Under the Occupational Safety and Health Act, most employers are required to maintain OSHA 300/300A logs throughout the year as well as post Form 300A in a common area at each workplace. Employers who (see below) are required to maintain Form 300, the Injury and Illness log, quarterly and must post Form 300A, the Summary of Work-Related Injuries and Illnesses, in a workplace common area annually from February 1 to April 30.
On January 9, 2023, OSHA announced that employers must submit required 2022 injury and illness data for 2022 by March 2, 2023, if they have:
- 250 or more employees and are currently required to keep OSHA injury and illness records.
- 20‐249 employees classified in specific industries (see list below) with historically high rates of occupational injuries and illnesses.
The specific industries are: Agriculture, Forestry, Fishing, Hunting, Utilities, Construction, Manufacturing, Wholesale trade, Automotive parts, accessories, and tire stores, Furniture stores, Home furnishings stores, Building material and supplies dealers, Lawn and garden equipment and supplies stores, Grocery stores, Specialty food stores, Department stores, Other general merchandise stores, Used merchandise stores, Vending machine operators, Direct selling establishments, Scheduled air transportation, General freight trucking, Specialized freight trucking, Urban transit systems, Interurban and rural bus transportation, Taxi and limousine service, School and employee bus transportation, Charter bus industry, Other transit and ground passenger transportation, Scenic and sightseeing transportation, land, Support activities for air transportation, Support activities for rail transportation, Support activities for water transportation, Support activities for road transportation, Other support activities for transportation, Postal service, Couriers and express delivery services, Local messengers and local delivery, Warehousing and storage, Cable and other subscription programming, Lessors of real estate, Automotive equipment rental and leasing, Consumer goods rental, General rental centers, Services to buildings and dwellings, Waste collection, Waste treatment and disposal, Remediation and other waste management services, Other ambulatory health care services, General medical and surgical hospitals, Psychiatric and substance abuse hospitals, Specialty (except psychiatric and substance abuse) hospitals, Nursing care facilities, Residential mental retardation, mental health and substance abuse facilities, Community care facilities for the elderly, Other residential care facilities, Community food and housing, and emergency and other relief services, Vocational rehabilitation services, Performing arts companies, Spectator sports, Museums, historical sites, and similar institutions, Amusement parks and arcades, Gambling industries, Traveler accommodation, RV (recreational vehicle) parks and recreational camps, Rooming and boarding houses, Special food services, Commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance, Dry-cleaning and laundry services.
Unionized employers and those facing unionization campaigns should take note as Local Union Safety Departments have already started serving employers with demands for copies of OSHA 300/300A forms under the guise of providing their members factual, classification specific, Safety Training, pursuant to the relevant collective bargaining agreement.
PLEASE BE ADVISED that failure to maintain OSHA 300/300A records can result in penalties of up to $15,625.00 for each year of the violation (as of January 15, 2023).
Employers are encouraged to review their safety practices and reporting policies to ensure compliance with OSHA’s regulations for their respective industries and in order to avoid the costly penalties that accompany these types of OSHA citations. Employers unsure of their obligations under the OSH Act of 1970 are encouraged to consult with Forchelli Deegan Terrana, LLP’s experienced Employment & Labor Practice department.