Trent Cotney, PA
Most roofing contractors are familiar with OSHA’s record-keeping and reporting requirements. Recently, however, OSHA expanded the list of severe injuries and illnesses that employers must report. This is a good opportunity for roofers to review their record-keeping and reporting requirements.
Roofers with more than 10 employees must record a new case of a work-related injury or illness if it (a) 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; or (b) involves a significant injury or illness diagnosed by a physician or other licensed health care professional. The recording requirement applies to applicable injuries or illnesses of all employees on payroll and any employees who are not on payroll but are supervised by the employer on a day-to-day basis.
The injury or illness is a “new case” if the employee has not previously experienced a recorded injury or illness of the same type affecting the same body part or if the employee has previously experienced the same but had recovered completely. The injury or illness is “work-related” if an event or exposure in the work environment either caused or contributed to the injury or illness or significantly aggravated a pre-existing injury or illness.
▪ OSHA 300 Log of Work-Related Injuries and Illnesses. Employers must enter a one or two-line description for each recordable injury or illness. This must be done within seven calendar days of receiving information that a recordable injury or illness has occurred.
▪ OSHA 301 Injury and Illness Incident Report. Employers must complete an incident report for each recordable injury or illness entered on the 300 Log. The incident report must be completed within seven calendar days of receiving information that a recordable injury or illness has occurred.
▪ OSHA 300-A Summary of Work-Related Injuries and Illnesses. At the end of each calendar year, employers must review the 300 Log to correct any deficiencies and verify all entries are complete and accurate. Employers must create an annual summary of the injuries and illnesses recorded on the 300 Log and certify and post the annual summary. The summary must be certified by a company executive. The summary must be posted no later than February 1 of the following year and must remain in place until April 30.
The forms must be kept for five years. During those five years, employers must update the 300 Log if any recordable injuries or illnesses are discovered that were not previously recorded or if any changes occur in the classification of the recorded injuries and illnesses. The 301 Report and 300-A Summary are not required to be updated. Do not send copies of the forms to OSHA unless asked to do so (note that there are current proposals which would require the digital transmission of 300 Logs to OSHA on a regular basis).
As of January 1, 2015, employers must report to OSHA:
▪ All work-related fatalities that occur within 30 days of a work-related incident
▪ Must be reported to OSHA within 8 hours
▪ All work-related inpatient hospitalizations, amputations, and losses of an eye that occur within 24 hours of a work-related incident
▪ Must be reported to OSHA within 24 hours
An “inpatient hospitalization” refers to a formal admission to the inpatient service of a hospital or clinic for care or treatment. This does not include a hospitalization that involves only observation or diagnostic testing.
If an employer is not informed about the illness or injury or is not informed that it was the result of a work-related incident until after the 8 hour or 24 hour reporting deadline, the employer must make the report within 8 or 24 hours (respectively) of being informed of the illness or injury or learning that the illness or injury was the result of a work-related incident.
Employers must report a fatality or inpatient hospitalization caused by a heart attack. The OSHA Area Office director will decide whether to investigate the event, depending on the circumstances of the heart attack.
Employers must report a fatality, inpatient hospitalization, amputation, or loss of an eye that results from a motor vehicle accident in a construction work zone. In contrast, employers do not have to report such if the motor vehicle accident occurred on a public street or highway that is not a construction work zone. Similarly, employers do not have to report a fatality, inpatient hospitalization, amputation, or loss of an eye that occurs on a commercial or public transportation system.
It is important to remember that if a fatality, inpatient hospitalization, amputation, or loss of an eye occurs but does not meet the reporting requirements, the employer is still required to record the illness or injury pursuant to the recording requirements.
Employers must report to OSHA by either calling OSHA’s free and confidential number at 1-800-321-OSHA (6742), calling the nearest OSHA Area Office during business hours, or completing the online form on the OSHA website which is not currently available but should be soon. If the Area Office is closed, leaving a voicemail or sending a fax or email does not suffice; instead, you must call either the 800 number or utilize the online form.
In the first six months of the new reporting rule, OSHA received more than 5,000 reports of work-related deaths, inpatient hospitalizations, amputations, and losses of an eye. Around 40 percent of those reports led to OSHA investigations. By staying apprised of OSHA’s record-keeping and reporting requirements, roofing contractors can maintain safe workplaces and lessen the chance of an OSHA violation.
Author’s note: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Trent Cotney is Florida Bar Certified in Construction Law, General Counsel and a director of the Florida Roofing and Sheet Metal Contractors Association (FRSA), a director of the West Coast Roofing Contractors Association (WCRCA), and a member of the National Roofing Contractors Association (NRCA), Midwest Roofing Contractors Association (MRCA) and several other FRSA affiliates.
For more information, contact the author at 813-579-3278 or go to www.trentcotney.com.
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