• 02/14/2019 – Region 1 OSHA News Release – U.S. Department of Labor and Dimeo Construction Partner to Promote Workplace Safety During North Kingstown Construction Project
  • 02/13/2019 – OSHA Trade Release – U.S. Department of Labor Provides Interim Compliance Guidance for Evaluation of Crane Operators
  • 02/13/2019 – Region 4 OSHA News Release – U.S. Department of Labor Issues $265,196 in Penalties to Florida Roofing Contractor for Repeatedly Exposing Employees to Fall Hazards
  • 02/13/2019 – Region 5 OSHA News Release – U.S. Department of Labor Cites Ohio Musical Instrument Manufacturer For Exposing Employees to Copper Dust and Machine Hazards
  • 02/13/2019 – Region 7 OSHA News Release – U.S. Department of Labor Seeks to Prevent Amputation Injuries to Nebraska Employees and Remind Employers of Reporting Requirement
  • 02/12/2019 – OSHA Trade Release – U.S. Department of Labor Urges Employers to Prevent Worker Exposure to Carbon Monoxide from Portable Generators and Other Equipment
  • 02/06/2019 – Region 1 OSHA News Release – U.S. Department of Labor Orders Vermont Company to Compensate Employee Fired for Reporting Finance Industry Violations
  • 02/06/2019 – Region 9 OSHA News Release – U.S. Department of Labor Cites Guam Building Materials Distributor For Struck-By Hazards
  • 02/04/2019 – OSHA Trade Release – U.S. Department of Labor Forms Alliance with Agribusiness Organizations to Protect Workers in Agricultural Industry
  • 02/04/2019 – Region 4 OSHA News Release – U.S. Department of Labor Partners with Contractor to Promote Workplace Safety during Construction of Tire Plant in Mississippi
  • 02/04/2019 – Region 6 OSHA News Release – U.S. Department of Labor Cites Texas Indoor Gun Range For Exposing Employees to Unsafe Lead Levels

 

  • 01/28/2019 – Region 1 OSHA News Release – U.S. Department of Labor and Connecticut Manufacturer Settle Whistleblower Allegations Regarding Termination of Two Workers
  • 01/28/2019 – Region 4 OSHA News Release – U.S. Department of Labor’s Occupational Safety and Health Administration Returns to Normal Enforcement Operations Following Hurricane Michael
  • 01/24/2019 – OSHA Trade Release – U.S. Department of Labor Issues Final Rule to Protect Privacy of Workers
  • 01/23/2019 – OSHA National News Release – U.S. Department of Labor Publishes New Frequently Asked Questions on Controlling Silica in General Industry
  • 01/23/2019 – Region 4 OSHA News Release – U.S. Department of Labor Joins Partnership to Promote Workplace Safety During Construction Project at Hartsfield-Jackson International Airport
  • 01/23/2019 – Region 4 OSHA News Release – U.S. Department of Labor Cites Florida Cafeteria for Burn and Chemical Hazards; Faces $134,880 in Penalties
  • 01/23/2019 – Region 4 OSHA News Release – U.S. Department of Labor Cites Florida Roofing Contractor For Exposing Employees to Dangerous Falls
  • 01/18/2019 – Region 7 OSHA News Release – U.S. Department of Labor Cites Nebraska Beef Processing Plant After Employee Severely Burned by Ammonia

 

  • 01/11/2019 – OSHA Trade Release – U.S. Department of Labor Provides Compliance Assistance Resources to Protect Workers from Falls
  • 01/11/2019 – Region 6 OSHA News Release – U.S. Department of Labor Cites Dallas Utilities Contractor After Worker Suffers Fatal Gas Exposure
  • 01/10/2019 – Region 5 OSHA News Release – U.S. Department of Labor Cites Utility Contractors Following Fatal Explosion in Wisconsin
  • 01/10/2019 – Region 9 OSHA News Release – U.S. Department of Labor Cites U.S. Postal Service After Heat-Related Worker Fatality in Southern California
  • 01/09/2019 – Region 7 OSHA News Release – U.S. Department of Labor Cites Solar Contractor After Employee Fatality at Kansas Jobsite
  • 01/08/2019 – Region 3 OSHA News Release – U.S. Department of Labor Cites Pennsylvania Excavation Company For Exposing Employees to Trenching Hazards
  • 01/08/2019 – Region 3 OSHA News Release – U.S. Department of Labor and Turner Construction Partner To Promote Workplace Safety During Hospital Project in Erie, Pennsylvania
  • 01/08/2019 – Region 7 OSHA News Release – U.S. Department of Labor Urges Employers and Employees To Remain Vigilant About Possible Winter Hazards
  • 01/08/2019 – Region 7 OSHA News Release – U.S. Department of Labor Cites Roofing Contractor After Employee’s Fatal Fall at Missouri Jobsite
  • 01/07/2019 – Region 2 OSHA News Release – U.S. Department of Labor Cites Contractor Following Crane Collapse At New York City Construction Worksite
  • 01/03/2019 – Region 5 OSHA News Release – U.S. Department of Labor Cites Ohio UPS Facility for Blocking Exits
  • 01/03/2019 – Region 8 OSHA News Release – U.S. Department of Labor and Montana Contractors Association Sign Alliance to Foster Safer Workplaces

 

This article was written by Lindsay A. DiSalvo, Dan C. Deacon, and Eric J. Conn, and originally posted on Conn Maciel Carey’s OSHA Defense Report.

This is your yearly reminder about the important February 1st deadline to prepare, certify and post your OSHA 300A Annual Summary of workplace injuries and illnesses, for all U.S. employers, except those with ten or fewer employees or those whose NAICS code is in the set of low-hazard industries exempt from OSHA’s injury and illness recordkeeping requirements, such as dental offices, advertising services, and car dealers (see the exempted industries at Appendix A to Subpart B of Part 1904).

This February 1st requirement to prepare, certify and post 300A forms should not be confused with OSHA’s new-ish Electronic Recordkeeping Rule.  The February 1st deadline is only about the internal hard copy posting of 300A data for your employees’ eyes.  The E-Recordkeeping Rule, on the other hand, requires certain employers to electronically submit data from their 300A Annual Summary forms to OSHA through OSHA’s web portal – the Injury Tracking Application. The deadline for those submissions this year (i.e., to submit 300A data from 2018) is March 2, 2019.

By February 1st every year, however, employers must:

  • Review their OSHA 300 Log(s);
  • Verify the entries on the 300 Log are complete and accurate;
  • Correct any deficiencies identified on the 300 Log;
  • Use the injury data from the 300 Log to calculate an annual summary of injuries and illnesses and complete the 300A Annual Summary Form; and
  • Certify the accuracy of the 300 Log and the 300A Summary Form.

The Form 300A is a summation of the workplace injuries and illnesses recorded on the OSHA 300 Log during the previous calendar year, as well as the total hours worked that year by all employees covered by the particular OSHA 300 Log.

Five Common 300A Mistakes that Employers Make

We frequently see employers make the following four mistakes related to this annual duty to prepare, post and certify the injury and illness recordkeeping summary:

  1. Not having a management representative with high enough status within the company “certify” the 300A;
  2. Not posting a 300A for years in which there were no recordable injuries;
  3. Not maintaining a copy of the certified version of the 300A form;
  4. Not updating prior years’ 300 Logs based on newly discovered information about previously unrecorded injuries or changes to injuries that were previously recorded; and
  5. Confusing or conflating the requirement to Post a 300A in the workplace with the requirement to electronically submit 300A data to OSHA’s web portal.

1.  Certifying the 300 Log and 300A Annual Summary

The 300 Log and the 300A Annual Summary Form are required to be “certified” by a “company executive.”  Specifically what the company executives are certifying is that they:

  1. Personally examined the 300A Annual Summary Form;
  2. Personally examined the OSHA 300 Log from which the 300A Annual Summary was developed; and
  3. Reasonably believe, based on their knowledge of their companies’ recordkeeping processes that the 300A Annual Summary Form is correct and complete.

A common mistake employers make is to have a management representative sign the 300A Form who is not at a senior enough level in the company to constitute a “company executive.”  As set forth in 1904.32(b)(4), company executives include only the following individuals:

  • An owner of the company (only if the company is a sole proprietorship or partnership);
  • An officer of the corporation;
  • The highest-ranking company official working at the establishment; or
  • The immediate supervisor of the highest-ranking company official working at the establishment.

2.  Posting the 300A Annual Summary

After certifying the 300A, OSHA’s Recordkeeping regulations require employers to post the certified copy of the 300A Summary Form in the location at the workplace where employee notices are usually posted.  The 300A must remain posted there for three months, through April 30th.

Another common mistake employers make is to not prepare or post a 300A Form in those years during which there were no recordable injuries or illnesses at the establishment.  Even when there have been no recordable injuries, OSHA regulations still require employers to complete the 300A form, entering zeroes into each column total, and to post the 300A just the same.

3.  Maintaining a Copy of the 300A for Five Years

After the certified 300A Annual Summaries have been posted between February 1st and April 30th, employers may take down the 300A Form, but must maintain for five years following the end of the prior calendar year at the facility covered by the form or at a central location, a copy of:

  • The underlying OSHA 300 Log;
  • The certified 300A Annual Summary Form; and
  • Any corresponding 301 Incident Report forms.

In this technology era, many employers have transitioned to using electronic systems to prepare and store injury and illness recordkeeping forms. As a result, another common mistake employers make is to keep only the electronic version of the 300A, and not the version that was printed, “certified,” typically by a handwritten signature, and posted at the facility. Accordingly, those employers have no effective way to demonstrate to OSHA during an inspection or enforcement action that the 300A had been certified.

4.  Updates to OSHA Injury and Illness Recordkeeping Forms

Another common mistake employers make is to put away old 300 Logs and never look back, even if new information comes to light about injuries recorded on those logs.  However, OSHA’s Recordkeeping regulations require employers during the five year retention period to update OSHA 300 Logs with newly discovered recordable injuries or illnesses, or to correct previously recorded injuries and illnesses to reflect changes that have occurred in the classification or other details.  This requirement applies only to the 300 Logs; i.e., technically there is no duty to update 300A Forms or OSHA 301 Incident Reports.

5.  Not to be Confused with Electronic Recordkeeping

As mentioned above, the February 1st deadline is separate and apart from the electronic data submission requirement of OSHA’s E-Recordkeeping Rule.  The deadline in 2019 for employers to electronically share data from their 2018 300A forms with OSHA is currently set for March 2, 2019, naturally trailing the deadline to prepare the summary data from which the E-Recordkeeping submission derives.

Note, there are still a few State OSH Programs that have not adopted the E-Recordkeeping Rule, despite OSHA’s directive in the final rule for state plans to adopt substantially identical requirements within six months after its publications, and an April 30, 2018 press release announcing that all employers in State Plan States should implement the Rule. To date, Maryland, Wyoming, and Washington have still not adopted an E-Recordkeeping Rule, and covered establishments in those states are technically not required to submit data by the March 2nd deadline.

The future of the Rule in general, not just those delinquent states, is uncertain.  After years of industry backlash and multiple legal challenges, OSHA issued a Notice of Proposed Rulemaking on July 30, 2018 to revise the E-Recordkeeping Rule.  Rather than settling the status of the E-Recordkeeping Rule, this proposal will likely just mire the rule in further controversy.  Here specifically is what the proposal entails:

  • Amend 29 C.F.R. § 1904.41 by removing the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301; and
  • Require employers to submit their Employer Identification Number (EIN) along with the data.

83 Fed. Reg. 36494 (July 30, 2018).

The Proposed Rule includes only one significant change to the current regulation – eliminating the requirement for the largest employers (those with establishments with 250+ employees), to annually submit to OSHA the data from their 300 logs and 301 detailed incident reports.  However, the proposal leaves intact the concerning requirements for these large employers and many smaller employers to annually submit 300A annual summary data, and does not touch the troubling anti-retaliation provisions (e.g., limits to post-injury drug testing and safety incentive programs).  There are also pending cases in federal courts challenging the data submission and anti-retaliation requirements.

All of that is to say, the future of E-Recordkeeping is not entirely clear… unlike the well-established duty to post those 300A forms in a couple of weeks!

  • 11/29/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Florida Property Maintenance Company After Employee Suffers Burn Injuries
  • 11/28/2018 – Region 4 OSHA News Release – U.S. Department of Labor Announces Initiative to Increase Awareness Of Trenching and Excavation Hazards and Solutions
  • 11/27/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Two Florida Roofing Contractors For Exposing Employees to Fall Hazards
  • 11/27/2018 – Region 9 OSHA News Release – U.S. Department of Labor Issues Notices of Safety Violations Following Fatality at Army Reserve Facility in California
  • 11/26/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Florida Roofing Contractor For Repeatedly Exposing Employees to Fall Hazards
  • 11/23/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Alabama Food Processor For Amputation and Other Hazards
  • 11/20/2018 – OSHA National News Release – U.S. Department of Labor Announces Assistance for California Wildfires Recovery
  • 11/20/2018 – OSHA National News Release – U.S. Department of Labor Focuses on Worker Safety and Pay During Holiday Shopping Season
  • 11/19/2018 – Region 2 OSHA News Release – U.S. Department of Labor Cites New Jersey Manufacturer
  • 11/19/2018 – Region 4 OSHA News Release – U.S. Department of Labor Continues to Provide Support in Areas Hardest Hit by Hurricane Michael
  • 11/16/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Florida Window and Door Manufacturer After Employee Suffers Partial Finger Amputation
  • 11/16/2018 – Region 7 OSHA News Release – U.S. Department of Labor Cites Nebraska Staffing Agency Following Heat-Related Fatality

 

  • 11/13/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Alabama Manufacturer for Exposing Employees to Amputation, Fall, and Other Hazards at Four Facilities
  • 11/08/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Contractor after Employee Fatally Injured in Explosion at Alabama Worksite
  • 11/08/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Two Florida Contractors After Employee Suffers Injuries
  • 11/08/2018 – Region 4 OSHA News Release – U.S. Department of Labor and Associated General Contractors of Georgia Invite Employers to Join Winter Weather Safety Stand-Down
  • 11/08/2018 – Region 9 OSHA News Release – U.S. Department of Labor Cites U.S. Postal Service After Heat Exposure Hospitalizes Las Vegas Mail Carrier
  • 11/07/2018 – OSHA Trade Release – U.S. Department of Labor Issues Final Rule on Crane Operator Certification Requirements
  • 11/06/2018 – Region 1 OSHA News Release – U.S. Department of Labor Cites Massachusetts Contractor For Exposing Workers to Fall Hazards
  • 11/06/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Employers at Georgia Distribution Center
  • 11/05/2018 – OSHA Trade Release – U.S. Department of Labor Provides Interim Compliance Guidance for Crane Operators
  • 11/05/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Florida Roofing Contractor For Exposing Employees to Fall Hazards

 

  • 10/31/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Alabama Tank Cleaning Company For Confined Space, Fire, and Explosion Hazards
  • 10/31/2018 – Region 6 OSHA News Release – U.S. Department of Labor Cites Texas Underground Tank Contractor for Excavation Hazards
  • 10/30/2018 – OSHA Trade Release – U.S. Department of Labor Renews Partnership with Electrical Contractors and Associations to Protect Worker Safety and Health
  • 10/30/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Florida Framing Company For Exposing Employees to Falls
  • 10/30/2018 – Region 6 OSHA News Release – U.S. Department of Labor Cites Texas Metal Recycling Company After Employee Suffers Injury
  • 10/30/2018 – Region 7 OSHA News Release – Missouri Plumbing Contractor Admits to Violating Trench Safety Requirements
  • 10/25/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Alabama Company for Protective Equipment Violations
  • 10/25/2018 – Region 6 OSHA News Release – U.S. Department of Labor Signs Alliance with Texas Contractors Association To Protect Safety and Health of Construction Workers
  • 10/23/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites South Florida Farm For Exposing Employees to Lightning Strikes
  • 10/19/2018 – OSHA Trade Release – OSHA and Society of Maintenance and Reliability Professionals Form Alliance to Protect Employee Safety and Health
  • 10/19/2018 – Region 1 OSHA News Release – U.S. Department of Labor Orders Massachusetts Railway to Pay $85,000 to Employee Subjected to Retaliation after Reporting Injury
  • 10/19/2018 – Region 4 OSHA News Release – U.S Department of Labor Cites Roofing Contractor After Accident at Florida Worksite
  • 10/19/2018 – Region 8 OSHA News Release – U.S. Department of Labor and Colorado Contractors Host Trench Safety Summit
  • 10/17/2018 – OSHA Trade Release – OSHA Launches Program to Target High Injury and Illness Rates
  • 10/12/2018 – Region 3 OSHA News Release – U.S. Department of Labor Cites Pennsylvania Contractor After Employee’s Electrocution
  • 10/11/2018 – Region 6 OSHA News Release – U.S. Department of Labor and Jordan Foster Construction Partner To Enhance Workplace Safety and Health at El Paso Construction Project
  • 10/10/2018 – OSHA National News Release – U.S. Department of Labor Announces Actions to Assist Americans Impacted by Hurricane Michael
  • 10/05/2018 – Region 3 OSHA News Release – U.S. Department of Labor Cites New Jersey Pet Food Manufacturer for Failure to Correct Prior Workplace Safety, Health Hazards
  • 10/05/2018 – Region 5 OSHA News Release – U.S. Department of Labor and Ohio Craft Brewers Establish Alliance to Promote Workplace Safety in Ohio Breweries
  • 10/05/2018 – Region 5 OSHA News Release – Wisconsin Manufacturer Settles Whistleblower Allegations
  • 10/04/2018 – Region 6 OSHA News Release – U.S. Department of Labor Cites U.S. Postal Service For Repeat Safety Violations at Austin Facility
  • 10/03/2018 – Region 3 OSHA News Release – U.S. Department of Labor Cites New Jersey Lumber Company For Exposing Employees to Health Hazards
  • 10/02/2018 – OSHA Trade Release – U.S. Department of Labor Updates National Emphasis Program on Trenching and Excavation Safety
  • 10/02/2018 – Region 5 OSHA News Release – U.S. Department of Labor Cites Ohio Art Supply Manufacturer For Exposing Employees to Amputation Hazards
  • 10/02/2018 – Region 5 OSHA News Release – U.S. Department of Labor Cites Wisconsin Refinery for Failing to Control Hazardous Chemicals
  • 10/01/2018 – OSHA National News Release – U.S. Labor Department Awards Workplace Safety and Health Training Grants to Assist in Educating Workers, Job Creators
  • 10/01/2018 – Region 4 OSHA News Release – U.S. Department of Labor Joins Partnership to Promote Workplace Safety During Construction of Georgia STEM School
  • 10/01/2018 – Region 5 OSHA News Release – U.S. Department of Labor Cites Ohio Manufacturer For Safety Violations After Employee Injury
  • 10/01/2018 – Region 5 OSHA News Release – U.S. Department of Labor Cites Ohio Plastics Manufacturer For Exposing Workers to Machine Hazards

 

  • 09/27/2018 – OSHA National News Release – U.S. Department of Labor Provides Compliance Assistance Resources to Keep Workers Safe from Trenching-Related Hazards
  • 09/27/2018 – Region 5 OSHA News Release – U.S. Department of Labor Cites Green Bay Meat Packer After Employee Injury
  • 09/27/2018 – Region 6 OSHA News Release – U.S. Department of Labor Cites Railcar Maintenance Company for Repeatedly Exposing Employees to Fire and Explosion Hazards
  • 09/25/2018 – OSHA News Release – Joint Regional – U.S. Department of Labor Launches Regional Emphasis Program Focused on Reducing Employee Exposure to Ammonium
  • 09/25/2018 – Region 8 OSHA News Release – U.S. Department of Labor Cites Metal Forging Company, Proposes $225,046 in Penalties
  • 09/20/2018 – Region 5 OSHA News Release – U.S. Department of Labor Cites Ohio Country Club for Safety Hazards
  • 09/19/2018 – Region 1 OSHA News Release – U.S. Department of Labor Cites Connecticut Employer For Exposing Employees to Fall Hazards at Construction Jobsite
  • 09/19/2018 – Region 4 OSHA News Release – U.S. Department of Labor Urges Workers and the Public to be Vigilant And Mindful of Hazards Following Hurricane Florence
  • 09/18/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Georgia Peanut Processing Facility, Places Company in OSHA’s Severe Violator Enforcement Program
  • 09/18/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Five Contractors for Safety Violations Following Florida Pedestrian Bridge Collapse
  • 09/17/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Two Companies After Fatal Fall At Communication Tower Worksite in Mississippi

 

  • 09/14/2018 – Region 5 OSHA News Release – U.S. Department of Labor Enters Partnership to Promote Safety During Illinois Courthouse Construction Project
  • 09/13/2018 – Region 5 OSHA News Release – U.S. Department of Labor Cites Ohio Wood Pallet Manufacturer After Employee Amputation
  • 09/13/2018 – Region 7 OSHA News Release – U.S. Department of Labor Cites Sawmill for Safety Violations
  • 09/10/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Alabama Woodworking Company For Exposing Employees to Fire and Explosion Hazards
  • 09/06/2018 – Region 4 OSHA News Release – U.S. Department of Labor Joins Partnership to Promote Workplace Safety During Construction Project in Georgia
  • 09/06/2018 – Region 4 OSHA News Release – U.S. Department of Labor Urges Workers and the Public to be Vigilant And Mindful of Hazards During Tropical Storm Gordon Cleanup
  • 09/05/2018 – OSHA Trade Release – U.S. Department of Labor to Hold Meeting to Solicit Public Input On Whistleblower Issues in the Finance Industry