April 30 Occupational Safety and Health Administration deadline looms

April 05, 2013 (Press-News.org) Unless your business has fewer than 10 employees, you may be required by the U.S. Department of Labor to comply with an important April 30 reporting deadline. The Occupational Safety and Health Administration (OSHA) -- the federal organization that sets and enforces standards regarding safe working conditions for American employees -- requires that employers complete and post Form 300 by the end of this month.

OSHA laws require strict recordkeeping and reporting regulations that apply to all but certain exempt employers who have 10 or more employees. Some employers within certain low hazard finance, insurance, real estate, retail or service industries are exempt from the Form 300 reporting requirement.

Reporting requirements

Covered employers must prepare and maintain a record of job-related injuries and illnesses experienced by their employees each year. In addition to immediate reporting requirements for worker deaths or hospitalizations of multiple employees, work-related incidents must be posted in the workplace by the deadline. The incidents include injuries, illnesses or exposure that:
- Required medical treatment beyond first aid
- Resulted in missed work, restricted work or a job transfer
- Caused a loss of consciousness
- Required hospitalization
- Resulted in a diagnoses by a doctor or other licensed health care professional
- Caused an acute or chronic illness
- Aggravated a pre-existing injury or illness
- Caused or contributed to an immediate or delayed death

The employer must post a list of the above incidents -- even if there were none -- in an area in the workplace that is common to all employees. The purpose of the reporting is to aid in the understanding of workplace hazards and safety issues so that hazards can be reduced or eliminated.

Top reported violations

OSHA also analyzes the data reported each year in an attempt to create standards that save lives and provide safer working conditions for all workers across the nation. In addition to the reports, OSHA also conducts worksite evaluations and provides feedback to employers in order help improve worker safety. Based on the evaluations, compliance issues occurred most frequently in the following regulated areas:
- Use of scaffolding and ladders
- Protection from falls
- Communication regarding hazards
- Respiratory protection
- Installation, examination and use of electrical equipment
- Use of proper electrical wiring methods
- Use of motorized industrial vehicles such as forklifts, tractors and hand trucks
- Control of hazardous, stored energy
- Guarding from machine

Seek legal advice

Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, South Carolina, Tennessee, Utah, Vermont, Washington and Wyoming have their own state OSHA programs for private employees. These states follow federal rules but their laws may vary slightly from Texas laws.

If you have questions about OSHA requirements or have compliance issues, contact an experienced OSHA compliance lawyer. A knowledgeable attorney can help you defend against an alleged violation or enforcement action and can help you find appropriate information for your state's programs.

Article provided by Kerr, Hendershot & Cannon, P.C.
Visit us at www.khcbusinesslaw.com