CIFRADO DEL DISPOSITIVO MÓVIL

Section 1904.32 Annual summary

Question 32-1. How do I calculate the “total hours

worked” on my annual summary when I have both hourly and temporary workers?

To calculate the total hours worked by all employees, include the hours worked by salaried, hourly, part- time and seasonal workers, as well as hours worked by other workers you supervise (e.g., workers sup- plied by a temporary help service). Do not include vacation, sick leave, holidays, or any other non-work time even if employees were paid for it. If your estab- lishment keeps records of only the hours paid or if you have employees who are not paid by the hour, you must estimate the hours that the employees actually worked.

Question 32-2. If an employer has no recordable

cases for the year, is an OSHA 300-A, Annual Summary, still required to be completed, certified and posted?

Yes. After the end of the year, employers must review the Log to verify its accuracy, summarize the 300 Log information on the 300A summary form, and certify the summary (a company executive must sign the certification). This information must then be post- ed for three months, from February 1 to April 30. Question 32-3. If employers electronically post the

OSHA 300-A Summary of Work-related Injuries and Illnesses, are they in compliance with the posting requirements of 1904.32(b)(5)?

No. The recordkeeping rule allows all forms to be kept on computer equipment or at an alternate loca- tion, as long as the employer can produce the data when needed. Section 1904.32(b)(5), requires employers to post a copy of the Annual Summary in each establishment, where notices are normally post- ed [see 1903.2(a)], no later than February 1 of the year following the year covered by the records and kept in place until April 30. Only the OSHA 300-A

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LETTERS OF INTERPRETATION: Section 1904.32

Section 1904.32 Annual summary

OSHA requirements are set by statute, standards and regulations. Letters of interpretation explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. These letters constitute OSHA’s interpretation of the requirements discussed. Note that OSHA enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such develop- ments, you can consult OSHA’s website at http://www.osha.gov.

Letters of Interpretation constitute OSHA’s interpretation only of the requirements discussed and may not be applicable to any situation not delineated within the original correspondence.

Letter of interpretation related to sections 1904.26(b)(6), 1904.29(b)(10), 1904.32(a)(4) and 1904.32(b)(6) –

Posting requirements for the OSHA 300 Log and OSHA 300-A Summary Form.

December 18, 2003 Ms. Alana Greer

American Civil Liberties Union of Florida 4500 Biscayne Boulevard, Suite 340 Miami, FL 33137-3227

Dear Ms. Greer:

This is in response to your letter dated July 9, 2003. Please excuse the delay in our response. Thank you for your comments pertaining to the Occupational Safety and Health Administration’s (OSHA) Injury and Illness Recording and Reporting requirements contained in 29 CFR Part 1904. You state that your office has received several complaints regarding the medical privacy of employ- ees regarding the recordkeeping requirements. Specifically, you ask OSHA to clarify the appropri- ateness of posting the entire OSHA 300 form (the Log of Work-Related Injuries and Illnesses) at the employer’s establishment.

You are correct in your understanding that, while employers are required to complete both OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 300-A Summary of Work- Related Injuries and Illnesses, only the latter, Form 300-A, is required to be posted in the work- place.

Despite the fact that only the Summary Form 300-A is required to be posted, some employers apparently have posted both the Form 300 and Form 300-A in the workplace. You suggest that fur- ther clarification is needed with the recordkeeping forms or elsewhere, making clear to employers that the Form 300 should not be posted along with the Summary Form 300-A.

The instructions that accompany the OSHA recordkeeping forms do include the following Question and Answer: “When must you post the Summary? You must post the Summary only--not the Log-- by February 1 of the year following the year covered by the form and keep it posted until April 30 of that year.”

We will take additional steps to emphasize the distinction between the Form 300 and the Form 300-A and the fact that only the latter is required to be posted in the workplace, through News Releases that we issue that remind employers of the posting requirement, and including this issue under the Frequently Asked Questions on the Recordkeeping Section of our website. Your assis- tance in also making employers aware of this distinction is appreciated.

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I do want to make one further point of clarification. While our rules do not require the Form 300 to be posted (and we will attempt to communicate that more clearly, as described above), the regu- lation also does not prohibit an employer from posting the Form 300 along with the Form 300-A. However, if the employer does choose to post the full Form 300 Log, they should post the Log in an area only accessible by those granted access under the rule (i.e., employees, former employees, employee representatives, and an authorized employee representative). If the posting area is accessi- ble by others (e.g., members of the public) the employer must remove or hide all names of the injured or ill employees as set out in Section 1904.29(b)(10). In addition, 1910.29 prohibits the employer from including the employee’s name for “privacy concern” cases whenever the Form 300 Log is made available to coworkers, former employees, or employee representatives.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation let- ters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA’s interpretation of the require- ments discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep

appraised of such developments, you can consult OSHA’s website at http://www.osha.gov. If you have any further questions, please contact the Division of Recordkeeping Requirements, at 202- 693-1702.

Sincerely,

John L. Henshaw Assistant Secretary

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(a) Basic requirement.

You must save the OSHA 300 Log, the privacy case list (if one exists), the annual summary, and the OSHA 301 Incident Report forms for five (5) years fol- lowing the end of the calendar year that these records cover.

(b) Implementation.

(1) Do I have to update the OSHA 300 Log during the five-year storage period?

Yes, during the storage period, you must update your stored OSHA 300 Logs to include newly discov- ered recordable injuries or illnesses and to show any

changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes, you must remove or line out the original entry and enter the new information.

(2) Do I have to update the annual summary? No, you are not required to update the annual summary, but you may do so if you wish.

(3) Do I have to update the OSHA 301 Incident Reports?

No, you are not required to update the OSHA 301 Incident Reports, but you may do so if you wish.

Section 1904.33

Retention and updating