Many Employers Unaware of OSHA Reporting Requirements for Workplace Injuries

Author:Mr Michael Murphy
Profession:Holland & Knight LLP

Are you in compliance with OSHA's record keeping requirements with regard to

work place injuries? If the phone calls that I receive are any indication, many

employers, especially small ones, are unaware of OSHA's requirements for

recording and reporting occupational injuries. This article will provide a

synopsis of those requirements.

OSHA's recordkeeping requirements are found at 29 CFR 1904. Employers of less

than 10 employees or those engaged primarily in retail, trade, finance,

insurance, real estate, or services are exempt from these requirements except

for a duty to report fatalities or in-patient treatment of three or more


OSHA requires that each covered employer keep: (1) a log and summary of

occupational injuries; (2) a supplementary record; (3) an annual summary; and

(4) orally report fatalities and certain injuries to OSHA. The log and summary

must be kept on OSHA Form 200 or its equivalent. All recordable injuries must be

entered in the log as soon as practicable, but no later than six working days

after receiving information that a recordable injury has occurred.

Recordable is defined as cases involving: fatalities (regardless of the time

between the injury and death); lost work days; transfers to another job or

termination of employment; or require medical treatment (other than first aid);

or loss of consciousness; or restriction of work or motion. Medical treatment is

defined as treatment under the orders of a physician administered by a physician

or other registered medical personnel. The definition of lost work days does not

include the day of the injury.

The employer must also keep supplementary information for all recordable

injuries. OSHA Form 101 or other equivalent forms used for insurance claims

reporting or workers' compensation are also acceptable alternatives if they

contain the same information that is on the OSHA Form 101.

The employer must also maintain an annual summary of all recordable injuries.

These summaries must be kept on a calendar basis. The summary must be posted at

the workplace and must include the year's total from the OSHA 200 log. It must

include the calendar year covered, the name and address of the establishment,

and a certifying signature and date. Even if no injuries occurred in the

previous year, zeros must be entered into the totals line.

Some recordable workplace injuries are also reportable. They must be reported

orally to OSHA within eight hours of the employer becoming aware...

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