Has OSHA’s Recent Shift Created The Most Complex Regulatory Requirements In History?

Pop quiz – What’s the difference between a bakery, a liquor store and a lumber yard?

According to OSHA, not much, when it comes to its newly-enacted reporting regulations.

In the past two (2) years, the U.S. Department of Labor and OSHA have revised multiple compliance requirements affecting a myriad of businesses. This multifaceted exercise started when OSHA required employers subject to the hazard communication standard to shift to the GHS standard, forgoing the old-style MSDS safety data sheets.

Further complications arose as of January 1, 2015, when OSHA introduced a new and much more comprehensive reporting standard for fatalities, in-patient hospitalizations, amputations and eye loss, and expanded the longstanding obligation to report single fatalities and three (3) or more in-patient hospitalizations according to 8-hour time limit to include these new categories: Click here to read our earlier alert.

Now, back to the bakery, liquor store and lumber yard.

As of January 1, 2015, OSHA is requiring employers to convert their current SIC Code to an NAICS Code for the purpose of determining whether they are exempt from recording workplace injuries and illnesses on an OSHA 300 Log. This involves a complicated procedure to find your new code, but it can be found at: www.osha.gov/recordkeeping2014/index.html. The NAICS Codes expand the number of employers with compliance obligations under OSHA 300 Log injury and illness recording. You guessed it – bakeries, liquor stores and lumber yards (among many other industries) may now have OSHA 300 Log obligations.

So, why should you care?

In the past two (2) years, the U.S. government has exponentially increased compliance, recordkeeping, reporting and recording obligations for both small and large employers. By reviewing the links and the content of this alert, employers can determine:

  1. Am I subject to the new OSHA requirements? 
  2. If I am covered, how do I comply? 
  3. Am I partially or conditionally exempt from some of the requirements?

If you have questions regarding the new requirements or, specifically, whether or not your company is exempt from them, and, if not, how to maintain compliance regarding OSHA 300 Log, please contact Mike Mallen, Neil Brunetz, Scott Simmons or any other member of our Workplace Safety Practice Group.