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    Workplace Safety | 3 min read

    OSHA and Labor Law Posting: Are you Compliant?

    It’s that time of year again to ensure your business is complying with OSHA and Labor Law posting requirements. If you have one or more employees, you are required to have this poster “conspicuously” displayed for all employees to see. OSHA is dedicated to improving the health and safety of U.S. workers, and as a business owner, it’s important to comply with all applicable rules and regulations in order to minimize risk to your organization—and your employees.

    OSHA Form 300A

    The OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, is to be posted in the workplace where employees are likely to see it, such as a breakroom. It should be posted between February 1 and April 30 of each year, even if you had no OSHA recordable injuries. The 300A summarizes the information on your OSHA 300 log. The 300 log is not to be posted because it contains Personally Identifiable Information. You can access these forms here.

    You are not required to fill out the OSHA 300 log or 300A under two conditions:

    1. You have less than 10 employees
    2. You are in a “low risk” industry as defined by your NAICS (North American Industrial Classification System) code. These codes can be found in OSHA.gov under “Non-Mandatory Appendix A to Subpart B-Partially Exempt Industries.” There are 82 NAICS codes that are not required to keep these records.

    Related Reading: Maintaining OSHA Compliance During COVID-19: Reporting

    Electronic Reporting

    In addition to the Form 300A requirements, some businesses must also comply with the Electronic Reporting rule that became final in 2016. This requires certain employers to report their 300A data on the OSHA.gov website under the “Injury Tracking Application” (ITA) by March 2 of each year. The following rules apply:

    • Establishments with 250 or more employees that are subject to the reporting requirements must submit their 300A data. (According to OSHA, an establishment is “a single physical location where business is conducted or where services or industrial operations are performed.” So, if you have more than 250 employees, but they are at many physical locations around the city, state, or country, this rule does not apply).

    • Establishments with 20-249 employees in certain high-risk industries as identified by their NAICS code must report electronically. These NAICS codes can be found at OSHA.gov/recordkeeping/NAICS-codes-electronic-submission.

    • If the establishment has less than 20 employees, no electronic reporting is required.

    OSHA uses the information from your 300A to calculate your DART rate for its Site Specific Targeting inspection program. The DART rate is calculated using the following formula:

    (Number of OSHA Recordable injuries and illnesses that resulted in Days Away; Restricted; Transferred X 200,000) / Employee hours worked = Days Away Restricted Transferred (DART) Rate.

    If your rate is higher than the Bureau of Labor Statistics average for your NAICS code, you may be targeted for an inspection. They are currently looking at data from calendar years 2017-2019.

    Another posting requirement to ensure you’re in compliance with is the OSHA poster “Job Safety and Health” along with the other State and Federal Labor Law posters. Again, these must be posted in a conspicuous place for all employees to see, such as a breakroom.

    As some companies may transition some of their employees to permanent remote “work from home” employees, the following rule applies:

    • If employees report to your physical location at least three to four times a month, then your workplace postings are okay. If not, the posters must be communicated electronically on your company’s intranet or employee portal where they are readily accessible.

    Working with OSHA

    To help businesses, especially small businesses, comply with OSHA regulations, the Department of Labor and OSHA make every effort to guide business owners and employees in setting up proper safety programs.

    • The Department of Labor offers employers and employees simple guides covering how to comply with OSHA standards

    • OSHA is legally obligated to assist small businesses in complying with regulations and recommendations

    • OSHA offers free consultations and training to help small businesses recognize and correct workplace dangers before receiving violation citations

    • Small businesses are exempt from “programmed inspections” and receive a penalty reduction of 60% for OSHA violations that result from other types of inspections

    Make sure your business is taking full advantage of all the help available to ensure a safe workplace and healthy workers. As we’ve seen, working with OSHA not only avoids violations and fines, it saves your business a number of costs in the long run.

    Contact an Agent

    This material is provided for information only. It is not intended as legal or tax advice. You should consult your legal counsel or tax advisor for advice specific to your business situation.

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    Workplace Safety

    Michael Hogan, CSP

    Michael Hogan is a Sr. Risk Control Consultant with SWBC Insurance Services. His long-tenured work histories with noted companies such as Hartford Insurance, Aon Risk Services, and Comprehensive Safety Resources, a safety consulting firm, has equipped him with the skills necessary to understand the risk management business. Learning from his experiences of working with clients throughout the U.S. has given him the capability to share effective methods that companies can use to continually improve their risk management program and positively affect the bottom line.

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