Are You in Compliance with 2021 OSHA Record Keeping Regulations?

OSHA record keeping and reporting is one of the most frequently cited violations of OSHA regulations every year. Per their clarifications to 29 CFR 1904, OSHA has stated that those employers who don’t keep accurate records of injuries and illnesses per OSHA accident reporting requirements are committing an “ongoing violation.” This means they will have to pay a fine for every day they fail to record the accident, death, or illness. Note that the six-month statute of limitations will not apply to these violations. Reduce the risk of significant fines with some guidance from MP’s HR Services on OSHA record keeping.

OSHA Record Keeping: Recording

Workplaces with over 10 employees may be required to record any serious work-related injuries, illnesses, and deaths on OSHA Form 300. Employee medical records for these incidents need to be kept on hand for the duration of a worker’s employment, plus 30 years afterwards. Employee exposure records need to be kept for at least 30 years. A good way to create accurate, easily accessible records is to work with an HR solutions provider like MP that offers HR software for these kinds of circumstances (as well as many other operations needs). Businesses that have multiple branches or offices will need to keep separate OSHA 300 Logs for each establishment, recording the incident in the log corresponding to the location it occurred in.

Employers should also keep records of their employee safety training and meetings. They should include:

Topic(s) covered
Names and signatures of those who attended
Name of the trainer or presenter
Any documents that pertain to the sessions or meetings

Should an employee die from workplace related circumstances or illness, the employer must report the death to OSHA within 8 hours. If an employee experiences an in-patient hospitalization, an amputation, or a loss of an eye due to workplace-related circumstances, the employer must report it to OSHA within 24 hours. In any of these scenarios, the employer can call OSHA (at 1-800-321-6742) or go to the nearest OSHA office in-person.

OSHA Record Keeping: Next Steps

Employers who are subject to these rules must post the OSHA Form 300A between February 1^st and April 30^th, 2021. The summary on this form will include the total number of job-related illnesses and injuries logged in 2020 and recorded on OSHA Form 300. (Again, it’s worth noting that if you work with an HCM provider like MP, you’ll be able to easily track accidents, illnesses, fatalities and print the OSHA forms and reports needed for this step.)

Employers should also be prepared to respond if they receive an Annual OSHA Injury and Illness Survey form. They are required to complete the form and send it back.

OSHA Record Keeping: Exemptions

OSHA requirements for illness and injury are not required for employers within certain low-risk industries. Please see the list below. Employers whose NAICS code matches any of those listed below do not need to follow the steps above except reporting fatalities, in-patient hospitalizations, amputations, or the loss of eyes.

Industries that are exempt

Accounting, Tax Preparation, Bookkeeping, and Payroll Services – 5412
Activities Related to Credit Intermediation – 5223
Advertising and Related Services – 5418
Agencies, Brokerages, and Other Insurance Related Activities – 5242
Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures – 7114
Architectural, Engineering, and Related Services – 5413
Book, Periodical, and Music Stores – 4512
Business, Professional, Labor, Political, and Similar Organizations – 8139
Business Schools and Computer and Management Training – 6114
Business Support Services – 5614
Child Day Care Services – 6244
Civic and Social Organizations – 8134
Clothing Stores – 4481
Colleges, Universities, and Professional Schools – 6113
Computer Systems Design and Related Services – 5415
Data Processing, Hosting, and Related Services – 5182
Death Care Services – 8122
Depository Credit Intermediation – 5221
Drinking Places (Alcoholic Beverages) – 7224
Educational Support Services – 6117
Electronics and Appliance Stores – 4431
Electronic and Precision Equipment Repair and Maintenance – 8112
Elementary and Secondary Schools – 6111
Florists – 4531
Full-Service Restaurants – 7221
Freight Transportation Arrangement – 4885
Gasoline Stations – 4471
Grantmaking and Giving Services – 8132
Health and Personal Care Stores – 4461
Independent Artists, Writers, and Performers – 7115
Insurance Carriers – 5241
Insurance and Employee Benefit Funds – 5251
Internet Service Providers and Web Search Portals – 5181
Investigation and Security Services – 5616
Jewelry, Luggage, and Leather Goods Stores – 4483
Junior Colleges – 6112
Legal Services – 5411
Lessors of Nonfinancial Intangible Assets (except Copyrighted Works) – 5331
Limited Service Eating Places – 7222
Management of Companies and Enterprises – 5511
Management, Scientific, and Technical Consulting Services – 5416
Medical and Diagnostic Laboratories – 6215
Monetary Authorities – Central Bank – 5211
Motion Picture and Video Industries – 5121
Newspaper, Periodical, Book, and Directory Publishers – 5111
Nondepository Credit Intermediation – 5222
Nonscheduled Air Transportation – 4812
Office Administrative Services – 5611
Offices of Dentists – 6212
Offices of Other Health Practitioners – 6213
Offices of Physicians – 6211
Offices of Real Estate Agents and Brokers – 5312
Office Supplies, Stationery, and Gift Stores – 4532
Other Financial Investment Activities – 5239
Other Information Services – 5191
Other Investment Pools and Funds – 5259
Other Motor Vehicle Dealers – 4412
Other Pipeline Transportation – 4869
Other Schools and Instruction – 6116
Other Telecommunications – 5179
Outpatient Care Centers – 6214
Personal Care Services – 8121
Personal and Household Goods Repair and Maintenance – 8114
Pipeline Transportation of Crude Oil – 4861
Pipeline Transportation of Natural Gas – 4862
Radio and Television Broadcasting – 5151
Religious Organizations – 8131
Rooming and Boarding Houses – 7213
Scenic and Sightseeing Transportation, Other – 4879
Scientific Research and Development Services – 5417
Securities and Commodity Contracts Intermediation and Brokerage – 5213
Securities and Commodity Exchanges – 5232
Shoe stores – 4482
Social Advocacy Organizations – 8133
Software Publishers – 5112
Sound Recording Industries – 5122
Specialized Design Services – 5414
Sporting Goods, Hobby, and Musical Instrument Stores – 4511
Technical and Trade Schools – 6115
Telecommunications Resellers – 5173
Travel Arrangement and Reservation Services – 5615
Wireless Telecommunications Carriers (except Satellite) – 5172

OSHA Record Keeping: Questions and Guidance

If you have questions about how to stay in compliance with these OSHA requirements, you can visit OSHA’s website here. You can also reach out to MP’s HR consulting team to discuss these matters and more. Note that MP covers the latest HR updates on our blog and in our free webinars.