Most employers are familiar with the Occupational Safety and Health Administration (OSHA) and its enforcement of workplace safety standards. However, many employers overlook their recordkeeping obligations under the Occupational Safety and Health Act of 1970. Employers must maintain records of certain workplace-related injuries and illnesses. These records capture key information about workplace incidents, including what happened, when and where the incident occurred, who was involved, and any resulting medical treatment.
Whether you own a business, work in HR, or oversee workplace safety programs, understanding OSHA's recordkeeping requirements can help you stay compliant and be prepared if OSHA conducts an inspection.
Which employers need to keep records?
While OSHA's recordkeeping requirements can vary based on several factors, including company size, industry, and the states in which the company operates, most employers are required to maintain injury and illness records. This includes non-profit organizations.
However, certain low-hazard industries and employers with fewer than ten employees may qualify for partial exemptions from recordkeeping obligations. Additionally, states with OSHA-approved State Plans may have additional requirements.
What injuries and illnesses should be recorded?
Employers usually have seven calendar days to record work-related injuries and illnesses that meet OSHA’s recording criteria. “Injury or illness” is defined as “an abnormal condition or disorder.” Although the definition is broad, an injury or illness is generally recordable if it results in any of the following:
- Loss of consciousness
- Restricted work activity or job transfer
- Days away from work
- Medical treatment beyond first aid
- Significant injury or illness diagnosed by a physician or other licensed health care professional
- Death
To be recordable, the injury or illness must also be work-related. An incident is normally considered work-related if an event or exposure in the work environment caused or contributed to the injury or illness, or significantly aggravated a pre-existing condition.
Important Note: Determining whether an injury or illness is recordable is not always straightforward. Each situation is fact-specific and must be evaluated on a case-by-case basis. If there is any question about whether an injury or illness is recordable, contact Bricker Graydon Wyatt for assistance in evaluating the facts and determining applicable OSHA obligations.
What forms should I be using?
Covered employers should be using three OSHA forms to document work-related injuries and illnesses.
- OSHA 300 Log: The 300 Log is used to classify work-related injuries and illnesses and document the severity of each recordable case during the calendar year. The 300 Log must be updated within seven calendar days of receiving notice of a recordable injury or illness.
- OSHA 301 Incident Report: The 301 Incident Report supplements the 300 Log by capturing detailed information about the employee, the circumstances of the incident, and any medical treatment provided. The Incident Report must be completed within seven calendar days of receiving notice of a recordable injury or illness.
- OSHA 300A Summary: The 300A Summary compiles annual totals, including the number of recordable cases, days away from work, employee count, and hours worked. An authorized company executive must certify it. Covered employers must post the Summary for the prior year from February 1 to April 30, even if there were no recordable incidents.
What are the penalties for noncompliance?
OSHA may issue citations and monetary penalties to employers that fail to comply with recordkeeping requirements. Common recordkeeping violations include failing to maintain required forms, failing to record a recordable injury or illness, misclassifying an incident, and failing to update records by required deadlines.
Employers should also be prepared to produce their OSHA 300 Log and related records during an OSHA inspection. If these records are incomplete, inaccurate, or unavailable, OSHA may issue citations and assess penalties. Recordkeeping violations can result in significant fines, particularly when they involve multiple deficiencies, repeated violations, or a pattern of noncompliance. In addition to potential monetary penalties, poor recordkeeping may raise questions about an employer's safety practices and make it more difficult to defend against workplace safety allegations.
Regularly reviewing recordkeeping procedures and ensuring records are completed accurately and on time can help employers avoid unnecessary enforcement actions and penalties. If you have questions about your recordkeeping obligations, Bricker Graydon Wyatt can help identify potential compliance gaps and strengthen your recordkeeping practices.
