OSHA Recordkeeping: Addressing Your Remaining Questions

Where can I find the Excel OSHA Logs that will automatically populate the information on the OSHA 300A?

You can download the excel templates here.

If the doctor says RTW with restriction, but the employee wants a day off to rest, is that a lost time day?

Follow the doctor’s recommendations of restriction. This should not be a lost day case.

In regards to determining new cases, would a hernia be a new case if the employee has pain after they had their hernia previously addressed? Or is it a new case since it has been considered healed if they are released from restrictions with Maximum Medical Improvement?

New case because the employee achieved MMI.

If we have two locations, do we have to submit two 300 logs annually? We have a main headquarters and a remote location that has 13 staff who use a space provided by our client.

You can submit one (1) log with both locations, or two separate logs.

Can you please clarify the total hours worked and average hours data? If we have multiple locations and multiple logs to post, should we use the total numbers or numbers for each specific location?

Hours at each specific location should be on each location’s log.

If you use a contractor, like an HVAC company, to perform duties on-site, are the hours to be included on our forms?

Any injuries sustained for the contractors and hours worked would go on the contractor’s OSHA log.

If an employee does not report an injury that occurs in the work environment, then goes to the doctor on their own and does not mention to the medical facility that they are being treated for a work-related injury, then is prescribed a prescription. I understand this to be recordable. Is it possible to go back to that doctor to modify the prescription to prevent the recordable once we learn about this as the employer?

You can certainly ask the doctor, but ultimately, it’s the doctor’s call on prescription strength. Developing a relationship with your occupational health clinic is always beneficial.

Staffing supervised by the employer and no injury occurred with the staffing employees—do you still include their hours worked for the year in the total hours?

Correct, include the staffing hours on your OSHA Log.

If an injury occurs on December 31st and you update the log with current numbers that go beyond March 2nd, do I have to resubmit the updated log to OSHA? Or do I just update our logs and keep them in-house?

You do not have to resubmit. Send the log with the most updated data. Continue to update internally as more information becomes available.

Can we discipline an employee for not reporting an injury when it happens?

Yes, if employees have been trained to report all injuries, failure to report could be grounds for discipline. You should have and follow your disciplinary action program.

Do I still need to fill out an OSHA 300A, or can I just continue to fill out the OSHA 300 log?

If you are required to maintain OSHA logs, you must maintain all logs (300, 300A and 301 or equivalent).

Can you backdate logs and summaries if they were not saved but an injury report was saved?

Yes, you can backdate logs.

Not related to logging, but is it permitted to blanket drug-test employees who are involved in a vehicular incident?

If you are subject to DOT regulations, yes. I would check your local/state laws specific to marijuana. I also suggest reaching out to a labor attorney.

If we have multiple locations and traveling salesmen that may help out on occasion at various locations, where should they be counted on the logs for hours worked, etc.? Same question for employees that may help at other locations but primarily work at one specific location, and/or transfer to another location at some point during the year.

Traveling employees can be kept on any log you decide as long as each employee is connected to a log.

Can you test post-incident accidents if you are not testing for THC?

Yes, post-accident testing for all controlled substances (not marijuana) is acceptable. I would check your local/state laws. I suggest reaching out to a labor attorney.

If we have safety-sensitive jobs, can we continue post-injury drug testing?

I suggest reaching out to a labor attorney. If you comply with DOT/FMCSA, you can continue to conduct post-injury drug testing.

Can you touch back on post-accident testing? Our company has a drug-free policy, so if an employee sees a doctor, they are required to get tested. If they test positive for marijuana, they are terminated for violating the company’s drug and alcohol policy—are you saying we shouldn’t be doing that?

In IL or other states where marijuana is recreationally legal, post-accident drug testing without reasonable suspicion and the employee is terminated could result in a wrongful termination lawsuit. I suggest reaching out to a labor attorney.

Discipline after an injury is listed as prohibited. Is that the case if the employee gets injured while not following procedure, such as not wearing PPE or using proper tools/removing guards from tools?
Correct, discipline for simply reporting an injury is prohibited. If the employee violated safety rules and was injured, discipline can follow.

If an employee is off work as a result of injury for over the leave time period whereby the job can no longer be held, can they be terminated?

This is an HR/legal question.

Can you use one ITA account to report for multiple locations?

Yes.

If an injury occurred on 12/27/2024 but the employee did not report the injury until 1/7/2025, would that go on the 2024 log or 2025?

It should go on the 2024 log (the year in which the injury occurred).

If you cap days at 180 due to a combination of days away and job transfer/restriction, where do you record this number (which column)?

You can continue to count until the combination is 180 at which point you can stop counting. I.e. 120 days away, 60 restrictions, stop counting.

If my HRIS system (Paycor) has electronic filing for OSHA logs, is that sufficient for keeping records, or do I also need to keep paper files?

You can keep electronic OSHA logs as long as they can be produced when requested.

If an injury occurs in December and days away extend into January, do we include the days missed in the next year on the log from the prior year?

It should go on the 2024 log (the year in which the injury occurred).

If an accident or illness is not recordable, does it still go on the record/log?

No, not recordable.

If a parking lot or sidewalk is not maintained by the employer, would that be recordable?

If an employee is injured in a parking lot maintained by someone else, it is generally not considered OSHA recordable as long as the parking lot is not considered part of the employer’s “establishment” and the injury occurs while the employee is commuting to or from work, meaning it falls under the motor vehicle accident exception in OSHA regulations; however, specific circumstances need to be evaluated based on the situation and control over the parking area.

For credit unions, I believe expectations of filing have changed in the past years. What is the federal or MN state requirement today?

I will need your NAICS code to confirm.

When you say “is it not recordable,” do you mean a claim does not need to be submitted? Or what do you mean by that, just so I am clear.

Recordability and compensability are two separate items. When I say recordable, I am referring to OSHA.

An employee did not report the injury at the time it happened, deemed to need surgery, and agreed it was work-related. What date do you use for recording purposes?

I would ask the employee when the injury occurred or a ballpark time/date and enter that date.

Is there a number of volunteer hours that OSHA considers as a full-time employee?

OSHA does not define full-time employee.

Can you please repeat the info about the terminated employee and reporting the injury if the employee has terminated?

If the employee has been terminated following an injury (for other reasons), you can stop counting on the day of termination.

For the annual average number of employees, would you base that number off the number at the end of the year or all employees, even if no longer employed?

The total hour count at the end of the year including the hours worked by the employee who is no longer employed.

Question about NAICS codes. May we use different NAICS codes based on locations? We are a local government organization and have a variety of industries like fire service, law enforcement, water utility, etc. I complete a log for each location and use a code relevant to that location but want to make sure that is accurate.

We are a local government organization and have a variety of industries like fire service, law enforcement, water utility, etc. I complete a log for each location and use a code relevant to that location but want to make sure that is accurate. Confirmed. You can use different codes based on operations (choose the code that best reflects your operation at those locations).

If a recordable injury happens in December 2024 with restrictions only pending surgery, then the surgery is done in 2025, is it reported on the 2024 log as days away from work?

Yes, record on the injury on the year’s log when the injury occurred.

When we calculate total hours worked for the year, do we include vacation or other paid time off?

Do not include vacation, sick leave, holidays, or any other non-work time even if employees were paid for it.

If someone visits a facility because they left something in their locker—they are not working at all but may have worked earlier and left (clocking out)—and are injured, is this recordable?

For purposes of OSHA recordkeeping injuries and illnesses occurring in the work environment are considered work-related. Punching in and out with a time clock (or signing in and out) does not affect the outcome for determining work-relatedness. If the employee experienced a work-related injury or illness, and it meets one or more of the general recording criteria under section 1904.7, it must be entered on the employer’s OSHA 300 log.

If an employee received first aid treatment only but is placed under restrictions that affect their work duties, is that recordable?

Correct, this would be a DART recordable case and not medical treatment beyond first aid.

We are a client-based organization. If a client is injured at the facility, is that recordable?

If your employees are injured at a client’s site, the injury goes on your OSHA log.