PUBLICATIONS

Legal Alert: Reminder: OSHA Injury & Illness Summaries Must be Posted on February 1

Date   Jan 24, 2007
This is a reminder that beginning February 1, employers who are not exempt from this requirement must post OSHA Form 300A, which is a summary of the total number of job-related injuries and illnesses that occurred in the preceding year.
This is a reminder that beginning February 1, employers who are not exempt from this requirement (see the list below) must post OSHA Form 300A, which is a summary of the total number of job-related injuries and illnesses that occurred in the preceding year. Employers must also provide information about the annual average number of employees and total hours worked during the calendar year to assist in calculating incidence rates.
 
The 300A Summary must be posted from February 1 through April 30, 2007, in the area normally used by employers to post employee notices. Employers must make a copy of the summary available to employees who move from worksite to worksite, such as construction workers, and employees who do not report to any fixed establishment on a regular basis.
 
A company executive should sign or certify the Summary and complete each line, including the "total" line of the Summary posting "zeros" wherever necessary. Even companies who had no recordable injuries or illnesses in 2006 must post the form with zeros in the total line.
 
Employers should not post the OSHA 300 Log as it contains confidential medical information.
 
Employers are exempt from this requirement if they employ ten or fewer employees. Additionally, employers in the industry groups listed below are normally exempt from federal OSHA injury and illness recordkeeping and posting requirements (this list was taken from OSHA's web site, http://www.osha.gov/recordkeeping/ppt1/RK1exempttable.html). A few otherwise exempt employers must maintain records if they are selected to participate in the Annual Survey of Occupational Injuries and Illnesses. They will be notified in advance and supplied with the necessary forms and instructions.
 
Airline employers must record and post all injuries and illnesses for all employees; however, they are not required to either record or post injuries or illnesses of flight crews (airline pilots, engineers, flight attendants) while these employees are in an aircraft performing their job duties. If a flight crew member is injured outside the aircraft, and the injury is work-related and not subject to an exception, the airline employer must record and post these injuries.
 
Note that all employers, even if otherwise exempt because of company size or industry classification, must report to OSHA any workplace injury that results in a fatality or the hospitalization of three or more employees.

List of Partially Exempt Industries

SIC Code

Industry Description

SIC Code

Industry Description

525

Hardware Stores

725

Shoe Repair and Shoeshine Parlors

542

Meat and Fish Markets

726

Funeral Service and Crematories

544

Candy, Nut, and Confectionery Stores

729

Miscellaneous Personal Services

545

Dairy Products Stores

731

Advertising Services

546

Retail Bakeries

732

Credit Reporting and Collection Services

549

Miscellaneous Food Stores

733

Mailing, Reproduction, & Stenographic Services

551

New and Used Car Dealers

737

Computer and Data Processing Services

552

Used Car Dealers

738

Miscellaneous Business Services

554

Gasoline Service Stations

764

Reupholstery and Furniture Repair

557

Motorcycle Dealers

78

Motion Picture

56

Apparel and Accessory Stores

791

Dance Studios, Schools, and Halls

573

Radio, Television, & Computer Stores

792

Producers, Orchestras, Entertainers

58

Eating and Drinking Places

793

Bowling Centers

591

Drug Stores and Proprietary Stores

801

Offices & Clinics Of Medical Doctors

592

Liquor Stores

802

Offices and Clinics Of Dentists

594

Miscellaneous Shopping Goods Stores

803

Offices Of Osteopathic Physicians

599

Retail Stores, Not Elsewhere Classified

804

Offices Of Other Health Practitioners

60

Depository Institutions (banks & savings institutions)

807

Medical and Dental Laboratories

61

Nondepository Institutions (credit institutions)

809

Health and Allied Services, Not Elsewhere Classified

62

Security and Commodity Brokers

81

Legal Services

63

Insurance Carriers

82

Educational Services (schools, colleges, universities and libraries)

64

Insurance Agents, Brokers, & Services

832

Individual and Family Services

653

Real Estate Agents and Managers

835

Child Day Care Services

654

Title Abstract Offices

839

Social Services, Not Elsewhere Classified

67

Holding and Other Investment Offices

841

Museums and Art Galleries

722

Photographic Studios, Portrait

86

Membership Organizations

723

Beauty Shops

87

Engineering, Accounting, Research, Management, and Related Services

724

Barber Shops

899

Services, not elsewhere classified

If you have questions regarding this issue or other OSHA-related issues, please contact the Ford & Harrison attorney with whom you usually work or Pedro Forment, pforment@fordharrison.com, (305) 808-2104.