“Care, Protect, Grow”: The U.S. Compliance Blog

According to the Bureau of Labor & Statistics (BLS), there were 1,030 confined space entry fatalities across all fifty states from 2011 to 2018. In addition, confined space fatalities increased from 120 in 2011 to 148 in 2018.

Permit or Non-Permit?

For those that may not know, in 29 CFR 1910.146(b), OSHA defines a confined space as any space that (1) is large enough and so configured that an employee can bodily enter and perform assigned work, (2) has limited or restricted means for entry and exit, and (3) is not designated for continuous employee occupancy.

Once the confined space applicability has been established, the employer must determine the permit applicability of the space. This is completed by evaluating to see if any of the three following hazards exist: (1) Hazardous Atmosphere, (2) Contains material or has a configuration that has the potential to engulf or entrap, and/or (3) Contains other recognized serious safety or health hazard. This second evaluation step is where you, as the employer, determine if the space is permit-required or not. A flow chart is listed below to help you assess the spaces at your facility.

It’s important to note that non-permit does not necessarily mean non-hazardous. Keep in mind that during the entrance to the space conditions, hazards and the scope of work may change. This makes it necessary for you, as the employer, to re-evaluate the space.

Can a Permit-Required Confined Space be re-classified as a Non-Permit Space and if so, what are the criteria?

Yes, a permit-required confined space may be reclassified into a non-permit confined space under certain conditions. Essentially, a non-permit confined space involves a confined space that does not contain or, with respect to atmospheric hazards, have the potential to contain any hazard capable of causing death or serious physical harm.

To re-classify a permit-required confined space into a non-permit confined space, you must do the following:

• If the permit-required space poses no actual or potential atmospheric hazards (and you’ve tested and inspected the space to ensure that), and if all hazards within the space are eliminated without entry into the space, the permit space may be reclassified as a non-permit space for as long as the non-atmospheric hazards are eliminated.
• You must document the basis for determining that all hazards in a permit space have been eliminated through a certification that contains the date, the location of the space, and the signature of the person making the determination. The certification shall be made available to each employee entering the space or to that employee’s authorized representative.
• Note: Control of atmospheric hazards through forced air ventilation does not constitute the elimination of the hazards.

What does this mean for my facility and my team?

As an employer, you may be thinking, “our employees don’t enter confined spaces—it’s the contractor’s responsibility.” However, just because your employees do not enter the space directly does not mean that you can overlook the entrance process and the hazards associated with it.

OSHA states that there are three designations for employers: the entry, the host, and the controlling contractor/employer. For example, if a company is leasing a building and needs a contractor to come onsite and clean out a pit or work on a large machine, the owner of the building or property would be the host employer. The company operating in that space would be the controlling employer, and the contractor would be the entry employer.

To put it simply, the host employer is the employer that owns or manages the property where the entrance is being completed. The controlling employer is the employer with the overall responsibility for the entrance. Lastly, the entry employer/contractor is the one who decides if the space will be entered and should communicate with the controlling employer to determine what hazards exist inside the respective confined space and, most importantly, how to control said hazards and protect employees prior to entry.

Strategies for Safe Entry

Often, companies today are contracting out confined space entry because of the scope of the job being completed, and because of the risks associated with the entrance. That can often lead to confusion or ignorance when it comes to confined space entry. Below are the key steps for a safe entry, regardless of the entrant or the host/controlling employer.

1. Complete a documented assessment of the spaces at your facility for permit applicability.
2. Post notice of permit-required confined spaces at their access points.
3. Determine if your employees will be entering any permit-required confined spaces.
4. If your employees will be entering permit-required confined spaces, review specific employee responsibilities and rescue plans before entering any permit-required confined spaces.
5. If any atmospheric hazards may be present, make sure to complete air monitoring prior to entry and throughout the job at the front, middle, and back of the space.
6. Implement controls for all other hazards, including lockout/tagout, the use of PPE, fall protection, and air monitoring.
7. Train employees in confined space entry, awareness, and hazard recognition.
8. Practice the training through confined space entry drills. If offsite rescue is being used, invite them to the drill as well.

If you need assistance determining permit applicability or evaluating your facility’s confined spaces, U.S. Compliance can offer the resources and guidelines to ensure safe working conditions and maintain compliance.

What is Industrial Hygiene?

The American Industrial Hygiene Association (AIHA) defines industrial hygiene as “a science and art devoted to the anticipation, recognition, evaluation, control, and confirmation of protection from those environmental factors or stresses arising in or from the workplace which may cause sickness, impaired health and well being, or significant discomfort among workers or among citizens of the community.”

How to Conduct a Site Survey

1. Conduct a Walkthrough Survey 

When questioning what type of monitoring or where monitoring is needed in a facility, it is recommended to start with a facility walkthrough. The walkthrough is needed to identify the different areas of the facility, how they are separated, and what processes take place in the different areas. Looking at the roof lines of the facility can help determine what areas would be exposed to similar contaminants based on the materials used or processes performed in those areas.

You also want to take note of anything you hear, see, smell, or touch when completing the walkthrough. Do you notice that certain areas are much noisier than others? Do you notice strong smells of any sort in any area or around a specific process? Do you see anything that is concerning, such as a dust cloud when an employee empties a bag of powdered material into a tank? Do you touch anything like oil mist on the floor as you are walking?

2. Identify Potential Concerns 

When looking to identify potential concerns, direct exposure must be assessed. Direct exposure occurs when an employee is exposed to a chemical or material through a process or task. The employee may directly handle the material, or they may be exposed to the material through a process.

With direct exposure, the contamination concern is the same as the material being used. For example, an employee could be exposed to alcohol vapors if they used alcohol to wipe down a product. They could also be exposed to alcohol vapors if they are working adjacent to a mixing tank where large amounts of alcohol are added. Any employee direct exposure should be assessed to determine the need for industrial hygiene monitoring.

Common hazards found in manufacturing environments include:

• Chemical Hazards
  • Gases, vapors, dusts, fumes, mists, or smoke
• Physical Hazards
  • Noise

3. Study the Relevant Processes

It is also important to access process(es) generating exposure. Process-generated exposure occurs when the process or task creates a different exposure hazard. For example, if an employee is bending a piece of metal with a press brake, there is little risk for any type of exposure. Meanwhile, if an employee is performing welding tasks on that same piece of metal, there could be several potential exposure hazards because of the weld fumes created during the process.

Any task that involves heating/cutting/mixing chemicals or materials should be accessed for process-generated exposure. The Safety Data Sheet (SDS) of the raw material(s) used in the process or task is helpful in determining potential hazards generated with exposure.

4. Conduct Monitoring

Conducting industrial hygiene monitoring is a critical step in controlling any potential hazards and important data to validate the need for mandated programs or the exemption thereof. The results of the monitoring will identify if controls are needed to keep employees safe. Even if there is no expected overexposure to a hazard, conducting baseline testing is still recommended. Baseline testing is the initial testing that identifies the level of hazard that employees are exposed to.

Testing should be completed with calibrated equipment capable of determining the time-weighted average (TWA) exposure. The time-weighted average takes into account the variable exposure through an entire shift, 8-hour workday, and 40-hour week exposure time.

While there is no required frequency for industrial hygiene testing, U.S. Compliance would recommend completing testing every 3-4 years if there are no specific concerns. Other triggers for testing would include facility changes or process changes.

Some hazards, such as lead contamination or chromium (VI) contamination, have specific testing requirements based on employee exposure. Details for specific testing requirements can be found within the OSHA regulation associated with the contaminant.

Common sampling examples include but are not limited to:

• Volatile organic compounds (VOCs)
• Dust (total particulate and respirable particulate)
• Total weld fumes
• Carbon Monoxide
• Crystalline Silica
• Isocyanates
• Oil Mists
• Acids
• Noise

5. Interpret the Results 

Once the results from monitoring are received, they will need to be compared to enforceable, applicable, and/or suggested exposure limits.

• Permissible Exposure Level (PEL)

• • The TWA concentration for a conventional 8-hour workday and a 40-hour work week, to which it is believed that nearly all workers may be repeatedly exposed, day after day, without adverse effect. As regulated by the Occupational Safety and Health Administration (OSHA).

• Occupational Exposures Limits (OELs) – Suggested exposure limits

• • • Threshold Limit Value (TLV)
      • The TWA concentration for a conventional 8-hour workday and a 40-hour work week, to which it is believed that nearly all workers may be repeatedly exposed, day after day, without adverse effect. As suggested by the American Conference of Governmental Industrial Hygienists (ACGIH).

• Recommended Exposure Level (REL)

• • • • The TWA concentration for a conventional 8-hour workday and a 40-hour work week, to which it is believed that nearly all workers may be repeatedly exposed, day after day, without adverse effect. As suggested by the National Institute for Occupational Safety and Health (NIOSH).

• Short Term Exposure Limit (STEL)

• • • The concentration to which it is believed that workers can be exposed continuously for a short period of time without suffering from irritation, chronic or irreversible damage, or narcosis that could lead to injury. The STEL is defined as a 15-minute exposure (and no more than 4 times per day with 60-minute intervals in-between).

If a monitoring result is found to be nearing the exposure limit, no action is required, although the contaminant should be monitored closely to ensure that it remains at a safe level.

If a monitoring result is found to exceed the exposure limit, controls should be implemented to protect the employee. Controls should be implemented following the below hierarchy.

If industrial hygiene monitoring results identify that there is no overexposure to a hazard, it is still a valuable result. The favorable result is documentation that the facility has provided a safe work environment for the employee.

U.S. Compliance can assist with most industrial hygiene sampling. If you need assistance with site surveys or testing, consult U.S. Compliance to maintain a safe facility.

When working around electrical equipment, are your employees aware of the requirements and hazards associated with electrical safety? OSHA and NFPA have certain guidelines and criteria to follow to maintain an Electrical Safety Program. Following these guidelines will ensure that your facility and employees are working within the correct safety precautions.

It is required for all employers to implement and maintain an electrically safe work program that directs activity based on risks associated with electrical hazards. The program must include elements that verify electrical systems and equipment to comply with applicable installation codes and standards prior to being placed in service. This also qualifies for host employers that contract out any electrical work being performed at their facility. Employers are required to meet certain OSHA and NFPA 70E compliance standards in the areas of arc flash and electrical safety. Some examples of these standards are:

• A short circuit study and development of time-current curves for protective devices
• A protective device coordination study
• Short circuit line diagrams
• Comprehensive single-line diagrams for all services in the building
• An SOP for keeping single-line diagrams up to date
• Incident energy calculations for devices included in the arc flash study
• Electrical safety training protocols (can be outlined within an electrical safety program)
• Guidance on developing an electrical safety program
• Developing an electrically energized work permit system
• Arc flash safety PPE for qualified workers who may service electrical enclosures onsite
  • Specific PPE requirements can be determined from arc flash study

Risk Assessment

Employers must develop and maintain procedures for employees to utilize before being exposed to an electrical hazard. This can be done in the form of a Risk Assessment. The elements of that risk assessment must contain the following information:

• Identifying hazards
• Assess Risk
• Implementation of controls

The Implementation of controls for hazards identified shall be done by elimination, substitution, engineering, awareness, and administrative or personal protective equipment. Once the risks have been identified and controlled, work procedures must be developed for employees to follow to ensure that hazards are not present. Once the risk assessments have been completed, work instructions or Lockout Tagout Procedures can be used as a control to ensure zero energy is obtained before working on an electrical system.

Employee Training

Once work procedures are developed and hazards have been controlled, employers must train employees as either Qualified or Unqualified Workers. As workers are identified as Qualified or Unqualified, review requirements on what additional training may be needed. For Qualified employees, Lockout Tagout training must be completed, as well as having the company’s Emergency Response Team trained in Contact Release.

Whether employers are performing this type of work in-house or having this contracted out, host employers must complete an Electrical Safety Program to review and communicate hazards in the workplace. Review OSHA and NFPA standards to ensure compliance is being maintained.

If you need assistance with your facility’s Risk Assessment or employee training, contact U.S. Compliance for guidance and helpful resources.

Ergonomic-related injuries have a dramatic effect on both employees and a business’ operations and bottom line. Understanding the potential ergonomic hazards present at a facility and having a comprehensive ergonomics program and strategy are foundational pillars in preventing injuries from occurring. This also helps to minimize the progression of minor issues into major injuries and manage injuries when they do occur. Having a plan and appropriate proactive control measures will guide operations in caring for their valuable personnel and produce a positive Return-On-Investment (ROI) for implemented strategies.

Caring for Employees

While the bottom line is always a consideration for an employer, the overall purpose of instituting an ergonomics or injury prevention program is to take care of people and send them home at the end of the day in a similar manner to which they arrived. As decent humans, nobody wants to see a person get hurt or witness the rippling impacts on an injured person, the injured person’s family, and the burden on the healthcare system. Identifying and correcting ergonomic hazards—before they occur—should always be the priority.

The encouraging news associated with proactively managing developing injuries is that there are positive impacts (which are often non-tangible or difficult to quantify) for both the employer and employees. Implementing a program that focuses on improving and reducing ergonomic hazards to prevent injuries from occurring not only protects employees but develops a positive safety culture in the workplace. The demonstration of care builds both culture and loyalty to the company. This typically aids in increasing quality of work, improving morale, and generally lowering workplace stress factors. From a hands-on perspective, simply making the job more ergonomically correct also optimizes productivity and improves general wellness because the tasks will cause less physical stress on the body.

Unfortunately, it is typically impossible to remove all hazards, so to some degree, ergonomic injuries are bound to occur. Workplace Musculoskeletal Disorders (WMSDs) tend to be cumulative in nature, in that extended exposure to hazards will progressively make a developing injury more severe and more difficult to manage. With absolute certainty, early intervention will prevent the development of more serious injuries. Experienced healthcare providers will state that early intervention or proactive care is typically more effective with both better and faster results in lieu of waiting for an injury to develop and become more severe.

The Costs of Injury

With employee care being paramount, there will realistically be direct impacts and costs associated when an employee is injured. With healthcare costs soaring, the total estimated cost (including wage losses, medical expenses, administrative expenses, and employer costs but excluding property damage) of a work-related injury in 2020 was $44,000 per medically consulted injury as per the National Safety Council (with the cost of a fatality averaging $1,310,000). While this average can be further teased apart by parts of the body affected, cause, and nature of the injury, in general, the impact of an injury at a facility is often underappreciated, and simple calculations can demonstrate the impact on the bottom line.

If a particular business were to have 10 injuries in a year that required medical consultation, the cost would be $440,000 (or 10 x $44,000). Assuming a 10% profit margin for that business, that means an extra $4.4 million in sales would be needed just to break even from the costs of injuries. That is a significant amount of capital that could potentially have been repurposed into injury prevention measures that would have also had non-tangible benefits for the business.

Beyond the high costs of an injury, when an injury requires medical consultation, most of those injuries become recordable injuries under OSHA’s Recordkeeping Regulation (29 CFR 1904). Most business managers will be familiar with those requirements and their impacts as the MOD rate associated with Workers’ Compensation insurance is directly connected to recordable injury numbers in relation to other businesses in similar industries. Further, when these injuries are reported to OSHA (either through Severe Injury Reporting Requirements, through Bureau of Labor Statistics (BLS) records requests, or through OSHA’s electronic submission of records requirements by March 2nd of each year), high injury rates can flag a business and increase the probability of a targeted regulatory inspection.

While the direct costs of injuries are quantifiable numbers, the impact on the employees and resulting impact on the business is much more difficult to quantify but should still be considered. Productivity loss is a loose term that can be used to describe other non-tangible business impacts, such as the costs associated with diminshed productivity or the decrease in quality resulting from new and/or less efficient workers needed to replace the injured person. Temporary or new employees are just not as effective as trained employees and may also cause other interpersonal or cultural disruptions in the facility culture. These factors also need to be considered in the larger context of the cost of an injury to a business.

Strategies for Prevention and ROI

The first step in building the business case for implementing a comprehensive ergonomics program is to properly understand the need. This will provide guidelines for the level of intervention most appropriate for the facility. First, estimating the true cost (both direct and indirect costs) of an injury by calculating the additional sales needed will yield a picture of the direct impact on the business.

Pending results, understanding both the direct and indirect costs of an injury and obtaining buy from the facility leadership become critical before implementing the initial stages of an ergonomics program. If senior leadership does not buy into building a proactive culture, efforts to create improvement will often be ineffective. Key elements of a proactive safety culture may include employee empowerment to express safety concerns (in non-retaliatory ways), encouraging the early reporting of symptoms of injury, and having an engaged safety committee. These are all indicators of a safety culture supported by facility leadership (note: most of these elements should be part of the facility’s Injury & Illness Prevention Program, MN AWAIR Program, Accident Prevention Program, etc.).

With the presence of proactive safety culture, the rollout of an ergonomics program addressing the facility’s specific needs will be more effective. The primary pillar of a program is to understand where key ergonomic hazards are present in the facility. Understanding where and when employees encounter ergonomic hazards (i.e., force, repetition, awkward posture, duration, and environment) will increase awareness of these potential hazards and lead to personnel subconsciously protecting themselves. Understanding these hazards typically results from conducting proper facility assessments/screenings followed by training personnel to recognize hazards.

While various ergonomic screenings are available on the market, U.S. Compliance utilizes a basic screening form as part of our standard ergonomics program. This screening form is intended as a high-level screening to identify key hazards and can be rolled out either by an EHS professional or through Safety Committee level employees. Oftentimes, and for more significant hazards or processes in which capital investments may be needed, an Advanced Ergonomics Screening that provides an in-depth assessment, a summary of hazards, and a quantified risk assessment may be justified (this level of screening is more complex and needs to be completed by an Ergonomics Specialist). Regardless of the screening type, the hazards identified need to be assessed for risk, and appropriate corrections must be implemented.

Following the facility assessment and identification of key ergonomic hazards, employees need to be trained to recognize ergonomic hazards and concepts of back-injury prevention. Employees need to understand that regardless of screening and improvements made in the facility, it is not possible to eliminate all hazards completely. Recognizing hazards and protecting oneself when possible will always be a key component in reducing injury potential.

Additional components of an ergonomics program should also include a Seated or Desk Worker Screening Process since it’s easy to forget about office personnel who also have significant ergonomic hazards from prolonged sitting and computer work. Also, considering ergonomics in the planning phases for new equipment, line set-up, or new procedures is critical in reducing the introduction of new hazards into the process. Remember, it will always be easier and more efficient to address potential issues prior to the installation of a new process or equipment. Also, ongoing monitoring and periodic re-assessments of hazards need to occur to stay on top of developing issues.

For many facilities managing all of the steps of a comprehensive ergonomics program, the complexity may require advanced knowledge of ergonomic controls to determine the most cost-effective improvements. Retaining an ergonomics professional for ongoing support may be a solid strategy, especially in multifaceted environments. While U.S. Compliance has an ergonomics subscription model for this type of support, various providers are available who can provide any or all of the elements of a program, depending upon facility needs.

At times, it will realistically be impractical to reduce or engineer out ergonomic hazards. Despite best intentions, comprehensive screening, and employee training, some hazards will still exist that cannot be controlled appropriately. In these circumstances, it becomes critical to implement a program to manage the development of injuries when they do occur. As discussed above, early intervention is critical in these circumstances.

Over the last decade, a new strategy has emerged that brings on-site care providers into facilities to proactively manage developing injuries. While these programs can have a significant upfront investment, ROI with these programs is frequently in the 6 to 10 range. While this level of ROI sounds unbelievable, it has been demonstrated as a common range after experience in a large number of programs through multiple vendors. When employees are able to conveniently see a provider on-site—before it is a significant issue—they get better, and the injury often does not progress to the point of needing medical consultation or becoming a recordable-level injury.

Beyond injury prevention, employees look at this as an added benefit of employment at the company, which can also be postured for retention of talent, decreased turnover, and aids in almost all of the previously identified non-tangible benefits of a comprehensive ergonomics program. However, caution is needed while rolling out an on-site care program as this is a ballooning industry and many providers are entering the field without proper knowledge or processes. A vetted vendor is critical to properly manage cases and have structure to ensure that treatment does not cross the line into creating recordable injuries. Documentation and understanding what can and cannot be done is vital and reputable vendors will have the processes and protocols in place to ensure these lines are not crossed.

Summary

Implementing a comprehensive ergonomics program at a facility will have a dramatic impact on proactively managing injuries at any facility, regardless of size or industry. In the current work environment, taking care of hard-to-find quality employees is a necessity and fortunately, doing so will typically have a positive ROI and impact on a company’s bottom line. However, understanding what controls and processes are appropriate for a particular facility can become complex. While an experienced ergonomics professional can aid or streamline this process, the basic steps to roll out a program include:

1. Build a proactive safety culture
2. Implement a comprehensive ergonomics program
3. Screen all significant jobs/tasks/positions for ergonomic hazards
4. Implement controls for easy and high-risk hazards
5. Train employees to recognize ergonomic hazards and back-injury prevention
6. Implement a seated/desk worker ergonomics assessment process
7. Consider ergonomics while planning phases of new equipment and processes
8. Consider on-site care providers if hazards are persistent or cannot be adequately controlled

Get guidance on how to improve your facility’s ergonomic programs with help from U.S. Compliance. Our expert team is equipped with the best practices and systems for facilities of various industries. Visit our website or contact us today.

The Occupational Safety and Health Administration (OSHA) recordkeeping regulation requires employers with 10 or more employees in certain industries to routinely maintain “OSHA Logs.” To identify if your industry requires you to prepare and maintain OSHA logs, you can reference the full list of exempt industries here. These logs are used to record serious occupational injuries and illnesses. Maintaining accurate OSHA Logs is vital for all stakeholders when evaluating workplace safety, understanding hazards and risks, and determining the implementation of controls to reduce or eliminate hazards.

OSHA Logs consist of three separate documents:

• OSHA Form 300: Log of Work-Related Injuries and Illnesses
• OSHA Form 300A: Summary of Work-Related Injuries and Illnesses
• OSHA Form 301: Injury and Illness Incident Report

Applicable employers must maintain at least five years’ worth of each of these documents, as OSHA may request to review injury and illness records during facility inspections.

OSHA has developed a step-by-step guidance document to assist with the completion of the OSHA 300 logs, which can be found here.

Important 2022 Deadlines

The OSHA Form 300A Summary of Work-Related Injuries and Illnesses for the previous calendar year must be posted in a conspicuous location in the facility from February 1 to April 30 each year.

Along with the paper logs, the OSHA Form 300A Summary of Work-Related Injuries and Illnesses for the previous calendar year must be electronically reported through OSHA’s Injury Tracking Application by March 2 for applicable facilities (see information for applicability below).

What Injuries Need to be Recorded?

OSHA has outlined specific criteria for injuries that should be recorded on the OSHA 300 logs:

• Any work-related fatality.
• Any work-related injury or illness that results in loss of consciousness, days away from work, restricted work, or transfer to another job.
• Any work-related injury or illness requiring medical treatment beyond first aid.
• Any work-related diagnosed case of cancer, chronic irreversible diseases, fractured or cracked bones or teeth, and punctured eardrums.
• There are also special recording criteria for work-related cases involving: needlesticks and sharps injuries; medical removal; hearing loss; and tuberculosis.

All work-related injuries or illnesses should be recorded on the facility’s OSHA 300 log within seven days of the employer receiving notification of the incident. OSHA has outlined all general recording requirements in 29 CFR 1904.7.

In addition to logging the information, note that serious injuries meeting set criteria must also be called into OSHA at the time of the incident. Employers should regularly review their logs to ensure that any required reporting was not missed.

With OSHA’s updated recordkeeping rule, the list of severe injuries that employers must report to OSHA has expanded. For example, all work-related fatalities must be reported within 8 hours. Similarly, all work-related inpatient hospitalizations, amputations, and losses of an eye must be reported within 24 hours.

Electronic Submission of Injury and Illness Records to OSHA

Under the updated Final Rule that was made effective February 25, 2019, many facilities must electronically report their OSHA Form 300A: Summary of Work-Related Injuries and Illnesses to the OSHA Injury Tracking Application (ITA). Facilities that employ 250 or more employees that are required to maintain OSHA logs, and facilities that employ 20-249 employees that are classified as industries that have historically high injury rates, must electronically submit their OSHA Form 300A information. The full list of applicable industries can be found here.

In order to report your facility’s OSHA Form 300A information, visit the OSHA ITA website and follow the prompts for launching the Injury Tracking Application. If this is your first time reporting your facility’s OSHA Form 300A information, you will need to create an account to enter the facility’s information. You will need the establishment name, NAICS industry code, and the completed OSHA Form 300A for the previous year to complete the submission.

Potential Amendment to OSHA’s Recordkeeping Regulation

OSHA proposes to amend its recordkeeping regulation to restore the requirement of electronically submitted OSHA Form 300s (Log of Work-Related Injuries and Illnesses) and OSHA Form 301s (Injury and Illness Incident Report) for establishments with 250 or more employees that are required to routinely keep annual injury and illness records. Likewise, OSHA State Plan states will be required to follow suit. Under the current regulation, these establishments are only required to electronically submit information from the OSHA Form 300A (Summary of Work-Related Injuries and Illnesses) annually.

COVID-19 and OSHA Recordkeeping

Under OSHA’s recordkeeping requirements, COVID-19 is a recordable illness, and thus employers are responsible for recording cases of COVID-19 if:

1. The case is a confirmed case of COVID-19, as defined by the Centers for Disease Control and Prevention (CDC);
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 set forth in 29 CFR 1904.7.

On May 19, 2020, OSHA provided an updated guidance document to assist with determining if an employee’s positive COVID-19 case would be recordable on an employer’s OSHA logs. The below flow chart has been developed from the information in this guidance document to assist with the determination of work-relatedness.

If a COIVD-19 case is determined to be work-related, the incident would need to be recorded as a “Respiratory Condition.”  If the employee requests that their name not be entered on the log, the case must be treated as a privacy case, as specified by 29 CFR 1904.29(b)(7)(VI).

If you have any issues determining an injury’s recordability or regarding your facility’s OSHA 300 logs, consult OSHA’s many recordkeeping resources or contact U.S. Compliance to assist with any recordkeeping questions or concerns.