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OSHA Proposes Requiring New Industries Keep OSHA 300 Logs, Adds More Stringent Reporting Obligations

By Bradford T. Hammock
  • June 28, 2011

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  The current exemption list is industry-specific and based on the now-outdated 1987 Standard Industrial Classification (SIC) coding system.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.

©2011 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

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