Close Is Not Good Enough in OSHA Compliance

Injuries Require Multiple Government Forms

When a compensable injury occurs, several forms are nearly always required in New York. One is the Workers Comp Board Form C-2 and a second is OSHA’s Form 301 (300-A and 300). The same person often completes these forms on the same day.

Through repetition, it is quickly learned that information on the much fuller C-2 also contains the same information needed to complete OSHA Form 301. These two similar forms are leading to OSHA problems. [WCx]

OSHA states that many people think that compliance can be met, and employer time and effort saved, by simply sending the C-2 to OSHA instead of completing Form 301. Why not? The required information has been provided, right?

OSHA is Not Workers Comp, Creating Non-Compliance

Wrong. The statutes are different. OSHA is not workers comp. Each has its own law and its own requirements. And each collects and stores information in different ways, for different purposes and with different time limits. Why invite a struggle by using one form for two different laws?

In practical business situations, “close is good enough” usually works for private parties, but it almost never works in dealing with government agencies – which is why this is being written.

In doing research on OSHA, your author had occasion to speak to a New York OSHA official who stated that the most common problem he saw, and he saw it quite often, was many NY employers send OSHA comp C-2s instead of OSHA forms. Computer memories are not nearly as forgiving as human memories and soon enough the employer is creating a record for non-compliance with a federal law. [WCx]

OSHA, eventually, straightens the problem out – but why put it to the trouble? Fill out ALL the correct forms.

Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100. medsearch7@optonline.net

WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php

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.

Close Is Not Good Enough in OSHA Compliance

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