By Tim Karcz, Senior Risk Manager
The Occupational Safety and Health Administration (OSHA) and Cal/OSHA require employers to use Cal/OSHA Form 300 to classify work-related injuries and illnesses and to note the extent and severity of each case. The summary form, Cal/OSHA Form 300A, shows the totals for the year in each category. Cal/OSHA requires Form 300A to be posted between February 1 and April 30, 2023. Form 300A summarizes the total number of job-related injuries and illnesses that occurred in 2022 and were logged on Cal/OSHA Form 300. The form must be posted where employee notices are usually found and must not be altered, defaced, or obscured during the posting period. A copy of Form 300A must also be made available to employees who do not regularly report to any fixed establishment. At the end of the three-month posting period, Form 300A should be kept on file for five years. If any newly discovered, recordable incidents or changes in classification are noted, the log should be updated.
Employers must record any new work-related injury or illness if it results in days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, significant injury or illness as diagnosed by a physician or other licensed healthcare professional, or death. Employers must record any incidents that aggravate a prior injury. Employers are also required to log COVID-19-related illnesses on the form. Cal/OSHA has published a Brief Guide to Recordkeeping Requirements.
OSHA has strict requirements for protecting the privacy of injured and ill employees. An employer shall not record the employee’s name on the OSHA 300 log for certain “privacy concern cases.” Instead, “Privacy Case” shall be entered in the space reserved for the employee’s name. OSHA defines a privacy concern case as an injury or illness to an intimate body part or the reproductive system; an injury or illness resulting from a sexual assault; mental illnesses; HIV infection, hepatitis, or tuberculosis; needle stick injuries and cuts from sharp objects that are contaminated with another person’s blood or other potentially infectious material; and other illnesses if the employee voluntarily requests that their name not be entered on the log. The California Joint Powers Insurance Authority (California JPIA) recommends that all cases reference “Privacy Case” in the employee’s name fields, not just in privacy concern cases defined by OSHA.
Providing innovative risk management solutions for its public agency partners for more than 40 years, the California Joint Powers Insurance Authority (California JPIA) is one of the largest municipal self-insurance pools in the state, with more than 120 member cities and other governmental agencies. Members actively participate in shaping the organization to provide important coverage for their operations. The California JPIA provides innovative risk management solutions through a comprehensive portfolio of programs and services, including liability, workers’ compensation, pollution, property, and earthquake coverage, as well as extensive training and loss control services. For more information, please visit the California JPIA’s website at cjpia.org.