Recording and Reporting Compliance deadlines: February 1 - OSHA Form 300A for previous calendar year must be posted in the work establishment from February 1 through April 30 of the following year. March 2 - Beginning in 2019 and annually thereafter, affected employers must electronically submit information from their completed Form 300A for the previous year to OSHA, along with their Employer Identification Number (EIN), using OSHA's Injury Tracking Application (ITA). Details about this requirement can be found on the OSHA website. Injury and Illness Recordkeeping OSHA ITA Overview Solutions Regulations Reporting an Accident Learn More COVID-19 Recordkeeping and Reporting FAQs What is the Injury Tracking Application (ITA)? This is Federal OSHA's new requirement that requires two classes of employers to submit injury and illness data electronically using a secure website. Who is required to submit their information to the ITA? What information must be submitted? Employers in certain high hazard industries must submit injury and illness data from their OSHA Form 300A for establishments having between 20 and 249 employees at any time during the calendar year. Employers who are already required to maintain injury and illness records must submit injury and illness data from their OSHA Form 300A for establishments that have 250 or more employees at any time during the calendar year. All affected employers must also submit the EIN for each establishment. Is the requirement based on employer size? No, the requirement to comply with these new electronic recordkeeping requirements is based on the number of employees at each establishment. An "establishment" is defined as a single physical location where business is conducted or where services or industrial operations are performed. For activities where employees do not work at a single physical location, such as construction; transportation; communications, electric, gas and sanitary services; and similar operations, the establishment is represented by main or branch offices, terminals, stations, etc. that either supervise such activities or are the base from which personnel carry out these activities. What is the Employer Identification Number (EIN)? An EIN is also known as a Federal Tax Identification Number and is used to identify a business. Additional information about the EIN and how to obtain one can be found on the Internal Revenue Service (IRS) website. How can employers access the ITA? The ITA can be accessed on the OSHA website. What is the deadline for entering this information into the ITA? Affected employers must electronically submit the information from their completed OSHA Form 300A (Annual Summary) to OSHA no later than March 2 of the following year. What is meant by recording or recordkeeping? In the context of this discussion, "recording" or "recordkeeping" refers to the entry of information on the OSHA injury and illness log (OSHA Forms 300 and 301) by employers about work-related incidents that results in one or more of the following outcomes to an employee: death; loss of consciousness; days away from work or restricted duty; transfer to another job; and medical treatment beyond first aid. In addition, a work-related diagnosed case of cancer, chronic irreversible diseases, fractured or cracked bones or teeth, and punctured eardrums must be also be recorded. In North Carolina, employers may use the Workers Compensation Form 19 as an equivalent form for the OSHA Form 301. What is meant by reporting? "Reporting" refers to the requirement for employers to report to OSH any work-related fatality, in-patient hospitalization, amputation or loss of an eye within specified periods of time. In-patient hospitalization is a formal admission to the in-patient service of a hospital or clinic for care or treatment. An amputation is the traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, that has been severed, cut off, amputated (either completely or partially); fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; amputations of body parts that have since been reattached. Amputations do not include avulsions (tissue torn away from the body), enucleations (removal of the eyeball), deglovings (skin torn away from the underlying tissue), scalpings (removal of the scalp), severed ears, or broken or chipped teeth. Loss of an eye is the physical removal of the eye. This includes enucleation and evisceration. What is considered medical treatment? The definition of "medical treatment" means the management and care of a patient to combat disease or disorder. For the purposes of the recordkeeping standard, medical treatment does not include: Visits to a physician or other licensed health care professional solely for observation or counseling; The conduct of diagnostic procedures, such as x-rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes (e.g., eye drops to dilate pupils); or "First aid" as defined below. What is considered first aid? The definition of "first aid" means the following: Using a non-prescription medication at nonprescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for recordkeeping purposes); Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment); Cleaning, flushing or soaking wounds on the surface of the skin; Using wound coverings such as bandages, Band-Aids™, gauze pads, etc.; or using butterfly bandages or Steri-Strips™ (other wound closing devices such as sutures, staples, etc., are considered medical treatment); Using hot or cold therapy; Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc. (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes); Using temporary immobilization devices while transporting an accident victim (e.g., splints, slings, neck collars, back boards, etc.). Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister; Using eye patches; Removing foreign bodies from the eye using only irrigation or a cotton swab; Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means; Using finger guards; Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); or Drinking fluids for relief of heat stress. What resources are available to assist employers? A-Z Safety and Health Topics The A-Z safety and health topics pages on medical services and first aid, bloodborne pathogens, coronavirus disease 2019 (COVID-19) and noise can provide more resource information. Training and Outreach Services Presentations on a variety of related recordkeeping topics are available to assist employers in training their staff. These include bloodborne pathogens, occupational noise exposure and recordkeeping. Each of these presentations should be modified to address site-specific conditions and hazards. In addition, the education, training and technical assistance bureau provides free online safety and health training and outreach services (i.e., speaker's bureau requests, safety booths) upon request. Further, the following pre-recorded webinars may be useful in understanding the referenced standards: recordkeeping, bloodborne pathogens, and occupational noise exposure. The NCDOL Library offers free safety and health videos (including streaming video services) and related research assistance on consensus standards (i.e., ANSI, NFPA, NEC). Consultation Services The consultative services bureau provides free and confidential onsite consultation regarding worksite safety and health hazards. Which Standards Apply? OSH has adopted the following standards which are applicable to recording and reporting in North Carolina. Note: Please also check the standards information and activity webpage to see if there has been any recent or upcoming regulatory activity on this topic. Recordkeeping 29 CFR Part 1904, featuring but not limited to: 1904.1 - Partial exemption for employers with 10 or fewer employees 1904.2 - Partial exemption for establishments in certain industries 1904.3 - Keeping records for more than one agency 1904.4 - Recording criteria 1904.5 - Determination of work-relatedness 1904.6 - Determination of new cases 1904.7 - General recording criteria 1904.8 - Recording criteria for needlestick and sharps injuries 1904.10 - Recording criteria for occupational hearing loss 1904.30 - Multiple business establishments 1904.32 - Annual summary 1904.35 - Employee involvement 1904.36 - Prohibition against discrimination 1904.39 - Reporting fatalities, hospitalizations, amputations, and loss of an eye 1904.41 - Electronic submission of injury and illness records to OSHA Appendix A - Partially Exempt Industries Other Applicable Standards The Which OSHA Standards Apply webpage can also help identify other standards that may be applicable to your worksite. Note: OSH automatically adopts all recordkeeping standards for application in North Carolina when published in the Federal Register in accordance with 13 NCAC 07A. 0301(a). Work-related fatality: Report to the OSH Division within eight hours after the death of an employee as a result of a work-related incident. During working hours (weekdays, 8 a.m. to 5 p.m.), call 1-800-625-2267 or 919-779-8560. After working hours (5 p.m. to 8 a.m.), weekends or holidays, call State Capitol Police at 919-733-3333. Work-related injury involving one or more of the following: Any in-patient hospitalization of one or more employees Any work-related amputation Any work-related loss of an eye Report to the OSH Division within 24 hours of the incident. Call 1-800-625-2267 or 919-779-8560. Any in-patient hospitalization of one or more employees, any work-related amputation, and any work-related loss of an eye may also be reported through the online accident reporting form. For any incidents resulting in the hospitalization of two or more employees after working hours, weekends or holidays, call State Capitol Police at 919-733-3333. What if the fatality, in-patient hospitalization, amputation, or loss of an eye does not occur during or right after the work-related incident? If a fatality occurs within 30 days of the work-related incident, or if an in-patient hospitalization, amputation, or loss of an eye occurs within 24 hours of the work-related incident, then you must report the event. If the fatality occurs after more than 30 days of the work-related incident, or if the in-patient hospitalization, amputation, or loss of an eye occurs after more than 24 hours after the work-related incident, then you do not have to report the event. However, you must record the event on your OSHA injury and illness records, if you are required to keep OSHA injury and illness records. Where can I learn more? Compliance Documents OSH Recordkeeping Memorandum: Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 provides interim guidance to compliance officers regarding the recording of COVID-19 cases by employers. Standards Notice: SN 75 - Public Sector Establishments for Recordkeeping clarifies how public sector employers can maintain the OSHA 300 logs for compliance inspections. Operational Procedure Notice: OPN 128 - Public Sector Surveys and Inspections establishes and implements a public sector survey process and inspection program as authorized by NCGS 95-133 and 95-148 to target for inspection those public sector employers with a high rate of recordable work-related illnesses or injuries. Industry Guides Industry Guide 48 - OSHA Construction Industry Standards Requiring Programs, Inspections, Procedures, Records and/or Training provides requirements for standards related to recordkeeping in construction. Industry Guide 49 - OSHA General Industry Standards Requiring Programs, Inspections, Procedures, Records and/or Training provides requirements for standards related to recordkeeping in general industry. Industry Guide 50 - OSHA Agriculture Standards Requiring Programs, Inspections, Procedures, Records and/or Training highlights the requirements of standards related to recordkeeping in agriculture. Industry Guide 53 - OSHA Shipyard Employment Standards Requiring Programs, Inspections, Procedures, Records and/or Training highlights the requirements of standards related to recordkeeping in shipyard employment. Industry Guide 54 - OSHA Marine Terminal Standards Requiring Programs, Inspections, Procedures, Records and/or Training provides requirements for standards related to recordkeeping at marine terminals. Technical Assistance If you would like to receive interpretive guidance on this or any other OSH standard or topic, you can submit your questions using the Ask OSH web form, by e-mail to firstname.lastname@example.org or by calling 919-707-7876. Frequently Asked Questions Are employers supposed to record workplace illnesses associated with COVID-19 on their OSHA 300 logs in accordance with 29 CFR Part 1904? On April 10, 2020, OSHA issued an enforcement memorandum that provides interim guidance to their Compliance Safety and Health Officers (CSHOs) for enforcing the requirements of 29 CFR Part 1904 with respect to the recording of occupational illnesses, specifically cases of COVID-19. The NCDOL OSH Division adopted this memorandum on April 13, 2020. Are the record retention requirements for the COVID-19 log different than the record retention requirements under 29 CFR Part 1904 for OSHA Forms 300, 300A, and 301, or the equivalent forms? Yes. Employers with more than 10 employees on the effective date of the Emergency Temporary Standard (ETS) are required to maintain and preserve a COVID-19 log while the ETS is in effect Under 29 CFR 1904.33(a), an employer must retain the OSHA 300 Log, the privacy case list (if one exists), the 300A annual summary, and the OSHA 301 Incident Report forms for five years following the end of the calendar year that these records cover. Does the small employer exclusion for recordkeeping requirements apply? The ETS provides that small employers with 10 or fewer employees on the date the ETS is effective are not required to comply with the recordkeeping provisions. This size exemption is based on the total number of employees in a company, rather than the number of employees at a particular location or establishment. All individuals who are “employees” under the OSH Act are counted in the total, including full-time, part-time, temporary, and seasonal employees. For businesses that are sole proprietorships or partnerships, the owners and partners would not be considered employees and would not be counted. Unpaid volunteers and immediate family members of farm employers would also not be counted to determine whether this small employer exclusion applies. Are the reporting requirements for a work-related fatality or in-patient hospitalization due to COVID-19 different from other causes of work-related fatalities or in-patient hospitalizations? Yes. Under 29 CFR 1904.39(b)(6), employers are required to report a work-related fatality to the OSH Division only if death occurs within 30 days of the work-related incident, or an in-patient hospitalization only if the in-patient hospitalization occurs within 24 hours of the work-related incident. However, under this ETS, employers are required to report each work-related COVID-19 fatality or in-patient hospitalization of any employee regardless of the amount of time between the exposure to COVID-19 in the work environment and the death or in-patient hospitalization. Employers must report each employee COVID-19 fatality to OSHA within 8 hours of learning about the fatality. Employers must also report each employee COVID-19 in-patient hospitalization to OSHA within 24 hours of learning about the in-patient hospitalization. Note: If an employer makes a report to the OSH Division concerning a COVID-19 in-patient hospitalization and that employee subsequently dies from the illness, the employer does not need to make an additional fatality report to the OSH Division. Additional COVID-19 compliance memorandums and documents can be found under the Learn More tab on the NCDOL COVID-19 safety and health topic page.