Even if you are covered by one of these two exemptions, you may still be required to keep the OSHA 300 if you receive the Annual Survey from the Bureau of Labor Statistics or direction from OSHA. You would receive this at the beginning of the year for which you would need to keep these records.
You must use the OSHA Form 300 that is provided by OSHA or a form with the same information.
These cases, when recordable, must be entered on the OSHA 300, but the words â€œPrivacy Caseâ€ would be placed in column B of the OSHA 300 in lieu of the employeeâ€™s name. If stating the employeeâ€™s job or type of injury would identify the employee, those entries should be camouflaged.
For privacy concern cases, a separate list must be kept that includes the case number and the employeeâ€™s name. Only medical personnel and OSHA have a right to review the privacy concern list.
You can use an OSHA 300 modified to record the required information or just a spreadsheet with the following information:
The identity of the employee is required to be kept confidential on this log also. Since youâ€™ve already recorded the same case on the OSHA 300 and the privacy concern log, you might use some type of simple code on the Sharps Injury Log to relate these cases back to the information on the privacy concern log and the OSHA 300.
If you keep your OSHA 300 electronically, then being able to sort the OSHA 300 into sharps cases and non-sharps cases would be suitable. If you keep your OSHA 300 on paper, OSHA states that a separate page of the 300 for sharps cases would be necessary.
Itâ€™s important to note here that these three logs discussed thus far must be kept up-to-date for five years following the year in which the injury occurred.
For example, if a contractor employee loses consciousness due to breathing chorine while on your premises, and the chorine cylinder is a standard one ton size cylinder, then the contractorâ€™s injury will be recorded on his/her employerâ€™s OSHA 300 (assuming that the contractor is not directly supervised by you), and the injury will also be recorded on your contractor log of injuries and illnesses.
(NOTE: The contractor would record this case on its OSHA 300 regardless of the size of the cylinder because a work-related loss of consciousness occurred. But if the cylinder is less than 1500 pounds, the host employer would not be covered by the process safety management standard because the threshold quantity for coverage when the chemical is chlorine is 1500 pounds.)
The standard itself is not clear about the applicability of this paragraph. For example, does it apply to just OSHA recordable cases, or does it also apply to first aid cases? Does it apply to an organization that is covered by 1910.119, but exempt from 1904?
Paragraph 1910.119(h)(1) provides some guidance by stating that the log must be kept by â€œcontractors performing operating duties, maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a covered process area. It does not apply to contractors providing incidental services that do not influence process safety, such as janitorial work, food and drink services, laundry, delivery or other supply services.â€
Further guidance can be found in the preamble to this standard in the February 24, 1991, Federal Register on page 6387 at the bottom of column 2. OSHA states â€œan employer should be informed of all of the injuries and illnesses occurring in processes involving highly hazardous chemicals at the plant.â€
The purpose of this rule is to help an employer identify incidents that occur in a process area so that root causes can be determined and future incidents prevented. With that purpose in mind, I recommend that you record all work-related injuries and illnesses, recordable or first aid, that occur to any contractor in the process areas regardless of cause. Best practice is to have a separate log of all contractor injuries and illnesses that occur on your site.