Monday, September 15, 2014

OSHA Updates Recordkeeping Rule [Jan 1, 2015]

Tightening its standards, the government issued new regulations that will require employers to file a detailed report within eight hours on fatal workplace accidents. Severe on-the-job injuries that do not result in deaths but require hospitalization must be reported within 24 hours, under the new rules which take effect Jan. 1 2015.

Previously, OSHA’s regulations required such reports only if three or more workers were killed or hospitalized as a result of a workplace accident. The new 24-hour reporting requirement includes work-related hospitalizations, amputations or losses of an eye.

Many states already have these or stricter requirements on the books. The new rule follows the release earlier in the day of a Bureau of Labor Statistics report that 4,405 workers were killed on the job in the United States in 2013.

The new rule maintains the current exemption for any employer with 10 or fewer workers from the requirement to routinely keep records of worker injuries and illnesses.

Two Key Changes:

First, the rule updates the list of industries that are exempt from the requirement to routinely keep OSHA injury and illness records, due to relatively low occupational injury and illness rates.

The previous list of industries was based on the old Standard Industrial Classification (SIC) system and injury and illness data from the Bureau of Labor Statistics (BLS) from 1996, 1997, and 1998.

The new list of industries that are exempt from routinely keeping OSHA injury and illness records is based on the North American Industry Classification System (NAICS) and injury and illness data from the Bureau of Labor Statistics (BLS) from 2007, 2008, and 2009.

Note: The new rule retains the exemption for any employer with ten or fewer employees, regardless of their industry classification, from the requirement to routinely keep records.

Second, the rule expands the list of severe work-related injuries that all covered employers must report to OSHA. The revised rule retains the current requirement to report all work-related fatalities within 8 hours and adds the requirement to report all work-related in-patient hospitalizations, amputations and loss of an eye within 24 hours to OSHA.

Establishments located in States under Federal OSHA jurisdiction must begin to comply with the new requirements on January 1, 2015.

Note: Establishments located in states that operate their own safety and health programs (State Plan States) should check with their state plan for the implementation date of the new requirements. OSHA encourages the states to implement the new coverage provisions on 1/1/2015, but some may not be able to meet this tight deadline.

Before and After

Previously, employers had to report the following to OSHA:

  • All work-related fatalities
  • Work-related hospitalizations of three or more employees

Starting in 2015, employers will have to report the following to OSHA:

  • All work-related fatalities
  • All work-related inpatient hospitalizations of one or more employees
  • All work-related amputations
  • All work-related losses of an eye

An amputation is defined as: the traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; and amputations of body parts that have since been reattached.

Employers must report work-related fatalities within 8 hours of finding out about them.
Employers only have to report fatalities that occurred within 30 days of a work-related incident.

For any inpatient hospitalization, amputation, or eye loss employers must report the incident within 24 hours of learning about it. Employers only have to report an inpatient hospitalization, amputation or loss of an eye that occurs within 24 hours of a work-related incident.

Employers have three options for reporting the event:

  1. By telephone to the nearest OSHA Area Office during normal business hours.
  2. By telephone to the 24-hour OSHA hotline at 1-800-321-OSHA (6742).
  3. OSHA is developing a new means of reporting events electronically, which will be available soon at

Employers reporting a fatality, inpatient hospitalization, amputation or loss of an eye to OSHA must report the following information:

  • Establishment name
  • Location of the work-related incident
  • Time of the work-related incident
  • Type of reportable event (i.e., fatality, inpatient
  • hospitalization, amputation or loss of an eye)
  • Number of employees who suffered the event
  • Names of the employees who suffered the event
  • Contact person and his or her phone number
  • Brief description of the work-related incident

Employers do NOT have to report an event if it:

  • Resulted from a motor vehicle accident on a public street or highway. 
    • Note: Employers must report if the event happened in a construction work zone.
  • Occurred on a commercial or public transportation system (airplane, subway, bus, ferry, streetcar, light rail, train).
  • Occurred more than 30 days after the work- related incident in the case of a fatality or more than 24 hours after the work-related incident in the case of an inpatient hospitalization, amputation, or loss of an eye.
    • Note: Employers do not have to report an inpatient hospitalization if it was for diagnostic testing or observation only. 
    • Note: Employers do have to report an inpatient hospitalization due to a heart attack, if the heart attack resulted from a work-related incident.

New List of Partially Exempt Industries

4412 Other Motor Vehicle Dealers
4431 Electronics and Appliance Stores
4461 Health and Personal Care Stores
4471 Gasoline Stations
4481 Clothing Stores
4482 Shoe Stores
4483 Jewelry, Luggage, and Leather Goods Stores
4511 Sporting Goods, Hobby, and Musical Instrument Stores

4512 Book, Periodical, and Music Stores
4531 Florists
4532 Office Supplies, Stationery, and Gift Stores
4812 Nonscheduled Air Transportation
4861 Pipeline Transportation of Crude Oil
4862 Pipeline Transportation of Natural Gas
4869 Other Pipeline Transportation
4879 Scenic and Sightseeing Transportation, Other
4885 Freight Transportation Arrangement
5111 Newspaper, Periodical, Book, and Directory Publishers
5112 Software Publishers
5121 Motion Picture and Video Industries
5122 Sound Recording Industries

5151 Radio and Television Broadcasting
5172 Wireless Telecommunications Carriers (except Satellite)
5173 Telecommunications Resellers
5179 Other Telecommunications
5181 Internet Service Providers and Web Search Portals
5182 Data Processing, Hosting, and Related Services
5191 Other Information Services
5211 Monetary Authorities - Central Bank

5221 Depository Credit Intermediation
5222 Nondepository Credit Intermediation
5223 Activities Related to Credit Intermediation
5231 Securities and Commodity Contracts Intermediation and Brokerage
5232 Securities and Commodity Exchanges
5239 Other Financial Investment Activities
5241 Insurance Carriers
5242 Agencies, Brokerages, and Other Insurance Related Activities
5251 Insurance and Employee Benefit Funds
5259 Other Investment Pools and Funds
5312 Offices of Real Estate Agents and Brokers
5331 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)
5411 Legal Services

5412 Accounting, Tax Preparation, Bookkeeping, and Payroll Services
5413 Architectural, Engineering, and Related Services
5414 Specialized Design Services
5415 Computer Systems Design and Related Services
5416 Management, Scientific, and Technical Consulting Services
5417 Scientific Research and Development Services
5418 Advertising and Related Services
5511 Management of Companies and Enterprises

5611 Office Administrative Services
5614 Business Support Services
5615 Travel Arrangement and Reservation Services
5616 Investigation and Security Services
6111 Elementary and Secondary Schools
6112 Junior Colleges
6113 Colleges, Universities, and Professional Schools
6114 Business Schools and Computer and Management Training
6115 Technical and Trade Schools
6116 Other Schools and Instruction
6117 Educational Support Services
6211 Offices of Physicians
6212 Offices of Dentists

6213 Offices of Other Health Practitioners
6214 Outpatient Care Centers
6215 Medical and Diagnostic Laboratories
6244 Child Day Care Services
7114 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures
7115 Independent Artists, Writers, and Performers
7213 Rooming and Boarding Houses
7221 Full-Service Restaurants

7222 Limited-Service Eating Places
7224 Drinking Places (Alcoholic Beverages)
8112 Electronic and Precision Equipment Repair and Maintenance
8114 Personal and Household Goods Repair and Maintenance
8121 Personal Care Services
8122 Death Care Services
8131 Religious Organizations
8132 Grantmaking and Giving Services
8133 Social Advocacy Organizations
8134 Civic and Social Organizations
8139 Business, Professional, Labor, Political, and Similar Organizations

Industries That Include Establishments Newly Required to Keep Records

3118 Bakeries and tortilla manufacturing
4411 Automobile dealers
4413 Automotive parts, accessories, and tire stores
4441 Building material and supplies dealers
4452 Specialty food stores
4453 Beer, wine, and liquor stores
4539 Other miscellaneous store retailers
4543 Direct selling establishments
5311 Lessors of real estate
5313 Activities related to real estate
5322 Consumer goods rental
5324 Commercial and industrial machinery and equipment rental and leasing
5419 Other professional, scientific, and technical services
5612 Facilities support services
5617 Services to buildings and dwellings
5619 Other support services
6219 Other ambulatory health care services
6241 Individual and family services
6242 Community food and housing, and emergency and other relief services
7111 Performing arts companies
7113 Promoters of performing arts, sports, and similar events
7121 Museums, historical sites, and similar institutions
7139 Other amusement and recreation industries
7223 Special food services
8129 Other personal services

OSHA Links:

Thank you for reading.


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