Monthly Compliance Calendar Alert – Keep Your Company Compliant in February: OSHA Recordkeeping and Safety

• _{Not applicable to HUB100 or GHR Hotline Clients}

Holidays

• President’s Day (George Washington’s Birthday) February 19

Important Dates and Deadlines for this Month

February 1

• For certain employers the OSHA 300A must be posted in a conspicuous place visible to all employees i.e., bulletin boards, lunchroom, or near time clock, and must protect employee’s confidential information) from February 1-April 30. The summary must be posted even if there were no recordable injuries or illnesses, and each column total is zero.

Topics to Discuss and/or Review

1. Review OSHA Injury and Illness recordkeeping and reporting requirements for serious work-related injuries and illnesses. For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”

• Many employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. (Certain low-risk industries are exempted.)
• Employers with 250 or more employees that are subject to OSHA's recordkeeping requirements and employers with 20-249 employees in certain high-risk industries (those listed in appendix A to subpart E of 29 C.F.R. Part 1904) must submit the injury and illness data from Form 300A to OSHA by March 2 of each year.
• Effective January 1, 2024, employers with 100 or more employees in certain designated industries (those listed in appendix B to subpart E of 29 C.F.R. Part 1904) are required to electronically submit detailed information about each recordable injury and illness from their OSHA Forms 300 and 301 annually, in addition to data from their Form 300A. These organizations may submit required data for calendar year 2023 beginning January 2, 2024, via OSHA's electronic portal, known as the Injury Tracking Application(ITA). The annual deadline is March 2. OSHA requires an employer to electronically submit its Employer Identification Number (EIN) along with their injury and illness data. Employers must submit injury and illness data via the ITA. The amendments also expand the list of high-risk industries in which employers with 20 or more employees must electronically submit information from their OSHA Form 300A Annual Summary of Work-Related Injuries and Illnesses.
• Minor injuries requiring first aid only do not need to be recorded. Employers should understand that each employer covered by the Occupational Safety and Health Act of 1970 must report to OSHA any workplace incident resulting in a fatality or an inpatient hospitalization. This is a separate requirement than the OSHA 300 reporting requirement. 
• Many employers are required to electronically submit information from their Form 300A Summary to OSHA.
• How does OSHA define a recordable injury or illness?
• How does OSHA define first aid?
• The records must be maintained at the worksite for at least five years. Each February through April, employers must post a summary of the injuries and illnesses recorded the previous year. Also, if requested, copies of the records must be provided to current and former employees, or their representatives.
• Employers must report any worker fatality within 8 hours and any amputation, loss of an eye, or hospitalization of a worker within 24 hours.
• OSHA has issued temporary enforcement guidance related to the COVID-19 pandemic for Recording and Reporting Occupational Injuries and Illnesses. See the Regulations and other requirements

2. Set-up or review OSHA Recommended Safety and Health Programs (Some states have their own plan). several state OSHA programs now require employers to adopt some form of an Illness Injury Prevention Program or Workplace Safety and Loss Prevention Programs. For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”

• For clients with access to the Forms Library see: “Occupational Safety and Health Plans by State” located in the Safety > Safety, Disaster & Evacuation Plans & Policies folder
• Check State or local directives for any additions to add to plan with respect to COVID-19 Pandemic.
  • For clients with access to the Forms Library see: “Coronavirus (COVID-19)- Health and Safety” located in the CORONAVIRUS > Safety - Positive or Exposed, Masks, Social Distancing, Testing etc. folder.
  • For clients with access to the Forms Library see: “Coronavirus (COVID-19) - State Safety-Training Requirements” located in the CORONAVIRUS > State-Specific Information (Reopening, Unemployment, Orders) folder.

3. Review or Revise General Safety Manual or State Plan Manual, communicate and distribute to employees. For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”

• We can facilitate a review of the safety manual via our partnered safety expert Trivent Safety Consultants, whom we have worked out preferential pricing for our clients. Please let us know if you would like us to connect you with them by emailing sales@guardian-hr.com

4. Establish a Safety Team that will be responsible for Safety Compliance for the year (i.e. implementation of the safety program, make plans, coordinate activities, and track progress) and select a representative (along with an alternate) that will interact with government agency representatives in the event of an OSHA Investigation. For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”

• For clients with access to the Forms Library see: “Protocols for handling OSHA inspections” located in the Safety > OSHA folder

5. Work with the Safety Team to implement a Safety meeting schedule to keep track of compliance, to address any issues raised, and encourage employee Safety and Health awareness throughout the year. For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”

• Designate a subject for each safety meeting like going over the Company’s emergency procedure, heat and illness prevention, any safety regulations specific to the Company’s industry, or discuss workplace violence prevention, safety protection tips etc. to ensure compliance and retention of policies.

6. Provide applicable training to employees on OSHA Rules, any Safety training provisions required by State or local directives, Safety Standards as set out in the Company’s safety plan, procedures for reporting and investigating potential hazards injuries or illnesses, communicable diseases and how to handle them in the workplace, emergency procedures and/or closures, workplace violence prevention, reporting and investigation procedures, Smoking Policy, Visitor Policy, Bomb Threat Policy, fire safety and drills, and Active Shooter Emergency Response Policy. For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”

7. Evaluate the workplace for potential hazards or any necessary security measures required. For clients with access to the Forms Library, references to this section can be found in the folder “Safety.”

• Are there security measures in place? (Access badges, Employee I.D.s, electronic surveillance in work areas, traffic control, security team).
• Are employee’s workplace or is the facility sufficiently lit, are facilities easily accessible for disabled individuals, are employees working in ergonomic positions?
• Are minors prohibited from working in hazardous positions? (Check state law).
• Does the Company have an infectious or communicable disease policy?

Tips

More information in reference to the topics discussed in this month’s compliance calendar can be found in our comprehensive online Forms Library, which is available to members 24/7. 

Note: This calendar is designed to help our clients review the key human resources-related reporting and notice requirements that may apply to their organizations. Please note that this list is for general reference purposes only and is not all-inclusive. Many of the compliance requirements are complex ERISA or other statutory legal filings and responsibilities may vary depending on your company’s plans. We encourage you to consult with your insurance brokers, plan administrators, and/or your ERISA and tax advisors for further guidance.