This is part 3 of 3 for a webinar entitled “MIOSHA: How to Report and Record Occupational Illnesses and Injuries.” Above is the webinar, below is the transcript.
301 Form: Injury and Illness Report
Most state-specific first reports of injuries are considered adequate substitutes for this form. I can't speak to all states, but I know that the IL, MI, and the CA state first report of injuries forms, which are required up by the insurance carriers, are in fact an adequate substitute for this form. So instead of filling out two forms, you can fill out one and it takes the place of both of them. On this particular form you'll see that it does ask a series of questions that you have to fill out that help to determine the root cause of the injury.
300 A: Summary of Work-Related Injuries and Illnesses
This is the report you are going to hang up starting February 1. If you don't have your logs filled out, get to it tonight so that on February 1 you can get this thing out in the workplace. You have to hang this from Feb 1 to April 30—three months out of the year. The purpose of you hanging this up is so that employees within the workplace have easy access to the information that you are required to give them. You are required to notify your employees and allow them access to the injuries that have occurred at the workplace where they are working. It’s important to remember that on the 300A, if you are filling out the form and in an administrative role or something of that nature, you need a company executive to actually sign the form. The reason is that if there's misinformation on the form, you as the administrative personal don't want to be held accountable for that. You don't want to have your human resources, secretary, or executive administrative either; you want the president, the CEO, the CFO, or somebody with some skin in the game to sign this form to say that we have accurately depicted the actual injury rate and incidences that we have had.
If you've got multiple locations, employers can keep their records on equivalent forms on a computer or at a central location provided they can get information in the system within 7 days after an injury or illness occurs and they can produce the data at the establishment when required. You can use those state-specific forms, but you do have to have them on your log within seven days.
If you had someone get injured in a sensitive part of their body, had a blood born pathogen or needle stick exposure and somebody contracted a blood born pathogen through that injury, or if you had a workplace violence case where somebody was seriously hurt and it was where it was recordable, you may have privacy issues. However, you don't have to put anybody's name on the actual OSHA form, even in the name column we talked about earlier.
On your OSHA 300 log, where the employee's name would usually go, you don't have to put any employee's name right there, and you also don't have to describe the incident, where it happened, or something that would give it away to others in the workplace. What you can do is simply number the cases and then have separate document that will say case number and the specific information on there. You are required to show these forms to your employees if they do request them. If a government entity or somebody else is requesting your OSHA logs and injury reports, that's when they would have access to the privacy restricted information. All of your employees do not necessarily need all that information that we are talking about here. If there's a privacy case, you have the opportunity to go ahead and make sure that you don't put anyone's information on there to where it's a privacy concern that they don't need necessary information. Also, some employees may voluntarily request that you don't put their name on there and if they do that you can go ahead and comply with that request and keep their name off there and simply number the actual entry instead of putting names on there.
Subpart D concerns other requirements, and the first part of sub-part D that we are going to talk about is multiple business establishments.
Multiple Business Establishments
If you have multiple business establishments, you do need to have a separate log for each establishment. By multiple sub-business establishments, it's a different business and different entity. If it is one business with multiple locations, you are not required to have multiple logs kept. If you have a short term establishments, you can keep one log that includes all of the injuries that the short term establishment or keep the logs by state or by district, it's up to you. Sometimes construction contractors or mobile crews will keep the logs by state or by district or by crew or something like that. It's important that you keep them.
Multiple Lines of Business
If you have multiple lines of business and either:
· Some are exempt and some are covered
· Some employees are in the exempt are some of them are in the covered
You have to keep track by true payroll which employees are exempt and which are covered. Covered employees are going to be those employees on your payroll and not going to include those employees that are self-employed and partners or temporary help agencies. If you are directly supervising day-to-day operations, then it will be your responsibility to record an injury of an employee that you directly supervise. If the temp-company provides a supervisor for those temporary employees and you do not directly supervise those employees, then they will not be on your OSHA injury and illness logs if they were to get injured. It's important to establish with your temp agencies, prior to hiring the temps, whether or not they will have direct supervision and be responsible for it or whether or not you and your company are going to be taking that one.
The rest of your OSHA log and information all need to be kept for five years, not including this year. So you need this year plus the previous five years. If you are ever inspected by OSHA, they will ask you for these five years of OSHA logs and injury records and you will be expected to produce those for them in a timely
Part of the OSHA regulations state that you've need to have a way for employees to report work-related injuries confidently. Oftentimes, this is part of a new-hire orientation or something like that. If the employee asks for a copy of the OSHA 300 or 301, you are required to get that to them and you've got up to one day to get it back to them. If they have somebody else ask for it, you've got seven days to get it to them. When the OSHA enforcement officers come on site, you've got to be able to produce your written record keeping of injury or illness within four hours for them. You cannot discriminate against any of your employees if they do decide to file or report an illness; it is their right and their responsibility to report injuries.
There are a few other reporting requirements. If you have a fatality or a catastrophe at your workplace—remember we talked about this earlier in the very beginning— the 1904, 1939, 1940, and 1941 are some of the OSHA recording keeping and reporting requirements applicable to all industries. If you have a fatality or catastrophe, you have 8 hours to notify OSHA. You need to notify them orally and call the 1-800 OSHA number and notify that. If there's a catastrophe, that's defined as three or more employees being sent to the hospital for inpatient care. IF three people go to the hospital as the result of one event, it's considered a catastrophe you have to notify OSHA that something went seriously wrong.
If OSHA or a NIOSH official are on site and are looking to see your OSHA logs, you have 4 hours to provide them those.
There are a lot of additional resources out there. You can go to the federal OSHA website at www.OSHA.gov, you can also go to the Michigan OSHA website and there are specific record keeping links on those websites. There's also what they call an OSHA recordkeeping handbook which is available at the OSHA federal recording keeping site. It's a 109-page handbook and it's a long version of what we went over today. It gives you a lot of good details, specifics, and a lot more information in regards to different scenarios that may or may not play out in your workplace.
This concludes part 3 of 3 for this webinar. Check back next week for a new transcription!