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.