Labor Law Issue: Injury/Illness Summary (Form 300A) Must Be Posted Starting February 1 January 20, 2009 Is my company required to post the Form 300 beginning February 1?
A free Log 300 wizard is available at www.calbizcentral.com to help a business determine whether it is subject to recordkeeping requirements.
If your company had 10 or fewer employees at all times during the last calendar year, your company does not need to keep Cal-OSHA injury and illness records.
This exemption also applies if your company’s Standard Industrial Classification (SIC) code is included in Table 1 of Article 2 of the regulations adopted by California’s Division of Labor Statistics and Research.
Employers are responsible for providing a safe and healthful workplace for their employees. The role of the federal Occupational Safety and Health Administration (OSHA) is to assure the safety and health of U.S. workers by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.
OSHA or the U.S. Bureau of Labor Statistics may ask you to participate in a random survey to provide records as detailed in the provisions of Section 14300.41 or Section 14300.42.
Form 300, 300A
The Form 300 is used to record, or log, all injuries and illnesses, except those that have been determined to be first aid only. Typically, the Form 300 is not posted because there may be employee privacy issues involved.
As an employer, you are not to include the employee’s name for specific injuries or illnesses listed in Section 14300.29(b)(7), such as needle sticks, HIV infection, hepatitis, sexual assault and others. In addition, an employee suffering from an injury or illness not listed as a privacy issue may request that his/her name not be entered on the log.
Another form, the 300A, must be completed and posted beginning February 1. This form contains a summary of the total number of job-related injuries and illnesses that occurred during the previous year. Employers are required to post only the summary (Form 300A) — not the Form 300 (Log) — from February 1 to April 30.
The summary must list the total number of job-related injuries and illnesses that occurred in the previous year and were logged on the Form 300 (Log). Employment information about the annual average number of employees and total hours worked during the calendar year also is required to assist in calculating incidence rates. Companies with no recordable injuries or illnesses in the previous year must post the summary with zeros on the “total” line. A company executive must certify all establishment summaries.
The form is to be displayed in a common area where notices to employees usually are posted. 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.
All employers covered by California’s safety and health regulations need to comply with safety and health standards and must report verbally within eight hours to the nearest OSHA office all fatal accidents or the hospitalization of three or more employees. Those employers exempt from the recordkeeping requirements must continue to file reports of occupational injuries and illnesses with the state Division of Labor Statistics and Research.
For more information on Form 300 filing and posting requirements, visit www.hrcalifornia.com. Copies of the OSHA Forms 300, 300A and 301 are available.
Where Can You Get More Information? Check out the Compliance Section of the Chamber Store. The Chamber is where you can get the HR Handbook for California and the California Labor Digest at the LOWEST price! Napa Chamber members are able to receive all of their required products at greatly reduced rates. Contact Lynn Page at (707) 254-1145 or click here to visit our online Chamber Store.
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