California Requires Auto Dealers to Keep Log 300 Similar to Federal Requirements, December 2017

LOG 300, 300A & 301 REQUIRED FOR AUTO DEALERS

Background:  Cal/OSHA and Fed-OSHA now requires auto dealers and other employers to keep a record of occupational injuries and illnesses using OSHA Log 300 and post summary on employee notice board from February 1 to April 30, 2018.

Forms & Guidance to Fill:  Fed-OSHA and Cal/OSHA forms are identical in nature.

California Forms: https://www.dir.ca.gov/dosh/DoshReg/ApndxA300Final.pdf

Federal-OSHA:  https://www.osha.gov/recordkeeping/RKforms.html

  • OSHA Form 300 – Log of Work-Related Injuries & Illnesses
  • OSHA Form 300A – Summary of Work-Related Injuries & Illnesses
  • OSHA Form 301 – Injury & Illness Incident Report

Excel:  We recommend using the excel forms as entry by hand in the limited space provided on PDF forms can make things cumbersome.  Furthermore, the excel forms automatically calculate the Summary Log (which needs to be posted).

Posting Requirements:  Form 300A (Summary of Work-Related Injuries & Illnesses) for 2017 must be posted on the employee notice board from February 1, 2018 to April 30, 2018.  ONLY Form 300A needs to be posted.  Disclosing injured employee name on the notice board is a big no-no.

Cal/OSHA Guide on Completing Forms: http://www.dir.ca.gov/dosh/dosh_publications/reckeepoverview.pdf

Fed-OSHA Guide on Completing Forms: https://www.osha.gov/recordkeeping/new-osha300form1-1-04.pdf

Tutorial for Completing Forms: A tutorial is available to assist in completing the forms at https://www.osha.gov/recordkeeping/tutorial.html.

Recordkeeping Questions & Answers: See https://www.osha.gov/dte/grant_materials/fy10/sh-20856-10/Recordkeeping_Questions_w_Answers.pdf.

First-Aid Not Recordable on Log 300:  https://www.osha.gov/recordkeeping/firstaid_list.pdf​.

Serious Injury:  Call your local OSHA office to report serious injury.  California and Federal definitions of serious injury differ.  California Code on reporting serious injury is https://www.dir.ca.gov/title8/342.html.

Commentary:  The forms are provided as a tool for the employer to document injuries, inform employees of accidents at the facility and allow OSHA inspectors to obtain a quick summary of accidents at the workplace.  Employers must use this log as a management tool to gauge the nature and frequency of injuries in order to determine corrective measures for accident elimination, and to counsel employees who show up on the accident log on a repeated basis.  Certain highlights of the forms are as follows:

  • Requires records to include any work-related injury or illness resulting in one of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first-aid, loss of consciousness, or diagnosis of a significant injury or illness by a physician or other licensed health care professional.
  • Requires a significant degree of aggravation before a preexisting injury or illness becomes recordable.
  • Requires employers to record cases when injured or ill employees are restricted from their “normal duties,” which are defined as work activities employees regularly perform at least once per week.
  • You may stop counting days of restricted work activity or days away from work once the total of either or the combination of both reaches 180 days.
  • Focus on days away or days restricted or transferred. Rules rely on calendar days instead of workdays!
  • Requires employers to establish a procedure for employees to report injuries and illnesses and to tell their employees how to report. Employers are prohibited from discriminating against employees who report.  Employee representatives will have access to those parts of OSHA Form 301 relevant to the employees they represent.
  • Protects employee privacy by (1) prohibiting employers from entering an individual’s name on Form 300 for certain types of injuries or illnesses (i.e. sexual assault, HIV infection, mental illness, etc.); (2) providing employers the right not to describe the nature of sensitive injuries in which the employees’ identity would be known; (3) giving employee representatives access only to the portion of Form 301 which contains no personal identifiers; and (4) requiring employers to remove employees’ names before providing the data to persons not provided access rights under the rule.
  • Requires the annual summary to be posted from February 1 to April 30 in the following year. Requires certification of the summary by a company executive.

Cal/OSHA v. Fed-OSHA Reporting Guidelines:  An employee trips in the service driveway of your dealership during normal course of business and seeks medical treatment.  Employee comes back to work the next day, but continues treatment of physiotherapy and medication.  After 6 months, the MD states that only surgery can cure the knee problem and the employee proceeds with knee surgery.  The issue is whether this knee accident is now Cal/OSHA reportable as a serious injury accident. Yes, the accident must be reported to Cal/OSHA under the serious injury reporting statutes (Section 342). On the other hand, you must only report to Fed-OSHA if a fatality occurs within thirty 30 days of the work-related incident. For an in-patient hospitalization, amputation, or loss of an eye, you must only report the event to OSHA if it occurs within 24 hours of the work-related incident.

Electronic Recordkeeping Submission:  Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records must electronically submit information from OSHA Forms 300 — Log of Work-Related Injuries and Illnesses, 300A — Summary of Work-Related Injuries and Illnesses, and 301 — Injury and Illness Incident Report.  See https://www.osha.gov/Publications/OSHA3862.pdf.

 

DOWNLOAD:  December 2017 Newsletter

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Injury Log Requirements & Accident Reporting to Fed-OSHA, September 2016

LOG 300, 300A & 301 REQUIRED FOR AUTO DEALERS

Background: Cal/OSHA now requires auto dealers and other employers to keep a record of occupational injuries and illnesses using OSHA Log 300. We note that Fed-OSHA had issued these requirements to auto dealers in 2015.

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California Exemption to Log 300 & First Aid Kit, January 2016

CALIFORNIA LAW ON LOG 300

As of the start of 2016, the California Occupation Health & Safety Standards Board has not approved of the changes to the recordkeeping guidelines. This process can take up to six months, essentially pushing the compliance date to January 1, 2017.

In summary, auto dealers in California are currently exempt from Log 300 requirements.  See https://www.dir.ca.gov/dosh/DoshReg/FinalEmpRec.html.  Cal/OSHA has inspected dealers for regulatory violations and has not requested to see the Log 300 as they are exempt per state regulations.

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Recordable Injury vs. Reportable Injury, March 2015

RECORDABLE:  Federal-OSHA requires auto dealers to keep a record of occupational injuries and illnesses using Log of Work-Related Injuries & Illnesses (OSHA Form 300).  We discussed this in great detail in our October 2014 Newsletter.  We note that first-aid is not recordable on OSHA Log 300.  The federal legal definition of first-aid is as follows:

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First Aid, CPR, and AED: Regulation and Good Practice, August 2014

Background: Dealers have recently been looking at providing Automatic External Defibrillators (AED) in their showrooms and debating whether to provide training to employees to render first-aid and CPR. In this newsletter, we discuss the regulatory requirements for first-aid kits, training for employees on first-aid & CPR, and AED.

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Investigate Accidents, Log 300, Workers’ Compensation, etc., April 2002

Investigate Accidents:  Save Money & Fight Fraud

A prompt, accurate and thoughtful accident investigation can, simply stated, save money and fight fraud.  First, it is state law that mandates that an employer investigate each accident and take corrective measures to prevent repetition of accidents.  Secondly, a written investigation report can be reviewed by senior management or the safety committee to undertake steps that would prevent such accidents in the future.  Last and not the least, such reports can be useful ammo in fighting the 3F–Fictitious, Fraudulent or Frivolous claims.  In summary, as an employer, it is your duty to provide a safe workplace and also to ensure that any worker’s compensation claim is legitimate and preventable in the future.

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Civil & Criminal Penalties, First-Aid, Penalties, etc., November 1999

Civil & Criminal Penalties Increased for OSHA Violations

On October 5, 1999, Governor Davis signed into law a bill which increases the civil and criminal penalties for willful, serious and repeat violations of occupational safety and health (Cal-OSHA) standards.  The law goes into effect on January 1, 2000, which gives the district attorneys more flexibility to prosecute as either a misdemeanor or a felony, willful violations of safety standards which result in a death or permanent/prolonged impairment.

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