• OSHA Changes Requirements for Recording and Reporting Workplace Injuries and Illnesses - Effective Jan. 1 2015
  • March 4, 2015
  • Law Firm: Greenberg Traurig LLP - New York Office
  • The OSHA Standard for Recording and Reporting Occupational Injuries and Illnesses, 29 C.F.R. § 1904, requires that certain employers track work-related injuries and illnesses of their employees throughout the year, post the summaries of those injuries at the end of the year, maintain records for five years and report to OSHA certain work-related incidents. This GT Alert will identify the most recent changes to the requirements. A comprehensive review of the requirements were addressed in an August 2012 GT Alert, OSHA Requirements for Reporting and Recording Workplace Injuries and Illnesses. The posting requirements were addressed in a January 2012 GT Alert, OSHA Alert - February 1 Deadline for OSHA 300-A.

    There were two changes to the standard that went into effect Jan. 1, 2015. The first is related to the list of exempt businesses that do not have to comply with the recording requirements of the standard. The second change is related to the reporting requirement for all businesses to report to OSHA certain types of incidents involving employee injuries, hospitalization and death.

    Do the Recording Requirements Apply to My Business?

    If a company has 10 or fewer employees in the entire company at all times during the year, it does not have to record injuries and keep the records required by the standard. Historically, businesses classified as low hazard retail, service, finance, insurance or real estate industry were not required to keep the records. Appendix A to the old standard provided a complete listing of exempt businesses by Standard Industrial Classification (SIC) code. OSHA has eliminated some businesses from exempt status in the new version of the standard and includes the exempt businesses by reference to NAISC codes. The new standard that lists the exempt businesses is reproduced in Appendix A.

    Do the Reporting Requirements Apply to My Business?

    Even if your company is exempt from the recording requirements, it still must comply with the reporting requirements. The old standard required all employers to report to OSHA within eight hours of learning of any workplace fatality or the hospitalization of three or more employees which occurred within 30 days of a workplace incident. The new standard has broadened the reporting requirement to now include the hospitalization of one or more employees and any amputation or loss of an eye. As with the old standard, under the new standard the employer can call their local area office or 800-321-OSHA. The requirement to report deaths due to heart attack, which may not appear to be work-related but occurred at the workplace, is still a requirement of the standard.

    29 CFR § 1904 APPENDIX A

    Non-Mandatory Appendix A to Subpart B - Partially Exempt Industries

    Employers are not required to keep OSHA injury and illness records for any establishment classified in the following North American Industry Classification System (NAICS) codes, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS. All employers, including those partially exempt by reason of company size or industry classification, must report to OSHA any employee's fatality, in-patient hospitalization, amputation or loss of an eye (see § 1904.39).

    NAICS Code     Industry

    4412................ Other Motor Vehicle Dealers
     4431................ Electronics and Appliance Stores
     4461................ Health and Personal Care Stores
     4471................ Gasoline Stations
     4481................ Clothing Stores
     4482................ Shoe Stores
     4483................ Jewelry, Luggage, and Leather Goods Stores
     4511................ Sporting Goods, Hobby, and Musical Instrument Stores
     4512................ Book, Periodical, and Music Stores
     4531................ Florists
     4532................ Office Supplies, Stationery, and Gift Stores
     4812................ Nonscheduled Air Transportation
     4861................ Pipeline Transportation of Crude Oil
     4862................ Pipeline Transportation of Natural Gas
     4869................ Other Pipeline Transportation
     4879................ Scenic and Sightseeing Transportation, Other
     4885................ Freight Transportation Arrangement
     5111................ Newspaper, Periodical, Book, and Directory Publishers
     5112................ Software Publishers
     5121................ Motion Picture and Video Industries
     5122................ Sound Recording Industries
     5151................ Radio and Television Broadcasting
     5172................ Wireless Telecommunications Carriers (except Satellite)
     5173................ Telecommunications Resellers
     5179................ Other Telecommunications
     5181................ Internet Service Providers and Web Search Portals
     5182................ Data Processing, Hosting, and Related Services
     5191................ Other Information Services
     5211................ Monetary Authorities Central Bank
     5221................ Depository Credit Intermediation
     5222................ Nondepository Credit Intermediation
     5223................ Activities Related to Credit Intermediation
     5231................ Securities and Commodity Contracts Intermediation and Brokerage
     5232................ Securities and Commodity Exchanges
     5239................ Other Financial Investment Activities
     5241................ Insurance Carriers
     5242................ Agencies, Brokerages, and Other Insurance Related Activities
     5251................ Insurance and Employee Benefit Funds
     5259................ Other Investment Pools and Funds
     5312................ Offices of Real Estate Agents and Brokers
     5331................ Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)
     5411................ Legal Services
     5412................ Accounting, Tax Preparation, Bookkeeping, and Payroll Services
     5413................ Architectural, Engineering, and Related Services
     5414................ Specialized Design Services
     5415................ Computer Systems Design and Related Services
     5416................ Management, Scientific, and Technical Consulting Services
     5417................ Scientific Research and Development Services
     5418................ Advertising and Related Services
     5511................ Management of Companies and Enterprises
     5611................ Office Administrative Services
     5614................ Business Support Services
     5615................ Travel Arrangement and Reservation Services
     5616................ Investigation and Security Services
     6111................ Elementary and Secondary Schools
     6112................ Junior Colleges
     6113................ Colleges, Universities, and Professional Schools
     6114................ Business Schools and Computer and Management Training
     6115................ Technical and Trade Schools
     6116................ Other Schools and Instruction
     6117................ Educational Support Services
     6211................ Offices of Physicians
     6212................ Offices of Dentists
     6213................ Offices of Other Health Practitioners
     6214................ Outpatient Care Centers
     6215................ Medical and Diagnostic Laboratories
     6244................ Child Day Care Services
     7114................ Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures
     7115................ Independent Artists, Writers, and Performers
     7213................ Rooming and Boarding Houses
     7221................ Full-Service Restaurants
     7222................ Limited-Service Eating Places
     7224................ Drinking Places (Alcoholic Beverages)
     8112................ Electronic and Precision Equipment Repair and Maintenance
     8114................ Personal and Household Goods Repair and Maintenance
     8121................ Personal Care Services
     8122................ Death Care Services
     8131................ Religious Organizations
     8132................ Grantmaking and Giving Services
     8133................ Social Advocacy Organizations
     8134................ Civic and Social Organizations
     8139................ Business, Professional, Labor, Political, and Similar Organizations.