OSHA just announced updates to its reporting and recordkeeping requirements for injuries and illnesses, found at 29 CFR 1904. The updates include changes to who is required to comply with the recordkeeping rules, and expands the work-related injuries that must be reported.
The list of industries exempt from routine recordkeeping (think OSHA 300 log) has been updated, and is now based on the North American Industry Classification System (NAICS); the existing rule was based on Standard Industrial Classification (SIC) codes.
OSHA exempts “low-hazard” industries from routinely keeping injury and illness records. Generally, this list includes retail, service, publish and broadcasting, and other low-risk industries. The new list of “partially exempt industries” can be found at Non-Mandatory Appendix A to 29 CFR 1904 Subpart B. Employers in these industries are not required to keep records of injuries and illnesses, unless otherwise required by OSHA.
At the same time, OSHA has expanded the types of injuries that must be reported to OSHA. All employers (even those exempt from the record-keeping) must report:
- All work-related fatalities within 8 hours.
- All work-related inpatient hospitalizations, all amputations and all losses of an eye within 24 hours.
Previously, only fatalities and hospitalizations of 3 or more employees were required to be reported.
The reporting deadlines are based on when the employer learns of the injury. So, employers are required to report fatalities within 8 hours of finding out about it, and hospitalizations, amputations and losses of an eye within 24 hours of finding out about it.
To further clarify employer obligations, OSHA notes that: “Only fatalities occurring within 30 days of the work-related incident must be reported to OSHA. Further, for an inpatient hospitalization, amputation or loss of an eye, then incidents must be reported to OSHA only if they occur within 24 hours of the work-related incident.”
Reports can be made by
- Calling OSHA’s free and confidential number at 1-800-321-OSHA (6742).
- Calling the closest Area Office during normal business hours.
- Using OSHA’s new online form – which will be available soon.