UPDATE: COVID-19 Guidance–Due to the fact that many employees are working remotely during the COVID-19 pandemic, OSHA will not require employers to display the OSHA 300A form in establishments that are completely empty. However, employers will need to comply with the posting requirement if employees return to the establishment before May 1, 2021.
The Occupational Safety and Health Administration (OSHA) requires employers subject to its recordkeeping requirements to post copies of their OSHA Form 300A between February 1st and April 30th of each year. The OSHA Form 300A, also known as the “Summary of Work-related Injuries & Illnesses”, must be completed by February 1st using data from the previous calendar year. As a reminder, OSHA’s recordkeeping requirement does not apply to employers with 10 or fewer employees, or to employers that are in a partially exempt industry.
Employer Action Steps
On February 1st, employers subject to OSHA recordkeeping requirements must ensure that copies of their completed Forms 300A are posted in each of their establishments. The form must be displayed in a conspicuous place or places where notices to employees are customarily posted. Employers should retain their OSHA 300 log, the privacy case list (if one exists), the annual summary and the OSHA 301 incident report forms for five years following the end of the calendar year that these records cover.
Another important reminder is specific to the accurate reporting of COVID-19 cases. On May 19, 2020 there was a revised memorandum providing guidance to compliance for enforcing the requirements of 29 CFR Part 1904 – with respect to recording occupational illnesses, specifically, cases of COVID. Under OSHA recordkeeping requirements, COVID-19 is a recordable illness, thus employers are responsible for recording cases if:
- The case is confirmed as COVID-19, as defined by the Centers for Disease Control and Prevention
- The case is work-related as defined by 29 CFR 1904.5
- The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7
It should be noted that reading the entire OSHA memo is recommended given OSHA’s “exercising enforcement discretion” in making work-related determinations on the log. Employers, especially small employers, should not be expected to undertake extensive medical inquiries, given employee privacy concerns and most employers’ lack of expertise in this area. The memo elaborates on the “reasonable and good faith inquiry” described in the directive, that will play an important role in accurately reporting. The entire memo can be found here: https://www.osha.gov/memos/2020-05-19/revised-enforcement-guidance-recording-cases-coronavirus-disease-2019-covid-19
Should you have any further questions on this specific OSHA topic or any other risk management items, please contact dvorholt@sentinelra.com.
Dana Vorholt earned his Master’s degree in Safety and Environmental Management from West Virginia University, and is an accredited Associate of Risk Management. As Director of Risk Management, Dana’s professional passion puts Sentinel clients on the path to workplace safety, compliance and optimal profitability. Vorholt is widely known and well respected in the loss control arena. He provides workplace and occupational safety guidance and training, assuring compliance standards are met for businesses with a diverse set of operational risk portfolios.
