The Occupational Safety and Health Administration (OSHA) of the Department of Labor has developed the elaws Advisor to address the federal requirement to report and record work-related injuries and illnesses. The OSHA Recordkeeping Advisor is intended to help determine:
-Whether an injury or illness (or related event) is work-related
-Whether an event or exposure at home or on travel is work-related
-Whether an exception applies to the injury or illness
-Whether a work-related injury or illness needs to be recorded
-Which provisions of the regulations apply when recording a work-related case
The OSHA Recordkeeping Advisor presents questions and relies on responses to determine the appropriate course of action. The Advisor does not store any information. If the Advisor does not address the circumstances of a particular case, please contact OSHA or obtain expert advice.
Some employers may be exempt from OSHA's recordkeeping rules, for example those with 10 or fewer employees during the previous calendar year and those classified in specific industries. If you are unsure whether your company or business is covered by the requirements, please see, OSHA's regulations at 29 CFR 1904.1, Partial exemption for employers with 10 or fewer employees; 29 CFR 1904.2, Partial exemption for establishments in certain industries; and 29 CFR 1904.3, Keeping records for more than one agency; and Appendix A (the list of industries). Employers in States with OSHA-approved State plans should contact their States for information on State-specific exemptions. In addition, public sector employers in these States are subject to State recordkeeping regulations.
While using this Advisor, please remember that you should treat incidents such as any cut, laceration, needlestick, splash with bodily fluid, or exposure to tuberculosis as an injury or illness. (The Advisor addresses "privacy concern cases" as needed.) Furthermore, a Standard Threshold Shift (STS) in hearing in one or both ears, any significant diagnosed injuries and illnesses, and cases involving medical removal under an OSHA standard should be considered injuries or illnesses for the purposes of this Advisor.
The OSHA Recordkeeping Advisor is written in plain language and intended to assist employers, especially small business employers, in understanding their recordkeeping requirements under OSHA regulations. It is not, however, a substitute for the OSHA Recordkeeping Rules 29 CFR 1904, the OSHA Recordkeeping Handbook or for the OSHA Recordkeeping Related Letters of Interpretation. For those who wish to read exact regulatory language, links are provided throughout the Advisor where appropriate.
OSHA's Injury and Illness Recordkeeping page links to the Recordkeeping Advisor and other guidance materials to help employers understand and comply with Federal recordkeeping and reporting requirements.
The OSHA Recordkeeping Advisor is one of a series of elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors developed to help employers and workers understand federal employment laws. A full list of Advisors can be found at the elaws Web site.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.