What You Need to Know About OSHA’s New Reporting Requirements for Workplace Incidents

By Ruby Jo "Catie" Smith August 15, 2024 Posted in Construction Law Share

Despite construction companies’ best efforts to make their sites as safe as possible, accidents can and do happen. At some point, your company will likely find itself faced with an on-the-job injury. Once an incident occurs, you need to determine whether you must record and report it to the Occupational Safety and Health Administration (OSHA). Failure to do so could result in your company facing a heavy fine. Construction is considered a high-hazard industry and has additional reporting requirements than other industries.

A “recordable injury or illness” that must be recorded if your construction company has 10 or more employees include: fatalities; loss of consciousness; days away from work, restricted work, or an injury or illness that requires the employee to transfer to another job; injury or illness that requires treatment beyond first aid; diagnosed cases of cancer; chronic irreversible diseases; fractured or cracked bones or teeth; and punctured eardrums. Hearing loss, medical removal from the job, and contraction of tuberculosis must also be recorded. First aid is defined as medical attention administered at the location of the industry and is a one-time, short-term treatment requiring little training to administer. Any other significant on-the-job injuries or illnesses diagnosed by a health care professional must also be recorded.

Fatalities, work-related hospitalizations, amputations, or loss of an eye must be reported to OSHA immediately (8 hours for fatalities and 24 hours for others). Other recordable injuries or illnesses must be reported annually.

High-hazard industries are now required, pursuant to a Final Rule effective January 1, 2024, to electronically submit additional injury information to OSHA. The Final Rule applies to companies with 100 or more employees in high-hazard industries. These companies must submit information from both their Form 300 (Log of Work-Related Injuries and Illnesses) and Form 301 (Injury and Illness Incident Report) in addition to Form 300A (Summary of Work-Related Injuries and Illnesses) through OSHA’s Injury Tracking Application site. Form 300 is detailed, while Form 300A is a summary with personal details removed. Some of this data will be published on OSHA’s website and will be accessible by the public, including potential clients.

OSHA’s requirements can be tricky to navigate and vary depending on your company’s number of employees, industry, and the type of injury or illness. It is best to work with an attorney to ensure your company is in compliance.