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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Top 10 OSHA Citations of 2016, October 2016

Every October, the Department of Labor’s Occupational Safety and Health Administration releases a preliminary list of the 10 most frequently cited safety and health violations for the fiscal year, compiled from nearly 32,000 inspections of workplaces by federal OSHA staff.  One remarkable thing about the list is that it rarely changes. Year after year, thousands of the same on-the-job hazards are cited, any one of which could result in a fatality or severe injury.

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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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Workers’ Compensation, Experience-Modifier, and How Litigation is Adding to Our Claims, August 2015

Introduction:  Workers’ Compensation (WC) insurance costs to the dealership are increasing more than other costs and much faster than inflation.  In this newsletter, we explain:

  • How WC Insurance Premium is calculated based on payroll
  • How manual premium rates are based on risks of the worker, e.g., the office worker has a lower manual rate compared to an auto service technician due to hazards on the job
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  • How a higher ex-mod results in higher premiums
  • How WC rates have climbed over the years
  • How Medical Indemnity has more than doubled over 15 years
  • How Allocated Loss Adjustment Expense (ALAE) per Indemnity Claim has tripled over 15 years

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Accident Investigation: The Who, What, When, Where, Why, and How, May 2015

Accident investigation should be the cornerstone of any safety program.  Many safety programs concentrate on safety inspections and training, but omit accident investigation.  Investigating accidents is not only a good idea, but also a requirement.  Below, we provide some guidance and tools to complete an accident investigation.

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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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Accident Reporting to OSHA & Injury Log Requirements, October 2014

OSHA INJURY LOG REQUIREMENTS

LOG 300, 300A & 301 REQUIRED FOR AUTO DEALERS

Background:  Prior to January 1, 2002 Cal/OSHA required auto dealers and other employers to keep an injury log known as OSHA Log 200.  Starting January 1, 2002, Fed-OSHA enacted Log 300, replacing the Log 200, but kept auto dealers exempt.  Good news was that California joined the Feds on 1/1/2002 and kept auto dealers exempt from logging requirements, as stated here.

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