Reminder: OSHA Form 300A Posting Requirement

Employers are required to comply with the Occupational Safety and Health Administration’s (OSHA) accident, illness or injury reporting and posting requirements unless they are specifically designated as exempt. On February 1, 2022, most company worksites will be required to post a completed OSHA Form 300A, Summary of Work Related Injuries and Illnesses. The form must remain posted until April 30, 2022, in a location that is easily accessible and frequently seen by all employees.

Certain industries and companies which have 10 or fewer employees may be exempt from this OSHA 300A posting requirement. A complete listing of exempt industries can be found at www.osha.gov. Even if your company or industry meets the criteria for exemption from the posting requirement, the worksite itself will not be exempt if it experienced a recordable, work related injury during the 2021 calendar year.

The following are general rules regarding OSHA recordkeeping and posting requirements:

1. Accident reporting requirements apply to all employers.
   Within 8 hours the employer must report by telephone or in person to the nearest OSHA office any accident that results in one or more fatalities or work related inpatient hospitalizations.
2. Posting requirements apply to all employers.
   
   

• Regardless of the size of your business, if you have any employees, you must display current OSHA posters which inform employees of their job safety rights.
• Material Safety Data Sheets (MSDS) must be written and available on request.
• Form 300A must be displayed by most employers to allow employees to see and review from February 1 – April 30 of each year

If an employer has an employee with a confirmed COVID-19 case and the work environment was likely the cause or contributing factor of the illness then the COVID-19 case might be recordable if the one of the following occurs:

1. Medical treatment (beyond first aid) is provided, such as prescription medication.
2. Restricted duty is imposed by the treating physician or the employer.
3. Days away from work (lost time) is imposed by the treating physician (Due to the virus the employee is kept away from work and cannot work at home.)

Given what we know about the virus currently, it is more likely that medical treatment and/or days away (lost time) will occur with COVID-19.

Here is what OSHA has specifically said on the recording of a confirmed COVID-19 case:

COVID-19 can be a recordable illness if a worker is infected as a result of performing their work-related duties. However, employers are only responsible for recording cases of COVID-19 if all of the following are met:

1. The case is a confirmed case of COVID-19;
   
2. The case is work-related, as defined by 29 CFR 1904.5; and
3. The case involves one or more of the general recording criteria such as medical treatment beyond first-aid or days away from work.

A company’s best defense against the potential expense and aggravation related to federal or state law violations is to proactively review and revise as needed all Human Resources policies, handbooks, hiring procedures, compensation, benefits, training programs, communications tools and other functions. The professionals of PHHR are ready to assist your organization with this type of training as well as to maintain compliance with the latest state and federal mandates.

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Paul Hilton is a certified Human Resources Consultant, located in Columbia, SC.
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