• OSHA Proposes Requiring New Industries Keep OSHA 300 Logs, Adds More Stringent Reporting Obligations
  • June 29, 2011 | Authors: Bradford T. Hammock; Roger S. Kaplan
  • Law Firms: Jackson Lewis LLP - Reston Office ; Jackson Lewis LLP - Melville Office
  • The Occupational Safety and Health Administration has proposed changing the industries that would be generally exempt from maintaining regular workplace injury and illness records.  Employers in exempt industries are not required to maintain OSHA 300 Logs, complete OSHA 301 incident report forms, or complete the OSHA 300A annual summary forms.

    OSHA’s proposed rule also would require employers to report workplace amputations to the agency within 24 hours, as well as all in-patient hospitalizations within 8 hours.  Existing recordkeeping rule (Part 1904) requires employers to report in-patient hospitalizations of 3 or more employees to OSHA within 8 hours.  Any workplace fatality would continue to be reportable, as well.

    Partially Exempt Industries
    OSHA’s recordkeeping rule excludes certain employers in relatively low hazard industries from the agency’s basic recordkeeping requirements.  The current exemption list is industry-specific and based on the now-outdated 1987 Standard Industrial Classification (SIC) coding system.  OSHA’s proposed rule will re-categorize the exempt industries based on the North American Industrial Classification System (NAICS), which is the system used by federal agencies for statistical research purposes.  The proposal also will remove some industries from the list based on new injury and illness data compiled by the Bureau of Labor Statistics.

    The proposed change is significant.  Some employers who have for years been regularly exempt from maintaining OSHA 300 Logs will now be required to keep them.  Recordkeepers will need to be trained on identifying a work-related injury and illness and recording properly such injuries and illnesses that meet OSHA’s severity criteria.  Conversely, some employers that have been required to keep records will now be exempt from this obligation. 

    Employers should check the following lists to determine where they fit within OSHA’s proposed rule:

    Industries that Include Establishments to be Newly Required to Keep Records

    3118  Bakeries and Tortilla Manufacturing

    4411  Automobile Dealers

    4413  Automotive Parts, Accessories, and Tire Stores

    4441  Building Material and Supplies Dealers

    4452  Specialty Food Stores

    4453  Beer, Wine, and Liquor Stores

    4539  Other Miscellaneous Store Retailers

    4543  Direct Selling Establishments

    5313  Activities Related to Real Estate

    5322  Consumer Goods Rental

    5324  Commercial and Industrial Machinery and Equipment Rental and Leasing

    5419  Other Professional, Scientific, and Technical Services

    5612  Facilities Support Services

    5617  Services to Buildings and Dwellings

    5619  Other Support Services

    6219  Other Ambulatory Health Care Services

    6241  Individual and Family Services

    6242  Community Food and Housing, and Emergency and Other Relief Services

    7111  Performing Arts Companies

    7113  Promoters of Performing Arts, Sports, and Similar Events

    7121  Museums, Historical Sites, and Similar Institutions

    7139  Other Amusement and Recreation Industries

    7223  Special Food Services

    8129  Other Personal Services

    Industries that Include Establishments to be Newly Exempt from Keeping Records

    4412  Other Motor Vehicle Dealers

    4431  Electronics and Appliance Stores

    4461  Health and Personal Care Stores

    4471  Gasoline Stations

    4511  Sporting Goods, Hobby, and Musical Instrument Stores

    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

    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

    5191  Other Information Services

    5221  Depository Credit Intermediation

    5239  Other Financial Investment Activities

    5241  Insurance Carriers

    5259  Other Investment Pools and Funds

    5413  Architectural, Engineering, and Related Services

    5416  Management, Scientific, and Technical Consulting Services

    5418  Advertising and Related Services

    5511  Management of Companies and Enterprises

    5614  Business Support Services

    5615  Travel Arrangement and Reservation Services

    5616  Investigation and Security Services

    6116  Other Schools and Instruction

    7213  Rooming and Boarding Houses

    8112  Electronic and Precision Equipment Repair and Maintenance

    8114  Personal and Household Goods Repair and Maintenance

    8122  Death Care Services

    8134  Civic and Social Organizations

    8139  Business, Professional, Labor, Political, and Similar Organizations

    Reporting In-Patient Hospitalizations and Amputations
    Under OSHA’s existing recordkeeping rule, employers must report to OSHA within 8 hours all work-related fatalities and in-patient hospitalizations of 3 or more employees.  OSHA’s proposal would broaden this reporting requirement to include work-related amputations and any work-related in-patient hospitalization of an employee.  The former would be required to be reported within 24 hours of the occurrence of the incident and the latter would need to be reported within 8 hours. 

    With this proposal, OSHA is following the actions of many states that have adopted more stringent reporting requirements for amputations and in-patient hospitalizations. 

    Employers have until September 20, 2011, to file written comments on the proposal and are encouraged to participate in the rule making process.