The OSHA Form 300A Explained…

Published by Samantha Zullo-Spooner on January 16, 2023

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The OSHA Form 300 is used by employers to record all reportable injuries and illnesses that occur in the workplace each year, where and when they occur, the nature of the case, the name and job title of the sick or injured employee, and the number of days the employee missed work or was restricted to light duty as a result. Employers with ten or more FTE (full-time employees) are required by law to keep a record of these incidents, and must document them if they result in the following:

Death

Days away from work

Medical treatment beyond first aid

Loss of consciousness, or

A significant injury or illness diagnosed by a physician or other licensed health care professional.

Each incident of recordable injury or illness must be documented on the OSHA 300 Log and the Form 301 Incident Report within seven calendar days after the employer receives notice that the injury or illness occurred.

The OSHA Form 300A is the Summary of Work-Related Injuries and Illnesses, which is required by law to be posted in the workplace annually, for three months, from February 1 until April 30. At the end of each calendar year, Form 300A must be completed and certified by a company executive as correct and complete and posted in the workplace where notices to workers are usually posted.

Form 301 is the Injury and Illness Incident Report, which is used to record information on how each injury or illness case occurred. Employers are required to categorize workplace injuries and illnesses as one of the following:

1. Injury

2. Skin disorder

3. Respiratory condition

4. Poisoning

5. Hearing loss

6. All other illnesses

Employers must record days of job transfer or work restriction, including any days away from work (calendar days). If an injury or illness causes an employee to miss work, the employer must record weekend days, holidays, and other days that the worker might not have been scheduled to work. Employers may limit days away from work to 180 days.

There are certain issues that may arise from the above-mentioned illnesses or injuries that require cases to be handled as a privacy case, with all information related to the incident kept confidential.

Employers are prohibited from releasing the employee’s name publicly or entering it on the OSHA 300 Log in the following instances:

The injury or illness occurred to an intimate body part or the reproductive system

Sexual assaults

Mental illnesses

HIV infection, hepatitis, or tuberculosis

Needlestick injuries and cuts from sharps where the objects are contaminated with another person’s blood

In privacy cases, a separate confidential list of employee names must be kept. Employers have the right to use discretion in describing the sensitive nature of the injury where the worker’s identity would be known. All employees on the payroll are covered by the OSHA 300 Log recording requirements – including all hourly, salaried, executive, part-time, seasonal, or migrant workers. If the employer supervises workers daily, but they are not on the employer’s payroll, (i.e., temporary workers, employees of employee leasing services, personnel supply services, and contractors), any illnesses or injuries that occur to these workers must also be recorded.

OSHA retention rules require employers to save the OSHA 300 Log, Form 300A and the Form 301 Incident Report, and privacy case lists for five years. New recordable injuries or illnesses must also be documented on the OSHA 300 Log. In certain cases, a work-related fatality, or a work-related incident where three or more employees are hospitalized because of a chemical spill or exposure to fumes, the employer must report the fatality or hospitalizations by phone or in person to the nearest OSHA office. If an employee requests it, employers must furnish copies of the OSHA 300 Logs and Form 301 Incident Report by the end of the next business day. Employers must also provide access to injury and illness records to current and former employees, their personal representatives, and their authorized employee representative (union representative), and the names of the impacted employees must be left on the OSHA 300 Log unless it involves a privacy concern case. An exception is when an authorized employee representative asks for a copy of the Form 301 Incident Report – in this case, the employer is only required to give copies of the part of the form that contains information about the case, with all personal information about the employee removed, within seven calendar days. Employers are not allowed to use the Health Insurance Portability and Accountability Act (HIPAA) as a basis for removing any employee’s name from the Log before providing access to employees.

OSHA 300 Logs provide valuable information for workers and local unions in the evaluation of types, frequency, and severity of workplace injuries and illnesses. This information can be used to identify the location and nature of workplace hazards that should be eliminated or controlled. However, they do not provide a complete and accurate accounting of all the injuries and illnesses experienced in a workplace, nor are all injuries and illnesses required to be recorded.

A few examples of those that may not be recorded on an OSHA 300 Log include:

An assault on a worker by a patient or client that does not result in treatment of more than first aid

Musculoskeletal disorders that an employer does not accept as work-related

Early signs and symptoms of some musculoskeletal disorders

Many occupational illnesses (cancer and other illnesses) that an employer does not accept as work-related

Work-related stress, and

Injuries which result in lost time or restricted activity only for the day of the incident

Employer policies, programs, and practices may discourage workers from reporting injuries and illnesses. Safety incentive programs that offer prizes to workers who do not report injuries and injury discipline policies that threaten discipline to workers who do report, have both been shown to decrease the reporting of workplace injuries and illnesses. The OSHA standard that requires these injury and Illness records to be maintained is 29 CFR 1904. The entire standard can be accessed by visiting the OSHA website: www.osha.gov. Click on regulations, then Part 1904, Recording and Reporting Occupational Injuries and Illnesses.