Question: If you have an injury at work and the employer pays for all the cost without turning this into workers compensation do you have to report the accident on the OSHA log?

Answer: If the injury meets the OSHA recording criteria, you must record it on the OSHA Log regardless of filing for workers compensation. OSHA's recordkeeping requirements and the workers compensation system are two independent systems.

Question: If we submit an workplace injury form to our WC carrier and the injury is DENIED as a workers' comp injury by our carrier, do we still count that injury on our 300 form or do we disregard it?

Answer: When an injury or illness occurs to an employee, the employer must independently analyze the case in light of both the OSHA recording criteria and the requirements of the State workers' compensation system to determine whether the case is recordable or compensable, or both. Your case must be judged by the criteria of the OSHA recordkeeping rule to determine if it should be placed on the 300 Log. Workers Compensation is not a consideration of whether the case is OSHA recordable or not.

Question: I have had several workers compensation claims this year. I appealed a few of them and won, therefore the claims were denied. Because they were denied, do I need to document these claims on my OSHA 300 form?

Answer: Workers' Compensation determinations do not impact OSHA recordability. The employer must evaluate each case using the OSHA recording criteria to determine if a case is recordable on the OSHA Form 300.

Question: Can an employer use a 3rd party (e.g. insurance company, accountant, private safety consultant) to complete and maintain the OSHA 300 log?

Answer: Employers may use 3rd parties to complete their injury and illness forms, but the employer is responsible for the content and accuracy of the forms. A company executive must certify that he or she has examined the OSHA 300 Log and that he or she reasonably believes, based on his or her knowledge of the process by which the information was recorded, that the annual summary is correct and complete.

Question: Our insurance agent said we need to keep an OSHA log. Where do we get the forms and directions to complete them?

Answer: The OSHA Form 300 can be found and downloaded from the OSHA website at http://www.osha.gov/recordkeeping/RKforms.html Please review the tutorial at http://www.osha.gov/recordkeeping/tutorial.html for an overview on how to complete the forms. You will also find links to the Regulatory Text of the Recordkeeping Rule, Frequently Asked Questions, Fact Sheets and other general information regarding recordkeeping at http://www.osha.gov/recordkeeping/index.html.

Question: I am setting up a program to measure our manufacturing plants accident frequency and severity. My plan is to compare the rates between our plants and the national average within our industry. Does OSHA have any such rates by industry?

Answer: You can find occupational injury and illness statistical information on the Bureau of Labor Statistics webpage at http://www.bls.gov/iif/home.htm

Question: What does EMR stand for and where can I get it?

Answer: EMR stands for Experience Modification Rate, a term used in Workers Compensation systems in determining insurance premiums. Please contact your State's Workers Compensation Agency or your insurance carrier to get your rate.

Question: Are "denied" claims to be logged on the OSHA 300 log of occupational illnesses and injuries?

Answer: Many cases that are recorded in the OSHA system are also compensable under the State workers' compensation system, but many others are not. When an injury or illness occurs to an employee, the employer must independently analyze the case in light of both the OSHA recording criteria and the requirements of the State workers' compensation system to determine whether the case is recordable or compensable, or both. Your case must be judged by the criteria of the OSHA recordkeeping rule to determine if it should be placed on the 300 Log. Workers Compensation is not a consideration of whether the case is OSHA recordable or not.

Question: If an employee is injured, but the worker's compensation carrier denies the claim due to the injury being 'not in the scope of employment,' should the injury still be recorded on the OSHA 300 log?

Answer: When an injury or illness occurs to an employee, the employer must independently analyze the case in light of both the OSHA recording criteria and the requirements of the State workers' compensation system to determine whether the case is recordable or compensable, or both. Your case must be judged by the criteria of the OSHA recordkeeping rule to determine if it should be placed on the 300 Log. Workers Compensation is not a consideration of whether the case is OSHA recordable or not.

Question: I would like to know the number of forklift/lift truck related fatalities and injuries reported in the workplace during the year for the entire country. Where can I find this information?

Answer: You can find occupational injury and illness statistical information on the Bureau of Labor Statistics webpage at http://www.bls.gov/iif/home.htm