February isn’t just a month for wondering if Punxsutawney Phil will predict six weeks until spring or six more weeks of winter, it is that time of year to discuss and ensure you are compliant with the OSHA Form 300A requirements. Beginning February 1st to April 30th , OSHA mandates that certain employers with 10 or more employees post copies of their OSHA Forms 300A in their employees’ workplaces.
Employers subject to Occupational Safety and Health Administration’s (OSHA) recordkeeping requirements must ensure copies of their completed Forms 300A from last year, 2019, are posted in each of their locations or establishments in a conspicuous place or places where notices to employees are customarily posted. These employers must also ensure their Form 300A postings remain in place from February 1st until April 30th and are not altered, defaced or covered by other material.
Let’s take a moment to look at whom is required and what employers are exempt from posting OSHA Forms 300A according to the California Department of Industrial Relations website.
§ 14300.1. Partial Exemption for Employers with 10 or Fewer Employees.
(a) Basic requirement.
(1) If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep Cal/OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must keep records under the provisions of Section 14300.41 or Section 14300.42. However, all employers must continue to file reports of occupational injuries and illnesses with the Division of Labor Statistics and Research as required by Article 1 of this subchapter, and to immediately report to the Division of Occupational Safety and Health any workplace incident that results in serious injury or illness, or death, as required by Title 8 Section 342.
(2) If your company had more than ten (10) employees at any time during the last calendar year, you must keep Cal/OSHA injury and illness records unless your establishment is classified as a partially exempt industry under Section 14300.2.
(1) Is the partial exemption for size based on the size of my entire company or on the size of an individual establishment?
The partial exemption for size is based on the number of employees in the entire company.
(2) How do I determine the size of my company to find out if I qualify for the partial exemption for size?
To determine if you are exempt because of size, you need to determine your company’s peak employment during the last calendar year. If you had 10 or fewer employees at all times in the last calendar year, your company qualifies for the partial exemption for size.
Note: Authority cited: Section 6410, Labor Code. Reference: Section 6410, Labor Code.
Here is a link to the exact page from California Department of Industrial Relations for your reference.
As an added resource and to begin preparing for February 2021, you can access approved forms in fillable PDF or as an Excel format by visiting the United States Department of Labor’s website.
Contact your Liberty Company Insurance Brokers insurance expert today for a risk evaluation, as well as tools and resources to help keep your company OSHA compliant.