or contractor should coordinate your efforts to make sure that each injury and illness is recorded only once: either on your OSHA 300 Log (if you provide day-to-day supervision) or on the other employer’s OSHA 300 Log (if that company provides day-to-day supervision).

11- If I had no losses do I still need to electronically file?

Yes if you fall into the requirement you must still file “0” losses

Additional OSHA electronically filing questions. 

Still need assistance? 

Email: Claims@keevily.com or call 1-800-523-5516. 

Who falls under this regulation?
Employers with 11 or more employees at any time during the prior calendar year unless industry code is listed on the Partial Exempt List.

When?
Work related injury and illness should be logged on the OSHA 300 within 7 days of knowledge

Deadlines: Feb 1, 2025
You will be required to post only the 2024 Summary 300a form from Feb 1, 2025, through April 30, 2025, in an area visible to employees.

Forms Required:
Employers that are required to maintain Injury and Illness records will need three forms:

• 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 or Workers Comp First Report of Injury C2/eFroi).

Instructions:
Watch this 15 min video for a tutorial on completing the Recordkeeping Forms.

Things to Consider:
What type of Injuries or Illnesses are NOT recordable:

• Employee presented as a member of the general public
• Symptoms arise in a work environment that is solely due to non-work-related event or exposure, (regardless of where signs or symptoms surface). A case is work-related only if a work event or exposure is a discernable cause of the injury or illness or of a significant aggravation to a pre-existing condition.
• Voluntary participation in a wellness program, medical, fitness or recreational activity
• Eating, drinking or preparing food or drink for personal consumption
• Personal tasks outside assigned working hours
• Personal grooming, self-medication for non-work-related condition, or intentionally self-inflicted
• Common cold or flu
• Mental illness, unless employee voluntarily provides a medical opinion from a physician or licensed health care professional (PLHCP) having appropriate qualifications and experience that affirms work-relatedness
• Visits to a licensed physician solely for observation or counseling
• Diagnostic procedures including x-rays, MRIs, CT scans
• If the incident involves no lost time and the treatment received does not got beyond the following First Aid List
  • Using nonprescription medication at nonprescription strength
  • Tetanus immunizations
  • Cleaning, flushing, or soaking surface wounds
  • Wound coverings, butterfly bandages, Steri-Strips
  • Hot or cold therapy
  • Non-rigid means of support
  • Temporary immobilization device used to transport accident victims
  • Drilling of fingernail or toenail, draining fluid from blister
  • Eye patches
  • Removing foreign bodies from eye using irrigation or cotton swab
  • Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means
  • Finger guards
  • Massages
  • Drinking fluids for relief of heat stress

Special Consideration:

• Recording workplace exposures to COVID-19

OSHA recordkeeping requirements mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log (29 CFR Part 1904).

COVID-19 can be a recordable illness if a worker is infected as a result of performing their work-related duties. However, employers are only responsible for recording cases of COVID-19 if all of the following are true:

1. The case is a confirmed case of COVID-19 (see CDC information on persons under investigation and presumptive positive and laboratory-confirmed cases of COVID-19);
2. The case is work-related (as defined by 29 CFR 1904.5); and
3. The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7 (e.g., medical treatment beyond first aid, days away from work).

Employers should follow the OSHA enforcement guidance found in the Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19).

Visit OSHA’s Injury and Illness Recordkeeping and Reporting Requirements page for more information.

• Travel:

1. An injury or illness that occurs while an employee is on travel status is work-related if it occurred while the employee was engaged in work activities in the interest of the employer, otherwise it is not recordable.
2. Detour for personal reasons is not work-related

• Work from Home:

Injuries and illnesses that occur while an employee is working at home are work-related if they:

1. Occur while the employee is performing work for pay or compensation in the home, and
2. Are directly related to the performance of work rather than the general home environment

Day counts (days away or days restricted)                  

• Do not count day of injury/illness
• Count the number of calendar days the employee was unable to work (include weekend days, holidays, vacation days, etc.)
• Cap day count at 180 days away and/or days restricted
• May stop day count if employee leaves company for a reason unrelated to the injury or illness
• If a medical opinion exists, employer must follow that opinion
• Logs are to be completed within 7 days of the injury/illness

Incident Rate Calculation –          Total number of injuries & illnesses multiplied by 200,000 divided by the number of hours worked by all employees = total recordable case rate

Online Calculator

For more info please visit OSHA.gov or call your Keevily Team.