In an effort to protect private employees from injury and illness, the Occupational Health and Safety Administration (“OSHA”) initiated a National Emphasis Program on Injury and Illness Recordkeeping (“NEP”) on September 30, 2009. On September 28, 2010, OSHA published Directive Number 10-07 which increased the scope of the NEP, and pushed the NEP’s expiration date back to February 19, 2012, unless it is replaced by a new notice.

OSHA’s Goal

All employers are required to annually complete an OSHA Form 300. This log indicates the injuries suffered by employees while on the job during the year. OSHA has determined that under-recording of injuries and illnesses may exist in some establishments that have low injury and illness rates despite operating in historically high rate industries. OSHA’s goal through the NEP is to make sure employers are accurately completing the OSHA Form 300 by correctly recording all injuries and illnesses that occur in the workplace.  

Industries Affected by the NEP

Through the directive, OSHA has targeted several employers, mainly in the manufacturing and health services industries, for inspections to determine if the employers are correctly completing the OSHA Form 300. However, all employers should be aware of OSHA’s efforts, because OSHA plans “to develop other enforcement and quality assurance programs to address the recordkeeping issue in establishments and industries outside the scope of [the] NEP.”

Inspection Procedures

When conducting an inspection the compliance officer will verify the establishment’s NAICS code to make sure it falls within the group of industries being targeted by OSHA. If, however, the code is not on the list of industries targeted by OSHA, the compliance officer will still carry out the inspection unless the correct NAICS code is exempted from recordkeeping requirements.

An inspection begins with a review of the employer’s OSHA Form 300. The compliance officer will then review medical records, workers’ compensation records, insurance records, payroll/absentee records, company safety incident reports, company first-aid logs, alternate duty rosters, and disciplinary records pertaining to injuries and illnesses. The compliance officer will then determine a sample size and use the employer’s records to recreate the OSHA Form 300.

The differences in the two forms may indicate a failure on the part of the employer to properly complete the form. Compliance officers may even interview the record keeper, employees, management, first-aid providers, and health care professionals. Once the recordkeeping inspection is complete, the compliance officer is then required to conduct a limited walk-around inspection.

Recent Inspections

Failing to record injuries and illnesses on the OSHA Form 300 can lead to some hefty fines. For example, on April 28, 2010, Lowe’s Home Centers in Cincinnati and Dayton, Ohio were cited for $110,000 in proposed penalties. In October of this year, AK Steel in Middletown, Ohio was cited for $53,000 in proposed penalties. Also in October, Lowe’s Home Center’s regional distribution center was cited for $182,000 in proposed penalties. Each citation involved alleged violations for failure to correctly record accidents and injuries on an OSHA Form 300.  

Best Practices

The best approach to comply with OSHA’s recordkeeping requirements is to make sure the person completing the OSHA Form 300 has received thorough training. More information about OSHA’s recordkeeping requirements can be found on OSHA’s website (http://www.osha.gov/recordkeeping/index.html).