OSHA Record-Keeping and Posting Requirements.

Introduction

Employers, safety directors, and supervisors often complain that Occupational Safety and Health Administration (OSHA) record-keeping and posting regulations are difficult to understand, that they are burdensome, and that they may not even improve workplace safety and health. Nevertheless, complying with state and federally mandated safety and health laws is not an option. The following information should help employers and managers in dealing effectively with some of OSHA's "paperwork" requirements.

Maintaining a Safety File (A Really Good Place to Start)

Documentation of safety and compliance efforts is a critical means of maintaining a written record of your activities. You need this record to manage safety and health and to prove compliance with OSHA regulations. Your safety file should include (but may not be limited to) the following information:

1. accident and injury investigation reports,

2. employee injury logs and reports,

3. reports on regularly scheduled facility inspections and follow-up or summary reports,

4. safety meetings,

5. OSHA citations and abatement actions,

6. safety awareness documentation,

7. evacuation and fire prevention plans,

8. first-aid training and certification,

9. disaster contingency plans,

10. inspection and certification of portable fire protection equipment,

11. records of all completed safety training and education,

12. any specific training that applies to a particular location or job task,

13. written safety and health programs, and

14. equipment tests and certifications.

Posting Safety and Health Information

Posting information about workplace safety and health is one method of increasing employee awareness, conveying the company's safety message, and complying with OSHA regulations. The information should be posted in areas where employees normally congregate, such as break rooms and lunch areas, and it should be legible and comprehensible.

OSHA-Required Posting Information

You must post the following:

* job safety and health poster;

* citations and notices (at or near the cited hazard until the hazard is corrected or for three days, whichever is greater);

* abatement verification certification;

* annual summary of OSHA injury and illness logs (posted February 1 to March 1); and

* tire inflation poster (in lieu of written training documents).

Non-OSHA-Required Posting Information

It is suggested that you post the following:

* safety and health policy statement,

* safety posters,

* safety meeting minutes, and

* ratio of lost work time to days without lost work time.

Records and Reports Required by OSHA Standards

OSHA requires employers to record occupational accidents and, in some instances, report them directly to the agency. Also, in addition to requiring injury and illness data, some OSHA standards have specific medical surveillance record-keeping requirements. In addition, standards for truck cranes, lockout/tagout, respiratory protection, and other equipment require employers to maintain written documentation for tests, inspections, and maintenance checks of the equipment and operating procedures.

Employers are required to maintain accurate records of certain potentially harmful exposures to toxic substances and physical agents. Exposure to certain toxic agents, such as formaldehyde, noise, radiation, and temperature extremes, must be measured and monitored. Employers also must promptly advise employees of any excessive exposures and of the corrective actions taken.

Exposure and Medical Records

Medical records pertain to medical treatment or examinations conducted in response to employee exposure to toxic substances or harmful physical agents. Medical records include both individual records and general research and statistical studies based on information collected from individual records. Two kinds of records not considered to be OSHA-defined medical records are Department of Transportation--required medical certificates (issued in connection with a commercial driver's license) and results from drug and alcohol testing--unless those records indicate employee exposure to toxic substances or harmful physical agents.

Examples of exposure records are records of workplace or personal-exposure monitoring, material safety data sheets, and chemical inventory lists.

Medical and exposure records must be retained for the duration of employment plus 30 years.

Employees, former employees, their representatives, and representatives from OSHA and the National Institute for Occupational Safety and Health (NIOSH) are allowed to examine and copy these records. Employees must be told annually of their right to access medical and exposure records.

Recording and Reporting of Occupational Injuries, Illnesses, and Fatalities Employer responsibilities include

* maintaining logs and annual summaries of occupational injuries and illnesses (OSHA Form 200);

* maintaining supplemental records for each entry on Form 200 (OSHA Form 101 or similar document) such as reports on workers' compensation or insurance;

* posting the summary of occupational injuries and illnesses from February 1 to March 1;

* making injury and illness forms accessible, upon request, to representatives from the Department of Labor and the Department of Health and Human Services, as well as to employees and their representatives;

* retaining forms 200 and 101 for five years following the year to which they pertain; and

* making a verbal report directly to OSHA within eight hours following knowledge of an employee fatality or the hospitalization of three or more employees--call (800) 321-OSHA.

Ceasing to Do Business/Change of Ownership

When an employer ceases to do business, employee exposure measurements and medical surveillance records must be transferred to the successor employer, who must maintain them. If there is no successor employer, the employer must notify the employees of their rights to access the records at least 90 days prior to the close of business. As for injury and illness records (OSHA 200s and 101s), when an establishment has changed ownership, the employer is required to maintain records and file reports only for that period of the year in which he or she owned the establishment. The employer must, however, preserve the records, if any, of the prior ownership and retain them at each establishment to which they relate for the remainder of the required retention period.

Data Collection

Although the courts have stayed OSHA's Cooperative Compliance Program, the agency continues to solicit site-specific injury and illness data. Section 1904.17, commonly referred to as OSHA's data collection rule, requires certain establishments to, upon request, submit site-specific injury and illness data directly to OSHA, including

* recordable injuries and illnesses,

* number of full-time employees, and

* total hours worked by full-time employees.

According to OSHA, the data will be used to set standards and target "high-hazard" employers for enforcement actions.

Abatement Verification

As of May 30, 1997, employers are required to submit certification and documentation reports directly to OSHA as proof that cited hazards have been corrected. Employers who have been cited for "serious" violations that may take a substantial amount of time to correct may be required to submit abatement plans. Employers also are required to notify their employees of all reports submitted to OSHA and to place either "hazard" tags or the actual citation on cited portable or movable equipment.

Material Safety Data Sheets

OSHA's Hazard Communication Standard (HCS) requires employers to maintain material safety data sheets (MSDSs) for each hazardous chemical used by employees. Upon request, MSDSs must be made immediately available to employees, their representatives, and OSHA. The HCS also requires that employers maintain an inventory of all hazardous chemicals on a written chemical inventory list, which must specify the chemical name, any trade names, quantity, and location.

Equipment and Procedural Tests and Certification

Test records must be maintained for fire extinguishers, cranes, and machinery. Procedural certification of activities such as lockout/tagout also must be maintained.

Standard-Specific Training Requirements

The employer needs to retain documentation of employee training, including refresher training, in standards for emergency response, fire extinguishers, and forklift operations.

Handling the Regulations

If you are thinking, "Gee, this is a lot of stuff," you would be correct. As a matter of fact, the lists above are only a small part of it. But do not feel overwhelmed. Focus on priorities first and get assistance whenever and wherever you can find it. Insurance companies, trade associations, consultants, and the OSHA consultation service can make your life a lot easier. A good-faith effort to maintain a safe and healthy workplace and comply with OSHA regulations will certainly pay off.

Corresponding Author: Stuart Flatow, Director, Occupational Safety and Health, American Trucking Association, Alexandria, VA 22314.

(Adapted with permission from Transportation Division Newsletter, American Society of Safety Engineers, Fall 1998.)