OSHA Broadens List of Employers Who Must Post Summaries of Work-Related Fatalities and Injuries

Recent changes to OSHA’s posting requirements have narrowed the list of employers required to report the occurrence of significant injuries in the workplace.  Among the list of newly covered industries that were once previously exempt from posting requirements are tire stores and service centers; automobile dealers; bakeries; beer, wine, and liquor stores; specialty food stores; lessors of real estate and activities related to real estate;, certain professional, scientific, and technical services; ambulatory health care services; performing arts companies; certain event promotors; amusement and recreational industries; and specialty food services, among other industries.

OSHA’s posting requirements mandate that covered employers post summaries of serious workplace injuries and illnesses using OSHA’s Form 3300A between February 1, 2016 and April 30, 2016.  Form 3300A informs employees and others of the number of fatalities, injuries, poisoning, skin, and respiratory disorders and conditions, hearing loss instances, and other illnesses and conditions experienced by the employees at the workplace.  The form must be posted in a common, visible area where notices are generally posted each year.

Under OSHA’s reporting requirements, covered employers must report to OSHA all work-related fatalities within eight hours and all work-related inpatient hospitalizations, amputations, and all losses of an eye within 24 hours. Covered employers must post Form 3300A annually, even when no work-related injuries or illnesses occurred during that year.

Exemptions: There are generally two categories of businesses exempt from OSHA’s posting requirements. First, businesses with ten or fewer employees do not have to post Form 3300A.  Second, establishments in certain low-hazard industries are partially exempt from record-keeping and posting requirements.

Employers are urged to visit OSHA’s website and contact employment counsel to determine their obligations under OSHA’s posting and record-keeping requirements.