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If the date March 2nd isn’t highlighted on your calendar, maybe it should be! That’s the day that electronic submissions of your 300a forms are due to be filed with OSHA for the 2019 log year. Hopefully you aren’t still doing them by hand and dealing with the redundancy of OSHA forms and WC claim reporting… If you are, ask us about an exclusive tool that is newly available to RogersGray clients–more on that later in this post. 

Although the new rules have been out for a couple years (regulations originally passed on May 12th of 2016), they are now becoming more seriously enforced. Establishments with 250 or more employees at any time during the calendar year as well as establishments with 20 or more employees from certain high-risk classes are now required to file their 300a forms directly with OSHA. (Click here for the complete list off “high risk” industries by NAICS code or see the table at the bottom of this page.)  Employees could be full time, part time, temporary, or seasonal.

When submitting these forms, it is important to distinguish between employers and establishments. For some it is easy: 1 location = 1 log. For others, like a restaurant with multiple locations, separate logs will have to be submitted for each location where the number of employees meets the requirement criteria. Similarly, a multi-state contractor with offices in different places will have to submit their own logs to OSHA for each location where their employee count meets or exceeds the specified number. It is also important to note that the new electronic submission requirements do not change which companies are required to keep the logs in general, but rather simply specifies which companies must submit them. Regulations remain that any employer with 10 or more employees must keep logs, and any establishment (or location) with 20 or more assigned employees is required to keep their own logs and submit them if they are in one of the identified high-risk classes.

WHY WOULD OSHA REQUIRE THIS INFORMATION?

Up until the implementation of this new regulation, OSHA was only obtaining data from companies with reported issues or those that they chose to drop in on for inspections. Through that practice, they were receiving an incomplete data set that did not provide an accurate depiction of industry trends. By establishing these new requirements, they will be able to obtain a more complete picture of the industry and be able to better identify problem areas and build subsequent regulations and advisement surrounding these issues. By collecting the 300a form (the summary page), they will receive a high-level overview of many more companies. The intention is to use this data to create three groups for inspections:

  1. Those with an elevated DART rate (see below)
  2. Those that failed to submit forms but should have, and
  3. Those with normal injury levels.

Because of this classification, the first two groups should expect more scrutiny and increased odds of a comprehensive inspection.

WHAT IS DART RATE?

DART Rate
The number of record able incidents per 100 full-time employees that resulted in one or more lost or restricted days or one or more days transferring to a different job. DART stands for days away, restricted or transferred to a different job.

WHY IT MATTERS

Employers can compare their DART rate to their incident rate to discover how often incidents resulted in lost days, restricted days or job transfer. If the two rates are the same, for example, it means every incident resulted in one of those outcomes.

NEED HELP DETERMINING IF AN INCIDENT NEEDS TO BE RECORDED?

The regulations state that an incident must be recorded if it involves death, days away from work, medical treatment (above and beyond first aid), or restricted work or transfer.  In this case, the definition of medical treatment does not include a doctor’s visit solely for observation or counseling, diagnostic procedures, or certain first aid cases. Click here to see a comprehensive list of what is not included for first aid.

RECORDKEEPING FLOWCHART

FIRST AID EXCEPTIONS

The following injuries, incidents or medical treatments do not need to be recorded:

  1. Non-prescription medication at nonprescription strength.
  2. Tetanus immunizations
  3. Cleaning wounds on the surface of the skin.
  4. Using bandages or gauze pads
  5. Hot or cold therapy
  6. Using non-rigid means of support (elastic bandages or wraps)
  7. The use of finger guards.
  8. Temporary immobilization devices
  9. Drilling of a fingernail or toenail to relieve pressure
  10. Eye Patches
  11. Removing foreign bodies from the eye using irrigation or a cotton swab.
  12. Removing splinters or foreign material (excluding eye) using tweezers, cotton swabs or other simple means
  13. Massage therapy
  14. Drinking fluids for relief of heat stress.
HIGH RISK CLASSIFICATION NAICS CODES

NAICS

Industry

NAICS

Industry

11

Agriculture, forestry, fishing and hunting

4921

Couriers and express delivery services

22

Utilities

4922

Local messengers and local delivery

23

Construction

4931

Warehousing and storage

31-33

Manufacturing

5152

Cable and other subscription programming

42

Wholesale trade

5311

Lessors of real estate

4413

Automotive parts, accessories, and tire stores

5321

Automotive equipment rental and leasing

4421

Furniture stores

5322

Consumer goods rental

4422

Home furnishings stores

5323

General rental centers

4441

Building material and supplies dealers

5617

Services to buildings and dwellings

4442

Lawn and garden equipment and supplies stores

5621

Waste collection

4451

Grocery stores

5622

Waste treatment and disposal

4452

Specialty food stores

5629

Remediation and other waste management services

4521

Department stores

6219

Other ambulatory health care services

4529

Other general merchandise stores

6221

General medical and surgical hospitals

4533

Used merchandise stores

6222

Psychiatric and substance abuse hospitals

4542

Vending machine operators

6223

Specialty (except psychiatric and substance abuse) hospitals

4543

Direct selling establishments

6231

Nursing care facilities

4811

Scheduled air transportation

6232

Residential mental retardation, mental health and substance abuse facilities

4841

General freight trucking

6233

Community care facilities for the elderly

4842

Specialized freight trucking

6239

Other residential care facilities

4851

Urban transit systems

6242

Community food and housing, and emergency and other relief services

4852

Interurban and rural bus transportation

6243

Vocational rehabilitation services

4853

Taxi and limousine service

7111

Performing arts companies

4854

School and employee bus transportation

7112

Spectator sports

4855

Charter bus industry

7121

Museums, historical sites, and similar institutions

4859

Other transit and ground passenger transportation

7131

Amusement parks and arcades

4871

Scenic and sightseeing transportation, land

7132

Gambling industries

4881

Support activities for air transportation

7211

Traveler accommodation

4882

Support activities for rail transportation

7212

RV (recreational vehicle) parks and recreational camps

4883

Support activities for water transportation

7213

Rooming and boarding houses

4884

Support activities for road transportation

7223

Special food services

4889

Other support activities for transportation

8113

Commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance

4911

Postal service

8123

Dry-cleaning and laundry services

HOW DO I KEEP THESE FILES?

RogersGray offers an exclusive online portal for clients as well as members of the Associated Builders and Contractors, Inc. of Massachusetts, that gives users the opportunity to fill in necessary information once and have OSHA forms automatically populated, reducing the redundancy of the filing process. The portal can also help with Workers Compensation claims, the First Report of Injury for your state, determining whether an incident is recordable, and filing with OSHA at the end of the year.

Want to learn more about this portal?  Contact Greg Deems at [email protected] or 508-209-6068.

Greg Deems | CRIS

Senior Vice President | Business Insurance

Greg Deems is a Vice President, Consultant in the Business Insurance at RogersGray. He specializes in insurance programs for complicated construction risks and property. Greg previously served as the Chairman of the Board of Directors for both the South Shore Young Professionals and the Plymouth Area Coalition for the Homeless, and remains highly involved with both organizations. Greg also volunteers for several committees at the Friendship Home in Norwell. You can connect with Greg on LinkedIn or by email.

Contact Us

434 Route 134
South Dennis, MA 02660

Phone: 508-619-4545

Fax: 877-816-2156

24 Hour Emergency Claims Center:
866-709-8001

 

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