OSHA Announced Changes to the Recordkeeping Regulations in 2016

When the new president took office in January 2017 these changes to the recordkeeping regulations were stopped.  OSHA just announced that part of these regulations will now go into effect in December.  Employers who, under the past rules, had to post a copy in their office of their OSHA 300A report (Summary of Work-Related Injuries and Illnesses) must now also submit them electronically to OSHA. OSHA has been working on this all year but due to technology problems with the submission software the deadline for electronic submission has been moved again (originally 01/17) to 12/15/17

These new regulations will not affect most of our readers because they are exempt or partially-exempt from keeping and posting the OSHA 300 summary. Hospitals, ambulatory surgery centers and nursing homes will be affected.  There are three ways you are exempted (or partially exempted) from the electronic reporting. You must still keep records on all employee work-place injuries and illness incidents and be able to produce them if requested by OSHA even if you are exempt from filling out and posting these summary reports.

  1. If you have 10 or fewer employees you are exempt from keeping or posting these reports.
  2. If you have 11-19 employees and are not partially-exempt you must still post the 300A Report in your office annually but are exempt from electronic posting.
  3. If your industry is listed in the regulations as one that is partially-exempt in Appendix A of Federal Regulation 1904 you do not have to produce these reports or post them therefore you do not have to follow the electronic posting regulations. “Partially exempt” means you are exempt but OSHA can write you and require that your business participate in a survey that usually lasts from 1 to 3 years. The following is a list of pertinent partially-exempt industries by NAICS code.
    1. 4461-Health and personal care stores
    2. 6211- Offices of Physicians
    3. 6212- Offices of Dentists
    4. 6213- Offices of other health practitioners
    5. 6214- Outpatient Care Centers
    6. 6215- Medical and Diagnostic Laboratories
    7. 8122- Death Care Services

We will cover this in our January 2018 TMC newsletter as well as the other changes that cover the policies and procedures needed to ensure employees report their illnesses and injuries without fear of negative consequences.