In addition to reporting all work-related injury claims to the workers' compensation claims office, there is additional paperwork to be completed. Most private employers with 10 or more employees are required by the Occupational Safety and Health Administration (OSHA) to keep a log of work-related injuries and illness, commonly known as Form 300. [Some “low risk” business such as insurance offices, real estate offices and small retail outlets are exempt].
Each Location:
A Form 300 has to be completed for each separate physical location where you have employees for at least one year. The physical location also includes employees who are assigned to a location but who are routinely located elsewhere (think truck drivers or traveling sales people). A physical location will also include other locations where materials or equipment is stored for support of the primary location. (WCxKit)
Excluded Injuries and Illnesses:
All injuries or illnesses must be listed on Form 300 unless it is determined that they are not work related. Examples of injuries or illnesses that could be excluded from the Form 300 would include:
1. injuries that occur when the employee is not on the job
2. injuries that occur while the employee is traveling to or from work
3. illnesses that manifest themselves at work but are not related to the job, for example the employee develops a fever due to the flu
4. injuries that occur while the employee is involved in a personal activity, for example the employee trips and falls in the cafeteria while on his lunch break
5. injuries from an altercation with another employee over a non-work related subject
Types of Recorded Injuries and Illnesses:
The types of injuries and illnesses that must be listed on the Form 300, per OSHA, are:
1. death
2. loss of consciousness
3. days away from work
4. restricted work activity or job transfer (due to injury or illness)
5. medical treatment beyond first aid
6. work-related cancer
7. chronic irreversible disease
8. a fractured bone
9. a punctured eardrum
10. any needle-stick or other sharp object puncture that is contaminated with another persons blood or potentially infectious material
11. any case requiring the employee to be medically removed under the requirements of an OSHA health standard
12. any tuberculosis infection
13. any employee hearing test that demonstrates the employee has loss hearing in one or both ears
Employee Privacy:
Even though you must record all work-related injuries and illnesses, there are some situations where you record the injury or illness, but do not record the employees name. According to OSHA Guidelines, situations where the injured employee or ill employees name would not be recorded include:
1. injuries or illness to an intimate body part or to the reproductive system
2. injury or illness resulting from a sexual assault
3. a mental illness
4. a case of HIV infection, hepatitis or tuberculosis
5. any needle-stick or other sharp object puncture that is contaminated with another persons blood or potentially infectious material
6. other illnesses, if the employee independently and voluntarily request their name not be entered on the Form 300
7. As Form 300 records information in regards to the employees health, you are required to keep the information protected as you would any other employee health related information.
Description of Injury or Illness:
The OSHA log requires you to describe the injury or illness, to identify the body parts affected and to list the object or substance that injured the person or made the person ill. An example of the listing would be: fractured left leg, caught between forklift and wall.
Restricted Work:
When the medical provider who treats the injured employee recommends keeping the injured employee off work while they heal, or allows the injured employee to return to work on a modified duty basis, the restricted work must be included on the Form 300. Also, if the employee can return to work but with limited hours, he/she also should be listed on the OSHA log.
Counting the Days:
When an employee is off work due to an on-the-job injury or due to an occupational illness, the number of calendar days missed from work is recorded on Form 300. The counting starts with the day after the injury as day one, and continues to the employee returns to work full time or you reach 180 days. If the employee is off work for a period of time and then returns to work on restricted duty, you are required to do two separate entries on the OSHA log. You must count the total number of days off work, then start counting again to record the number of days on restricted
Record Keeping:
The Form 300 is to be kept for 5 years, not counting the year during which the OSHA log is filled in. You are not required to send the Form 300 to OSHA unless they ask you to do so, then you must. A summary page, known as OSHA 300A listing the total number of reported work-related injuries and illnesses, the total number of days missed from work and the total number of days of restricted work, and the illnesses and injury types, must be completed. The Form 300A is posted at each location where the OSHA log was kept, from February 1 to April 30 of the following calendar year. (WCxKit)
Exempt Industries:
Some industries are exempt from OSHA recordkeeping requirements based on SIC codes; it is an exhaustive list which can be found at: http://www.osha.gov/recordkeeping/ppt1/RK1exempttable.html
Additional Information:
Additional information on the Form 300 can be reviewed in OSHA Regulations 29 CFR 1904.7, 29 CFR 1904.7(b)(5), and 29 CFR 1904.29.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. See www.LowerWC.com for more information. Contact:[email protected] or 860-553-6604.
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
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