OSHA Recordkeeping Service

One of the many Occupational Safety and Health Administration (OSHA) regulations call for the timely reporting and recording of job related injury and illness incidents. Specifically, 29 CFR 1904 requires certain businesses (based on SIC Code and number of employees) to record job related reportable injuries and illnesses on specific OSHA forms (OSHA 301, 300, and 300A). Non exempt employers with more than ten (10) employees at and for any period of time during the calendar year are required to maintain records of job related injuries and illnesses as required by OSHA and the U.S. Department of Labor.

The maintenance and collection of this data serves a two fold purpose. First it enables OSHA to direct its programs and measure its own effectiveness. In addition OSHA inspectors use this data during inspections to aid in directing their efforts to identify hazards that are hurting employees. Secondly, these records can be used by employers and employees alike to implement safety and health programs at individual workplaces to reduce job related injuries and or illnesses. Analysis of this date is a widely recognized method of discovering workplace safety and health problems and for tracking progress in solving those problems.   

In addition, it is important to note that many injury or illness cases will be OSHA recordable and compensable under workers' compensation law. However, some case will be compensable but not OSHA recordable, and in some cases will be OSHA recordable but not compensable under workers' compensation. This in and of itself can make compliance with respective agencies confusing and burdensome.

Consider also that unlike NYS workers' compensation law which requires employers to maintain records of all job related injuries and illnesses for a period of no less than eighteen (18) years, OSHA requires employers to maintain their specific records for a period of no less than five (5) years. 

Further, important changes to 29 CFR 1904 took place in 2002, 2003, and most recently 2004. Among the many changes made, OSHA revised recordkeeping forms, detailed newly exempt industries, and perhaps more importantly, identified newly covered industries under this federal regulation. Many of our clients have been or are now are covered and therefore required to maintain such records under 29 CFR 1094.

Note also that while not part of the above changes, businesses may periodically be required to complete surveys from OSHA or The Bureau of Labor Statistics (BLS) which call for submitting similar year end information as contained on OSHA Summary Reports.

Further, 29 CFR 1094 indicates that it is the employer's sole responsibility, regardless of recordkeeping exemption to notify OSHA immediately in the event of a job related fatality or if three (3) or more employees are hospitalized as a result of a job related incident.

While it is important to note that the above summary does not, nor is it intended to cover the entire scope of the aforementioned regulation, it is nevertheless an important reminder to our clients that this regulation does exist and is enforced by OSHA. Failure to comply may in fact result in significant penalties and citations being assessed against the employer.

As part of our newly expanded services we now offer our clients who are required or wish to keep track of such information, the opportunity to utilize our Single Report of Injury System to aid in the recordkeeping process. This system enables a client to report job related injuries or illnesses to our claims management team for the purposes of reporting and recording to the appropriate workers' compensation agencies, insurance carrier, and for OHSA recordkeeping purposes. As in any reported case, employers are required to keep our claims management team up to date on any reportable events, changes in the employee's status such as; return to work, lost time, medical treatment, and the like, in order to ensure records are accurate and costs are contained.

Our staff can assist clients in determining if your business would benefit from this valuable service in addition to providing a no cost proposal. Fees start as low as $495 per year!

We invite you to contact our offices at 800-652-2015. If you prefer you may email your questions or to inquire about this service by clicking here. A representative will be happy to assist you! 

Finally, and in all cases, we strongly encourage our clients and members to be vigilant in compliance with federal, state, and local safety and health regulations. Safety pays!