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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Old Rules Relaxed & New Rules Added (CALIFORNIA ONLY), January 2017

TO MIX OR NOT TO MIX – OLD RULE

SEPARATION OF PAPER & METAL:  In 2016, California EPA started to enforce hazardous waste regulations regarding used oil filters.  While crushed metal oil filters could be recycled as scrap metal, paper cartridge filters and metal oil filters (with free flowing used oil upon puncture) were to be disposed of as hazardous waste.  Dealers started to separate the two types of oil filters and dispose of them as two different streams.

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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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July 1, 2018 Deadline to Upgrade Booth (For Some) & July 1, 2019 Deadline for All, July 2016

South Coast Air Quality Management District (SCAQMD) is the regulating agency for air quality in the LA basin and has implemented emission limits on NOx that require paint booth burner upgrades.  We last wrote to you in 2014 regarding these rules that apply to body shops concerning booth maintenance and documentation of NOx emissions limits for equipment burning natural gas, such as dryers, ovens, and afterburners, located at your collision center paint booth.  The deadline for compliance was July 1, 2014 to upgrade your booth.

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California Tow Drop-Off Regulations, July 2016

CALIFORNIA LAW ON TOWING

California enacted AB 1222 earlier this year mandating certain recordkeeping provisions for tow truck companies amongst other statutory requirements.  If the dealer is in the towing business, then we recommend that you consult and implement all provisions of AB 1222 (Bloom).  Since dealers with tow truck ownership are very few, we will not discuss in detail the tow truck company operational issues and recordkeeping requirements, but rather the dealer obligations under the new law as they receive automobiles from independent tow truck companies.

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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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