OSHA Electronic Reporting Webinar Q&A
In early November, I shared an important presentation on the new reporting requirements and next steps for companies affected by OSHA’s Electronic Reporting Rule. If you missed the webinar, you can check out the full recording here. With the *new* December 15, 2017 deadline quickly approaching, the time for employers to get compliant is shrinking.
We were asked several great questions during and after the webinar. Below are answers to the most commonly asked ones. For a quick overview on what you need to know, check out our latest 2 Minute Tuesday video.
What’s an NAICS code? How can I find out what mine is?
NAICS stands for North American Industry Classification System. It’s a list of codes established by the U.S. Census Bureau for the purpose of classifying businesses when putting together statistical data. Unlike many other codes, the NAICS code is ultimately determined by the employer based on your primary operations. The website www.naics.com is a great resource and includes features that allow companies to search for their code based on keywords or by using crosswalks to convert SIC codes into NAICS codes. The U.S. Census Bureau website also offers a free download of a catalog of codes and their descriptions.
What if I have multiple operations that fall under different codes?
If you have multiple operations within one facility, you would choose the code that represents the majority of your business. If you have multiple operations in separate buildings or facilities, you should break out each as individual establishments and OSHA 300 logs.
How do I know if my company is considered a high-risk industry?
With the ruling, OSHA put out a list of what qualifies as high-risk, organized by NAICS code. The full list of high-risk industries can be found here.
If I’m in a high-risk category but have under 20 employees, do I need to submit?
No. The minimum number of employees which triggers the requirement to electronically report is 20. So, if you have under 20 employees, regardless of industry, you don’t need to report. However, as a reminder, you’re still required to maintain your OSHA 300 logs and post the 300A annual summary each year.
How do these reporting requirements apply to staffing companies?
Under the current OSHA recordkeeping standard, staffing companies are required to maintain OSHA 300 logs for any employees that they directly supervise. In most cases, even for those with an on-site, the host employer is the one providing day-to-day supervision (as they determine the means, methods and process of production), so any injuries to temporary employees go on their OSHA 300 log. This means that the number of temporary employees and hours worked by them also go on the host employer’s OSHA 300A form and need to be considered when looking at number of employees. With that, staffing companies’ OSHA 300 logs and 300A forms will only consist of their internal staff. As temporary staffing is not considered a high-risk industry by OSHA, unless there is a branch with 250+ internal employees, most staffing companies won’t need to report electronically.
What’s the definition of an establishment for construction?
For recordkeeping purposes in construction, whichever office employees report to, that’s the location they’re considered an employee of. This means if there’s only one office, usually all employees are factored into that location. However, if there are job sites that have been active for over a year, they should then be considered their own establishment. Then, a separate log will need to be created and any employees working out of that location should be put on that log instead of an office location.
- OSHA Electronic Reporting: How to Report Webinar Recording
- OSHA Electronic Reporting Submission Guidelines White Paper
- 2 Minute Tuesday Video: OSHA Electronic Reporting Rule
- OSHA Electronic Reporting White Paper
ABOUT THE AUTHOR