Or. Admin. Code § 437-001-0700 - Recording Workplace Injuries and Illnesses
(1)
Purpose. This rule requires employers to record work-related fatalities,
injuries, and illnesses .
Note: Recording a work-related
(2) Scope.
This standard covers all employers covered by the Oregon Safe Employment Act ,
except for the exemptions below.
(3) Exemptions.
(a) If your company never had more than ten
(10) employees during the last calendar year, including temporary employees,
you do not need to keep Oregon OSHA injury and illness records unless the
Director informs you in writing that you must keep records. The exemption for
size is based on the number of employees in the entire company within the state
of Oregon.
(b) If your company had
more than ten (10) employees at any time during the last calendar year, you
must keep Oregon OSHA injury and illness records unless your business is in a
specific low hazard retail, service, finance, insurance, or real estate
industry in Table 1. If so, you do not need to keep Oregon OSHA injury and
illness records unless the government asks you to keep the records under
437-001-0700(22).
(c) If one or more of your company's
establishments are classified in a nonexempt industry, you must keep Oregon
OSHA injury and illness records for all of such establishments unless your
company is exempted because of size under
437-001-0700(3)(a).
If a company has several business establishments engaged in different classes
of business activities, some of the company's establishments may be required to
keep records, while others may be exempt.
(4) Alternate or Duplicate Records. If you
create records to comply with another government agency's injury and illness
recordkeeping requirements, those records meet Oregon OSHA's recordkeeping
requirements if Oregon OSHA accepts the other agency's records under a
memorandum of understanding with that agency, or if the other agency's records
contain the same information as this standard requires you to record . Contact
Oregon OSHA for help in determining if your records meet Oregon OSHA's
requirements.
[Table 1 - Exempt Industries (attached)]
(5) Recording Criteria and Forms. Each
employer required to keep records of fatalities, injuries, and illnesses must
record each fatality, injury , and illness that:
(a) Is work-related; and
(b) Is a new case; and
(c) Meets one or more of the general
recording criteria of OAR
437-001-0700(8)
or the application to specific cases of OAR
437-001-0700(9) through
(12), see Table 2.
Note: The decision tree for recording work-related injuries and
[Insert Table 2 - Related Rules (attached)]
[Insert Figure 1 - Decision Tree (attached)]
(6) Work-Related. You must
consider an injury or illness to be work-related if an event or exposure in the
work environment either caused or contributed to the resulting condition or
significantly aggravated a pre-existing injury or illness . You must presume
work-relatedness for injuries and illnesses resulting from events or exposures
occurring in the work environment, unless an exception in Table 3 specifically
applies.
(a) Oregon OSHA defines the work
environment as the establishment and other locations where one or more
employees work or are present as a condition of their employment.
(b) If it is not obvious where the
precipitating event occurred you must evaluate the employee 's work duties and
environment to decide whether events or exposures in the work environment
either caused or contributed to the condition or significantly aggravated a
pre-existing condition.
(c) A
pre-existing injury or illness is significantly aggravated when an event or
exposure in the work environment results in (A) through (D) below. Oregon OSHA
considers an injury or illness to be a pre-existing if it resulted solely from
a non-work-related event or exposure that occurred outside the work
environment.
(A) Death, provided that the
pre-existing injury or illness would likely not have resulted in death but for
the occupational event or exposure.
(B) Loss of consciousness, provided that the
pre-existing injury or illness would likely not have resulted in loss of
consciousness but for the occupational event or exposure.
(C) One or more days away from work, or days
of restricted work, or days of job transfer that otherwise would not have
occurred but for the occupational event or exposure.
(D) Medical treatment in a case where no
medical treatment was needed for the injury or illness before the workplace
event or exposure, or a change in medical treatment was necessitated by the
workplace event or exposure.
(d) An injury or illness occurring in the
work environment that falls under one of the following exceptions found in
Table 3 is not work-related, and is not recordable.
[Insert Table 3 - Work environment exceptions (attached)]
(e) Travel.
Injuries or illnesses occurring during travel are work-related if the employee
was engaged in work activities in the interest of the employer and it is not
one of the exceptions in Table 4 - . Travel status exemptions.
[Insert Table 4 - . Travel status exemptions (attached)]
(f) Work at home. Injuries and
illnesses that occur while an employee works at home, including work in a home
office, is work-related if the injury or illness relates directly to the work
rather than to the general home environment or setting.
(g) Former employees. If you are notified
that a former employee had a work related injury or illness when in your
employment, record the date of the incident on the appropriate OSHA 300 log for
the date of the injury . If the date is not known, use the last day of
employment.
(7) New
Cases. An injury or illness is a "new case" if:
(a) The employee has no previous recorded
injury or illness of the same type that affects the same part of the body,
or
(b) The employee previously had
a recorded injury or illness of the same type that affected the same part of
the body but recovered completely (all signs and symptoms disappeared) from the
previous injury or illness and an event or exposure in the work environment
caused the signs or symptoms to reappear.
(A)
For occupational illnesses where the signs or symptoms may recur or continue in
the absence of a workplace exposure, record the case only once when it is
diagnosed. Examples include occupational cancer, asbestosis, byssinosis, and
silicosis.
(B) You are not required
to seek the advice of a physician or other licensed health care professional.
If you do seek such advice, you must follow their recommendation about whether
the case is a new case or a recurrence.
(8) General Recording Criteria. A
work-related injury or illness is recordable if it results in any of the
following: death, days away from work, restricted work or transfer to another
job, medical treatment beyond first aid , or loss of consciousness. You must
record a case if it involves a significant injury or illness diagnosed by a
physician or other licensed health care professional, even if it does not
result in death, days away from work, restricted work or job transfer, medical
treatment beyond first aid , or loss of consciousness.
Note: Oregon OSHA believes that most significant injuries and
[Insert Table 5 - General recording criteria (attached)]
(a) Death. You must record an injury or
illness that results in death by entering a check mark on the OSHA 300 Log in
the space for cases resulting in death.
Note: You must also report any work-related fatality to Oregon OSHA within 8 hours. See OAR 437-001-0704.
(b) Days Away from Work. When an injury or
illness involves one or more days away from work, you must record the injury or
illness on the OSHA 300 Log with a check mark in the space for cases involving
days away and an entry of the number of calendar days away from work in the
number of days column. If the employee is out for an extended period of time,
you must enter an estimate of the days that the employee will be away, and
update the day count when the actual number of days is known.
(A) Begin counting days away on the day after
the injury occurred or the illness began.
(B) End the count of days away from work on
the date the physician or other licensed health care professional recommends
that the employee return to work. This applies regardless of whether the
employee returns earlier or later than recommended. If there is no
recommendation from the physician or licensed health care professional, enter
the actual number of days the employee is off work.
(C) You must count the number of calendar
days the employee was unable to work as a result of the injury or illness ,
regardless of whether or not the employee was scheduled to work on those
day(s). Include weekend days, holidays, vacation days or other days off in the
total number of days recorded if the employee would not have been able to work
on those days because of a work-related injury or illness .
(D) You may stop tracking of the number of
calendar days away from work once the total reaches 180 days away from work
and/or days of job transfer or restriction. Entering 180 in the total days away
column is adequate.
(E) If the
employee leaves your company for a reason unrelated to the injury or illness ,
such as retirement, a plant closing, or to take another job, you may stop
counting days away from work or days of restriction/job transfer. If the
employee leaves your company because of the injury or illness , you must
estimate the total number of days away or days of restriction/job transfer and
enter the day count on the 300 Log.
(F) You must enter the number of calendar
days away for the injury or illness on the OSHA 300 Log that you prepare for
the year in which the incident occurred. If the time off extends into a new
year, estimate the number of days for that year and add that amount to the days
from the year of occurrence. Do not split the days between years and enter
amounts on the logs for two different years. Use this number to calculate the
total for the annual summary, and then update the initial log entry later when
the day count is known or reaches the 180-day cap.
(c) Restricted Work or Job Transfer. When an
injury or illness involves restricted work or job transfer but does not involve
death or days away from work, you must record the injury or illness on the OSHA
300 Log by placing a check mark in the space for job transfer or restriction
and an entry of the number of restricted or transferred days in the restricted
workdays column. Restricted work occurs when, as the result of a work-related
injury or illness :
(A) You keep the employee
from performing one or more of the routine functions of their job, or from
working the full day that they would otherwise work; or
(B) A physician or other licensed health care
professional recommends that the employee not perform one or more of the
routine functions of their job, or not work the full workday that they would
otherwise work.
Note: For recordkeeping purposes, an
(C) A
recommended work restriction is recordable only if it affects one or more of
the employee 's routine job functions. To determine whether this is the case,
you must evaluate the restriction in light of the routine functions of the
injured or ill employee 's job.
(D)
A partial day of work is recorded as a day of job transfer or restriction for
recordkeeping purposes, except for the day on which the injury occurred or the
illness began.
(E) Record job
transfer and restricted work cases in the same box on the OSHA 300
Log.
(F) Count days of job transfer
or restriction in the same way you count days away from work. The only
difference is that, if you permanently assign the injured or ill employee to a
job modified or permanently changed to eliminate the routine functions the
employee was restricted from performing, you may stop the day count when the
modification or change is permanent . You must count at least 1-day of
restricted work or job transfer for such cases.
(d) Medical Treatment . If a work-related
injury or illness results in medical treatment beyond first aid , you must
record it on the OSHA 300 Log. If the employee received medical treatment but
remained at work without transfer or restriction and the injury or illness did
not involve death, one or more days away from work, one or more days of
restricted work, or one or more days of job transfer, you enter a check mark in
the box for other recordable cases.
Note: You must
(A)
"Medical treatment " is the management and care of a patient to combat disease
or disorder. For this rule , medical treatment does not include:
(i) Visits to a physician or other licensed
health care professional solely for observation or counseling;
(ii) The conduct of diagnostic procedures,
such as x-rays and blood tests, including the administration of prescription
medications solely for diagnostic purposes (e.g., eye drops to dilate pupils);
or
(iii) "First aid " as in (B)
below.
(B) First aid is
any of the conditions listed in Table 6. This is a complete list of all first
aid treatments for this standard. These treatments are considered first aid
regardless of the professional status of the person providing the treatment.
[Insert Table 6 -
(e) Loss of
Consciousness. You must record a work-related injury or illness if the worker
becomes unconscious, regardless of the length of time they remain
unconscious.
(f) Other Injuries and
Illnesses . Work-related cases involving cancer, chronic irreversible disease, a
fractured or cracked bone, or a punctured eardrum must always be recorded under
the general criteria at the time of occurrence.
(9) Needlestick and Sharps Injury Recording
Criteria.
(a) When an injury is diagnosed
later as an infectious bloodborne disease, you must update the classification
on the 300 log to reflect the new status or classification.
(b) You must record all work-related
needlestick injuries and cuts from sharp objects contaminated with another
person 's blood or other potentially infectious material (as defined by
1910.1030). You must enter the case on the OSHA 300 Log as an injury . To
protect the employee 's privacy, do not enter the employee 's name on the OSHA
300 Log (see the requirements for privacy cases in OAR
437-001-0700(14)).
Note: If you have an exposure incident that is not a
needlestick, you must still
(10) Medical Removal Recording Criteria. If
another Oregon OSHA standard requires the medical removal of an employee , you
must record the case on the OSHA 300 Log.
(a)
You must enter each medical removal case on the OSHA 300 Log as either a case
involving days away from work or a case involving restricted work activity,
depending on how you decide to comply with the medical removal requirement. If
the medical removal is the result of a chemical exposure, you must enter the
case on the OSHA 300 Log by checking the "poisoning" column.
(b) If the case involves voluntary medical
removal before reaching the medical removal levels required by an Oregon OSHA
standard, do not record the case on the OSHA 300 Log.
(11) Occupational Hearing Loss Recording
Criteria.
(a) Hearing loss must be recorded on
the OSHA 300 Log by checking the hearing loss column when:
(A) An annual audiogram reveals a Standard
Threshold Shift (STS) in either or both ears; and
(B) The hearing level in the same ear is 25
dB above audiometric zero .
Note: For the ease of the reader the definitions for STS and
(b) In determining whether an STS
has occurred, you may correct for the age of the employee . Use the appropriate
table in Appendix A to determine the age adjustment. If the STS is 10 dB or
more after the age correction, it still meets the criteria for recordability.
Employers may use the flowchart in Appendix B (non-mandatory) to determine if
hearing loss is recordable on the OSHA 300 form.
(c) If you retest the employee 's hearing
within 30 days of the first test, and the retest does not confirm the
recordable STS, you are not required to record the hearing loss case on the
OSHA 300 Log. If the retest confirms the recordable STS, you must record the
hearing loss case within 7 calendar days of the retest. If subsequent
audiometric testing performed under the testing requirements of the noise
standard (1910.95) indicates that an STS is not persistent, you may erase,
delete, or line-out the recorded entry.
(d) If a physician or other licensed health
care professional determines, following the rules set out in OAR
437-001-0700(6),
that the hearing loss is not work-related or has not been significantly
aggravated by occupational noise exposure, the case is not work-related. Do not
record it on the OSHA 300 Log.
(12) Tuberculosis Reporting Criteria. If any
of your employees has an occupational exposure to anyone with a known case of
active tuberculosis (TB), and that employee subsequently develops a
tuberculosis infection, as evidenced by a positive skin test or diagnosis by a
physician or other licensed health care professional, you must record the case
on the OSHA 300 Log by checking the "respiratory condition" column.
(a) Do not record a pre-employment positive
skin test because the exposure was not in your workplace.
(b) Line out or erase a recorded case if you
prove that:
(A) The worker lives in a
household with a person diagnosed with active TB;
(B) The Public Health Department identifies
the worker as a contact of an individual with a case of active TB unrelated to
the workplace; or
(C) A medical
investigation shows that the employee 's infection was caused by exposure to TB
away from work, or proves that the case was not related to the workplace TB
exposure.
(13)
Removed.
(14) Forms.
(a) You must use OSHA 300, 300A, and DCBS
Form 801, or equivalent forms, for recordable injuries and illnesses . The OSHA
300 form is the Log of Work-Related Injuries and Illnesses , the 300A is the
Summary of Work-Related Injuries and Illnesses , and the DCBS Form 801 or
equivalent is the Worker's and Employer 's Report of Occupational Injury or
Disease. The OSHA 300 and 300A Summary forms must be kept on a calendar year
basis.
(A) Even if you are exempt from
recordkeeping, you must have at each establishment , a copy of DCBS Form 801 or
equivalent for each occupational injury or illness that may result in a
compensable claim.
(B) You must
enter information about your business at the top of the OSHA 300 Log, enter a
one or two line description for each recordable injury or illness , and
summarize this information on the OSHA 300A Summary form at the end of the
year.
(C) You must complete a DCBS
Form 801 or equivalent form, for each recordable injury or illness entered on
the OSHA 300 Log.
(D) You must
enter each recordable injury or illness on the OSHA 300 Log and DCBS Form 801
or equivalent within 7 calendar days of receiving information that a recordable
injury or illness has occurred.
(E)
An equivalent form is one that has the same information, is as readable and
understandable, and is completed using the same instructions as the OSHA form
it replaces. Many employers use an insurance form instead of the DCBS Form 801,
or supplement an insurance form by adding any additional information required
by OSHA.
(F) You may use a computer
to keep your records if it can produce equivalent forms when needed.
(G) Privacy Concern Cases. If you have a
"privacy concern case," do not enter the employee 's name on the OSHA 300 Log.
Instead, enter "privacy case" in the space normally used for the employee 's
name. This will protect the privacy of the injured or ill employee when another
employee , a former employee , or an authorized employee representative has
access to the OSHA 300 Log. You must keep a separate, confidential list of the
case numbers and employee names for your privacy concern cases so you can
update the cases and provide the information to the government if asked to do
so.
(H) The following injuries or
illnesses are privacy concern cases:
(i) An
injury or illness to an intimate body part or the reproductive
system;
(ii) An injury or illness
resulting from a sexual assault;
(iii) Mental illnesses ;
(iv) HIV infection, hepatitis, or
tuberculosis;
(v) Needlestick
injuries and cuts from sharp objects contaminated with another person 's blood
or other potentially infectious material; and
(vi) Other illnesses , if the employee
voluntarily requests that his or her name not be entered on the log.
Note: This is a complete list of all injuries and
(I) If you reasonably believe that
information describing the privacy concern case may be personally identifiable
even though the employee 's name is omitted, use discretion in describing the
injury or illness on both the OSHA 300 and DCBS 801 Forms. You must enter
enough information to identify the cause of the incident and the general
severity of the injury or illness , but you do not need to include details of an
intimate or private nature. For example, describe a sexual assault case as
"injury from assault," or an injury to a reproductive organ could be described
as "lower abdominal injury ."
(J) If
you voluntarily disclose the forms to persons other than government
representatives, employees, former employees or authorized representatives, you
must remove or hide the employees' names and other personally identifying
information, except for the following cases:
(i) To an auditor or consultant hired by the
employer to evaluate the safety and health program;
(ii) To the extent necessary for processing a
claim for workers' compensation or other insurance benefits; or
(iii) To a public health authority or law
enforcement agency for uses and disclosures for which consent, an
authorization, or opportunity to agree or object is not required under
Department of Health and Human Services Standards for Privacy of Individually
Identifiable Health Information, 45 CFR.164.512.
(b) In addition, health care employers as
defined in ORS 654.412 must record assaults
against employees on the Health Care Assault Log. See OAR
437-001-0706.
(15) Multiple Business Establishments. You
must keep a separate OSHA 300 Log for each establishment that you expect to
operate for 1-year or longer.
(a) You may keep
one OSHA 300 Log that covers all of your short-term establishments. You may
also include the short-term establishments' recordable injuries and illnesses
on an OSHA 300 Log that covers short-term establishments for individual company
divisions or geographic regions.
(b) You may keep the records for an
establishment at your headquarters or other central location if you can:
(A) Transmit information about the injuries
and illnesses from the establishment to the central location within 7 calendar
days of receiving information that a recordable injury or illness has occurred;
and
(B) Produce and send the
records from the central location to the establishment within the time frames
required by OAR 437-001-0700(22)
when you are required to provide records to a government representative,
employees, former employees or employee representatives.
(c) You must link each employee with one of
your establishments, for recordkeeping purposes. You must record the injury and
illness on the OSHA 300 Log of the injured or ill employee 's establishment , or
on an OSHA 300 Log that covers that employee 's short-term
establishment .
(d) If the injury or
illness occurs at one of your establishments, you must record the injury or
illness on the OSHA 300 Log of the establishment where the injury or illness
occurred. If the employee is injured or becomes ill and is not at one of your
establishments, you must record the case on the OSHA 300 Log at the
establishment where the employee normally works.
(16) Covered Employees. You must record on
the OSHA 300 Log the recordable injuries and illnesses of all employees on your
payroll, whether they are labor, executive, hourly, salary, part-time,
seasonal, or migrant workers. You also must record the recordable injuries and
illnesses that occur to employees who are not on your payroll if you supervise
these employees on a day-to-day basis. If your business is organized as a sole
proprietorship or partnership, the owner or partners are not considered
employees for recordkeeping purposes.
(a)
Record the injuries and illnesses to workers from temporary help agencies or
employee leasing services only if you supervise these employees on a day-to-day
basis.
(b) If a contractor's
employee is under the day-to-day supervision of the contractor, the contractor
is responsible for recording the injury or illness . If you supervise the
contractor employee 's work on a day-to-day basis, you must record the injury or
illness .
(c) You and the temporary
help service, employee leasing service, personnel supply service, or contractor
should coordinate your efforts to make sure that each injury and illness is
recorded only once: either on your OSHA 300 Log (if you provide day-to-day
supervision) or on the other employer 's OSHA 300 Log (if that company provides
day-to-day supervision).
(17) Annual Summary and Posting Requirements.
At the end of each calendar year, you must:
(a) Review the OSHA 300 Log to verify that
the entries are complete and accurate, and correct any deficiencies
identified.
(b) Use the OSHA 300A
Summary form to create an annual summary of injuries and illnesses recorded on
the OSHA 300 Log:
(A) Total the columns on the
OSHA 300 Log (if you had no recordable cases, enter zeros for each column
total); and
(B) Enter the calendar
year covered, the company's name, establishment name, establishment address,
annual average number of employees covered by the OSHA 300 Log, and the total
hours worked by all employees covered by the OSHA 300 Log.
(C) If you are using an equivalent form other
than the OSHA 300A Summary form, the summary you use must also include the
employee access and employer penalty statements found on the OSHA 300A Summary
form.
(c) Sign or have a
representative sign the 300A Summary to certify that the OSHA 300 Log is
correct to the best of the signer's knowledge. If the summary is signed by a
person other than a company executive, a company executive must also review the
OSHA 300 Log in order to be generally familiar with its contents. A company
executive is:
(A) An owner of the company when
the company is a sole proprietorship or partnership;
(B) An officer of the corporation;
(C) The highest ranking company official
working at the establishment ; or
(D) The immediate supervisor of the highest
ranking company official working at the establishment .
(d) Post a copy of the 300A Summary form in
each establishment in a conspicuous place or places where notices to employees
are customarily posted. Ensure that the posted annual summary is not altered,
defaced or covered by other material.
(e) Post the 300A Summary no later than
February 1 of the year following the year covered by the records and keep it
posted until April 30.
(f) When you
maintain records for all of your establishments at your headquarters or other
central location, each 300A Summary form must be specific to each separate
establishment .
(18)
Paperwork Retention and Updating.
(a) You must
save the OSHA 300 Log, the privacy case list (if any), the 300A Summary form,
and the DCBS Form 801 or equivalent forms for 5 years following the end of the
calendar year that they cover.
(b)
During the storage period, you must update your stored OSHA 300 Logs to include
newly discovered recordable injuries or illnesses and to show any changes that
have occurred in the classification of previously recorded injuries and
illnesses . If the description or outcome of a case changes, you must remove or
line out the original entry and enter the new information.
Note: For more information on retention of medical and exposure records, see 1910.1020.
(19) Change of Business Ownership. If your
business changes ownership, you must record and report work-related injuries
and illnesses only for the time you owned the establishment . You must transfer
the records to the new owner . The new owner must save all records of the
establishment kept by the prior owner , but need not update or correct the
records of the prior owner .
(20)
Prohibition against discrimination. Oregon Revised Statute 654.062(5) prohibits
discrimination against an employee for reporting a work-related fatality,
injury or illness . It also protects the employee who files a safety and health
complaint , asks for access to this rule , records, or otherwise exercises any
rights afforded by law or rule .
(21) Employee Involvement. You must involve
your employees and their representatives in the recordkeeping system.
(a) You must establish a reasonable procedure
for employees to report work-related injuries and illnesses promptly and
accurately. A procedure is not reasonable if it would deter or discourage a
reasonable employee from accurately reporting a workplace injury or
illness .
(b) You must inform each
employee of your procedure for reporting work related injuries and illnesses
and tell each employee how they are to report an injury or illness to
you.
(c) You must inform employees
that they have the right to report work-related injuries and illnesses ; and
that employers are prohibited from discharging or in any manner discriminating
against employees for reporting work-related injuries and illnesses .
(d) You must leave the names on the 300 Log.
However, to protect the privacy of injured and ill employees, do not record the
employee 's name on the OSHA 300 Log for certain "privacy concern
cases."
(e) You must provide
limited access to your injury and illness records for your employees and their
representatives.
(A) Your employees, former
employees, their personal representatives, and their authorized collective
bargaining representatives have the right to access the OSHA injury and illness
records, in accordance with (B) through (E) below.
Note: A personal representative is anybody designated in
writing by the
(B) When an employee , former employee ,
personal representative, or authorized employee representative asks for copies
of your current or stored OSHA 300 Log(s) for an establishment the employee or
former employee has worked in, you must give the requester a copy of the
relevant OSHA 300 Log(s) by the end of the next business day.
(C) When an employee , former employee , or
personal representative asks for a copy of the DCBS Form 801 or equivalent
describing an injury or illness to that employee or former employee , you must
give the requester a copy of the DCBS Form 801 or equivalent containing that
information by the end of the next business day.
(D) When an authorized employee
representative asks for copies of the DCBS Form 801 or equivalent for an
establishment where the agent represents employees under a collective
bargaining agreement, you must give copies of those forms to the authorized
employee representative within 7 calendar days. You are only required to give
the authorized employee representative information from the releasable part of
the DCBS Form 801 indicated in the "Worker" section. You must remove all other
information from the copy of the DCBS Form 801 or equivalent form that you give
to the authorized employee representative .
(E) You may not charge for these copies the
first time. However, if one of the designated persons asks for additional
copies, you may assess a reasonable charge for retrieving and copying the
records.
(22)
Providing Records to Government Representatives. When an authorized government
representative asks for the records you keep in compliance with this standard,
you must provide copies of the records within 4 business hours. Authorized
government representatives are:
(a) A
representative of the Oregon Department of Consumer and Business
Services.
(b) A representative of
the Secretary of Labor conducting an inspection or investigation under the
Act .
(c) A representative of the
Secretary of Health and Human Services (including the National Institute for
Occupational Safety and Health - NIOSH) conducting an investigation under
Section 20(b) of the Act .
(23) Requests from the Bureau of Labor
Statistics or DCBS. If you receive a Survey of Occupational Injuries and
Illnesses Form from the Bureau of Labor Statistics (BLS), or a BLS designee, or
a request for data from the Oregon Department of Consumer and Business
Services, you must promptly complete the form and return it following the
instructions on the survey form.
(24) Electronic submission of injury and
illness records to OSHA.
(a) If your
establishment had 250 or more employees at any time during the previous
calendar year, and you are required to maintain an OSHA 300 log, per section
(2) of this rule , except 6111 Elementary and Secondary Schools, 6116 Other
Schools and Instruction, and 6117 Educational Support Services, then you must
electronically submit information from the OSHA Form 300A Summary of
Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit
the information once a year, no later than the date listed in subsection
(24)(h) of the year after the calendar year covered by the forms.
(b) If your establishment had 20 or more
employees but fewer than 250 employees at any time during the previous calendar
year, and your establishment is classified in an industry listed in Table 7,
then you must electronically submit information from OSHA Form 300A Summary of
Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit
the information once a year, no later than the date listed in subsection
(24)(h) of the year after the calendar year covered by the form.
(c) If your establishment had 100 or more
employees at any time during the previous calendar year, and your establishment
is classified in an industry listed in Table 8, then you must electronically
submit information from OSHA Forms 300 and DCBS Form 801 to OSHA or OSHA's
designee. You must submit the information once a year, no later than the date
listed in (24)(h) of this section of the year after the calendar year covered
by the forms.
Note: If subsection (24)(c) applies then your
(d) For each
establishment that is subject to these reporting requirements, you must provide
the Employer Identification Number (EIN) used by the establishment and your
legal company name.
Note: Each individual employed in the
(e) If you are required to submit information
under subsection (24)(a), 24(b) or (24)(c), then you must submit the
information once a year, by the date listed in paragraph (24)(h) of the year
after the calendar year covered by the form or forms. If you are submitting
information because OSHA notified you to submit information as part of an
individual data collection under subsection (24)(h), then you must submit the
information as often as specified in the notification.
(f) You must submit the information
electronically. Federal OSHA will provide a secure website for the electronic
submission of information.
(g) If
your enterprise or corporate office had ownership of or control over one or
more establishments required to submit information under subsection (24)(a),
24(b) or (24)(c), then the enterprise or corporate office may collect and
electronically submit the information for the establishment (s).
(h) Reporting Dates. Beginning in 2020,
establishments that are required to submit under subsection (24)(a), 24(b), or
(24)(c) of this section will have to submit all of the required information by
March 2 of the year after the calendar year covered by the form or forms (for
example, by March 2, 2020, for the forms covering 2019).
[Insert Table 7 - (24)(b) Designated Industries (attached)]
[Insert Table 8 - (24)(c) Designated Industries (attached)]
[Insert Appendix A Age Related Hearing Loss (attached)]
[Insert Appendix B Hearing Loss recordability Flowchart (attached)]
Notes
To view attachments referenced in
Statutory/Other Authority: ORS 654.025(2) & 656.726(4)
Statutes/Other Implemented: ORS 654.001 - 654.295, 654.412 - 654.423 & 654.750 - 780
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