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Question: Does the size or degree of a burn determine recordability?
Answer:
No, the size or degree of a work-related burn does not determine recordability. If a work-related first, second, or third degree burn results in one or more of the outcomes in section 1904.7 (days away, work restrictions, medical treatment, etc.), the case must be recorded.
Question: The old rule required the recording of all occupational illnesses, regardless of severity. For example, a work-related skin rash was recorded even if it didn't result in medical treatment. Does the rule still capture these minor illness cases?
Answer:
No. Under the new rule, injuries and illnesses are recorded using the same criteria. As a result, some minor illness cases are no longer recordable. For example, a case of work-related skin rash is now recorded only if it results in days away from work, restricted work, transfer to another job, or medical treatment beyond first aid.
Question: My establishment is in an industry listed on the “Non-Mandatory Appendix A to Subpart B - Partially Exempt Industries” but that NAICS code no longer exists in the 2017 NAICS coding system. Does that mean I need to start filling out the recordkeeping forms
Answer:
No. If your establishment is classified in one of the 2007 NAICS codes listed on the Partially Exempt Industries webpage, it is partially exempt for OSHA's recordkeeping requirements, even if a corresponding 2017 or 2022 code does not exist.
Question: May an employer use a 3rd party (e.g. insurance company, accountant, private safety consultant) to complete and maintain the OSHA Forms?
Answer:
Employers may use 3rd parties to complete their injury and illness forms, but the employer is ultimately responsible for the content and accuracy of the forms. At the end of the calendar year, a company executive must certify that they have examined the OSHA 300 form and that they reasonably believe, based on their knowledge of the process by which the information was recorded, that the OSHA Form 300A annual summary is correct and complete.
Question: What is the effect of workers' compensation reports on the OSHA records?
Answer:
The purpose section of the rule includes a note to make it clear that recording an injury or illness neither affects a person's entitlement to workers' compensation nor proves a violation of an OSHA rule. The rules for compensability under workers' compensation differ from state to state and do not have any effect on whether or not a case needs to be recorded on the OSHA 300 Log. Many cases will be OSHA recordable and compensable under workers' compensation. However, some cases will be compensable but not OSHA recordable, and some cases will be OSHA recordable but not compensable under workers' compensation.
Question: Why are employers required to keep records of work-related injuries and illnesses?
Answer:
The OSH Act of 1970 requires the Secretary of Labor to produce regulations that require employers to keep records of occupational deaths, injuries, and illnesses. The records are used for several purposes. Injury and illness statistics are used by OSHA. OSHA collects data through the Injury Tracking Application (ITA) to help direct its programs and measure its own performance. Inspectors also use the data during inspections to help direct their efforts to the hazards that are hurting workers. The records are also used by employers and employees to implement safety and health programs at individual workplaces. Analysis of the data is a widely recognized method for discovering workplace safety and health problems and for tracking progress in solving those problems. The records provide the base data for the BLS Annual Survey of Occupational Injuries and Illnesses, the Nation's primary source of occupational injury and illness data.
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
June 12, 2024
Mr. Mark N Duvall
Beveridge & Diamond, P.C.
1900 N Street, N.W., Suite 100
Washington, DC 20036
Dear Mr. Duvall:
Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 – Recording and Reporting Occupational Injuries and Illnesses. Specifically, you request clarification on whether an employee's death would be considered work-related when involved in a motor vehicle accident.
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
November 15, 2023
Mr. Riki Ott, PhD
Director, The ALERT Project
Berkeley, CA 94704
Dear Mr. Ott:
Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 Recording and Reporting Occupational Injuries and Illnesses. Specifically, you request an interpretation regarding the work-related exception in § 1904.5(b)(2)(viii) for the common cold or flu.
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
May 17, 2023
Mr. Travis W. Vance
Fisher & Phillips LLP
227 West Trade Street
STE 2020
Charlotte, N.C. 28202
Dear Mr. Vance:
Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 – Recording and Reporting Occupational Injuries and Illnesses. Specifically, you request clarification on whether an employee's injury would be considered work-related as a result of an act of violence.
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
January 4, 2022
Mr. Stephen A. Newell
NSC | ORCHSE
2021 L Street NW, Suite 101-357
Washington, DC 20036
Dear Mr. Newell:
Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 – Recording and Reporting Occupational Injuries and Illnesses. Specifically, you request clarification on whether an employee’s injury would be considered work-related when involved in a motor vehicle accident.
