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Annual OSHA Record-keeping Posting Required as of February 1st

  • February 15, 2005

If your company is covered by the OSHA recordkeeping standard (most are), starting on February 1, 2005 you are required to post a separate summary (OSHA Form 300A) of the total number of job-related injuries and illnesses that occurred in 2004 for each facility or establishment. All covered employers are now required to post the Form 300A for three months until April 30, 2005. It is important to note that only the OSHA 300A summary, and not the OSHA 300 log, is posted.

The Form 300A provides the total number of job-related injuries and illnesses which were included in more detail on the OSHA 300 log. Companies or establishments with no recordable injuries or illnesses in 2004 still must post the 300A summary with zeros on the total line. It is important to note that the 300A summary must be signed or certified by a company executive or the top facility manager. This requirement can-not be performed by the facility safety or human resources manager. In addition, certifying false information to OSHA could potentially subject the executive to criminal liability under the Occupational Safety and Health Act of 1970.

The posted 300A summary must be displayed in a common area wherever notices to employees usually are posted. Employers with ten or fewer employees and employers in certain industry groups are normally exempt from federal OSHA injury and illness recordkeeping and posting requirement.

Please note: even employers normally exempt from recordkeeping requirements have to comply with specific recordkeeping rules of applicable OSHA standards. Additionally, all employers covered by the Act (including employers exempt from the recordkeeping requirements) are required within eight (8) hours to report by telephone to the nearest OSHA office all accidents that result in one or more fatalities or the hospitalization of three or more employees.

Complying with Annual Requirements Under OSHA Standards

Various OSHA standards, such as the Medical and Exposure Records Access Standard, require annual employee notification and/or training. Failure to comply may subject covered employers to a willful violation with a maximum monetary penalty of $70,000.00.

If you have any questions on these developments, or any other workplace safety issue, please contact the Jackson Lewis attorney with whom you regularly work, or one of our Workplace Safety Practice Group attorneys: Edwin G. Foulke, Jr. or Roger S. Kaplan.

©2005 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm that built its reputation on providing workplace law representation to management. Founded in 1958, the firm has grown to more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries including government relations, healthcare and sports law. More information about Jackson Lewis can be found at www.jacksonlewis.com.

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