Is Your 300A Accurate? Compliance Tips Before the February 1 Deadline It’s almost that time again! Employers in the United States who are subject to OSHA’s Recordkeeping Rule are required to post a signed copy of their Summary of Work-Related Injuries and Illnesses (Form 300 A) in a location accessible to employees by February 1. Still, many employers make common recordkeeping mistakes, some of which potentially affect compliance with the Recordkeeping Rule. With the deadline approaching, let’s take a moment to review form 300A and related aspects of the recordkeeping rule and help you avoid some of the most common mistakes made by employers. Who is Covered by the Recordkeeping Rule? OSHA’s Recordkeeping Rule covers all employers with 11 or more employees in the company at any time during the calendar year, unless their NAIC code is included on the Partially Exempt List. All employers covered by the rule are required to keep occupational injury and illness records including the Log of Work-Related Injuries and Illnesses (Form 300), individual Injury and Illness Incident Reports (Form 301s) for each recordable injury or illness, and the Form 300A. Those employers who have 10 or fewer employees in the company or who are in one of the low hazard industries listed on the partially exempt list are not required to maintain these forms but are still required to report any fatalities (within 8 hours), hospitalizations of 1 or more employees (within 24 hours) and incidents involving amputation or loss of eye (within 24 hours). Completing and Posting the 300A If your establishment is part of a company that is covered by the recordkeeping rule, you must complete and post Form 300A summarizing 2017 occupational injury and illness data by February 1. Remember to have a company executive sign the form prior to posting. Once posted, the signed 300 A must remain up until April 30th, and can be taken down after that date. What Are Common Mistakes Regarding the 300A? Failure to Sign One of the most common mistakes regarding the 300 A is simply the failure to properly sign it. OSHA requires a “company executive” to sign the form prior to posting, which expresses OSHA’s intent that the signer should be an individual with a high degree of responsibility and authority for the facility. Since the signature certifies that the information in the document is “true, accurate, and complete,” OSHA considers it a crucial step, and views unsigned forms as being out of compliance. Outdated Forms You should also ensure that old or outdated forms are taken down because this can confuse employees about which data actually represents the past calendar year. OSHA can potentially judge a facility with outdated or conflicting forms posted to be out of compliance. Confusing Establishment Size for Company Size in Determining Requirements Other mistakes are less obvious. For example, here’s a pop quiz for you. You’re the manager of a small facility within the NAIC code subject to the recordkeeping rule. This establishment is also part of a company with over 11 employees across its locations, but at your location, no more than 5 people are ever employed. Do you have to complete, sign, and post the 300A? Many would answer that they do not have to – and this answer would be wrong. Despite still prevalent confusion over this point, recordkeeping applicability is determined by company size, not establishment size. OSHA defines an “establishment” as “a single physical location where business is conducted or where services or industrial operations are performed.” Since the company is in an NAIC code subject to the recordkeeping rule and has 11 or more employees, every individual establishment within that company must complete its own 300A, regardless of the number of employees working at the establishment itself. The information summarized for the form must be that for the specific establishment, rather than summary information for the company as a whole. Of course, the smaller the establishment, the greater the likelihood that no occupational injuries or illnesses at all occurred, but if that’s the case, a 300A would need to be posted indicating their absence. Bookkeeping Mistakes Other mistakes on the 300A can be caused by administrative, or “bookkeeping” mistakes. One of the most common mistakes involves errors in the classification of injuries on the 300 form, which then cascade into inaccurate summary information on the 300A. For instance, many people mistakenly check the boxes for both “days away from work” (Column H) and “job transfer or restriction” (Column I) on Form 300, when per the instructions on the form, they should check only one box for each case. A case involving both days away from work and restrictions should therefore be classified only as a “days away from work” incident since that is the more severe outcome. Checking both boxes will “double count” the incident and result in a discrepancy between the total number of recordable cases (Line J) and the numbers of days away from work (Line H) and restricted/job transfer (Line I) incidents on the 300A. A related mistake can occur if an injury or illness that begins as restricted/job transfer worsens and becomes a day away from work incident, but the OSHA 300 log is not updated to reflect this. Subpart D of the recordkeeping standard requires employers to update the 300 log when they become aware of “changes that have occurred in the classification of previously recorded injuries and illnesses.” An employer who does not accordingly change the classification on the 300 will consequently have inaccurate summary information on the 300A. Another example of a “bookkeeping” mistake is failure to correctly count the number of days away from work or the number of days of job transfer or restriction on Form 300, which then affects the accuracy of the information on lines K and L of the 300A. Remember that you must count all calendar days that employees had restrictions/job transfers and days away from work, beginning the day after the incident occurred. This means that you count weekends and holidays too, even if the employee would not have worked on those days. You may stop counting days of restricted work activity or days away from work once the total of either or the combination of both reaches 180 days. For all of the reasons above, it is a good idea to be proactive about reviewing your occupational injury and illness records, since there is a good chance you might have missed something! As a best practice, revisit your records on at least a quarterly schedule and update as needed.

OSHA Links: OSHA Health Effects Information and Resources Construction – Standard and Resources General Industry and Maritime – Standard and Resources Sampling and Analysis FAQs Training and Reference Materials Downloadable PDFs: OSHA Fact Sheet: Workers’ Exposure to Respirable Crystalline Silica: Final Rule Overview OSHA Fact Sheet: OSHA’s Crystalline Silica Rule: Stakeholder Participation and Changes to the Standards OSHA Fact Sheet: OSHA’s Crystalline Silica Rule: Construction OSHA Fact Sheet: OSHA’s Crystalline Silica Rule: General Industry and Maritime OSHA Fact Sheet: Control Of Silica Dust In Construction: Stationary Masonry Saws OSHA Fact Sheet: Control Of Silica Dust In Construction: Handheld Power Saws OSHA Fact Sheet: Control Of Silica Dust In Construction: Walk-Behind Saws OSHA Fact Sheet: Control Of Silica Dust In Construction: Drivable Saws OSHA Fact Sheet: Control Of Silica Dust In Construction: Handheld & Stand-Mounted Drills OSHA Fact Sheet: Control Of Silica Dust In Construction: Jackhammers or Handheld Powered Chipping Tools OSHA Fact Sheet: Control Of Silica Dust In Construction: Handheld Grinders For Tasks Other Than Mortar Removal OSHA Fact Sheet: Control Of Silica Dust In Construction: Heavy Equipment Used During Demolition Activities OSHA Fact Sheet: Control f Silica Dust In Construction: Heavy Equipment Used For Grading & Excavating Tasks OSHA Frequently Asked Questions: Respirable Crystalline Silica Rule (Background and Health Impacts) Employer Requirements: Respirable Crystalline Silica Safety The 11 Things Construction Employers Need To Know About The New OSHA Silica Rules OSHA’s New Crystalline Silica Standard is Now Being Enforced for Construction (also includes General Industry information) New Respirable Silica Rule Poses Problems for Construction Industry Silica Health Issues: More than 14,000 workers in the US have died from silicosis since 1968. From 2005 through 2014, OSHA listed silicosis as the underlying or a contributing cause of death on over 1,100 death certificates in the United States. Health Hazard Information Card: Crystalline Silica Exposure in General Industry “Crystalline Silica Exposure” Health Hazard Information for General Industry Employees OSHA INFOSHEET: Respirator Medical Evaluation Questionnaire Preventing Silicosis in Construction and Hydraulic Fracturing The CDC’s Silica page has archived information on health issues OSHA Quick Card on Silicosis (Effects, Symptoms, Sources, and Preventing) OSHA’s "Stop Silicosis" Video (2016) American Lung Association: Silicosis Silicosis: Statistics on deaths, death rates, and years of potential life lost. 1996-2005 Silica Training Material: Silica in Construction Training Materials 2017 New Silica in Construction Training from the California State Building Trades (2017) (Discusses the training solution above.) Silica in Construction Training Kit from Washington State Dept. of Labor & Industries Silica Dust Safety in Construction – Course 851 from OSH Academy The Health Hazards of Silica (Quartz) in Construction Engineering Controls for Silica: Effective Engineering Controls for Silica Dust (2017) Best Practice Engineering Control Guidelines to Control Worker Exposure to Respirable Crystalline Silica during Asphalt Pavement Milling (2015) Silica, Engineering Controls for Silica in Construction – Cut-off Saws – NIOSH Workplace Safety and Health Topic (2014) CDC’s Engineering Controls for Silica in Construction (2013) Guides for Managing Crystalline Silica Control Programs in Construction (PDF-2004) OSHA created a set of PDFs telling how to control exposures in construction while operating specific tools. (2013): Silica: Controlling Exposures in Construction While Operating Hand-Operated Grinders Silica: Controlling Exposures in Construction While Operating Handheld Masonry Saws Silica: Controlling Exposures in Construction While Operating Jackhammers Silica: Controlling Exposures in Construction While Operating Rotary Hammers Silica: Controlling Exposures in Construction While Operating Stationary Masonry Saws Silica: Controlling Exposures in Construction While Operating Vehicle-Mounted Drilling Rigs Silica: Controlling Exposures in Construction While Doing Tuckpointing/Mortar Removal Webinars: Understanding & Implementing the New Construction Silica Standard (2017) What is the new US OSHA silica regulation? OSHA’s New Silica Rule Webinar (2017) Personal Silica Exposure Monitoring (2017) New Silica in Construction Training from the California State Building Trades (2017) Protecting Workers in Enclosed Cabs from Silica Exposure Sampling Requirements for OSHA’s New Crystalline Silica Rule (2016) Videos: OSHA Silica Dust Standard (2016) Respirable Crystalline Silica for Construction (2016) The Heartbeat of Health and Safety Episode 10: OSHA’s New Silica Rule (2016) OSHA Silica Rule Change – Overview for the Natural Stone Industry (2016) Stop Silicosis (2016) Silica Dust Extraction Vacuums 2017 Comparison – Silica Table 1 Compliant Vacs (2017) Milwaukee® Dust Extraction Solutions (2017) Milwaukee Silica Dust Extraction Lunch and Learn (2017) DeWalt’s OSHA Compliant Silica Dust Solutions (2017) Silica Safety (Good explanation of what silica does to lungs.) (2014) Silicosis: Incurable, but Preventable Small Entity Guides: Construction General Industry and Maritime Small Entity Compliance Guide for the Respiratory Protection Standard (PDF) eTools: Hazards of Silica in Construction eTool OSHA on General Respiratory Protection: General Guidance, Training Videos, Standards, Enforcement, Resources Respirator Medical Evaluation Questionnaire Respiratory Protection eTool (Basics, Change Schedules, Selection Guide) Small Entity Compliance Guide for the Respiratory Protection Standard (PDF)

Most people are quite aware that Subpart M of the Federal OSHA 1926 Construction standards mandates the utilization of some form of fall protection device or practice to protect workers from falls of greater than six (6) feet. In fact, you will find fifteen distinct ways that a worker can fall covered in section 1926.501, titled “Duty to have fall protection”. And the allowable methods specified for fall protection devices and practices listed in this Subpart go well beyond merely installing a standard guardrail; other allowable methods include installation of a safety net system, as well as using a personal fall arrest system, body positioning devices, covers, fences, barricades, warning lines, controlled access zones, and a safety monitor system, and even a written fall protection plan. However, be warned that many of these fall protection methods are only allowed in certain situations. So pay careful attention to 1926.501(b) as well as to 1926.502, titled “Fall protection systems criteria and practices”, to make sure you are only utilizing a fall protection device or method which is specifically allowed for a given situation. As mentioned earlier, there are many other height thresholds other than the six foot rule found in other sections of the Construction standards that trigger a requirement for some form of fall protection. For example, in Subpart X, paragraph 1926.1052(c)(1) of the stairways standard requires a stair-rail be installed along all open sides of stairways having four or more risers or rising more than 30 inches (whichever is less). And paragraph (c)(12) requires unprotected sides and edges of stairway landings be provided with guardrail systems meeting the requirements of Subpart M mentioned above. In another section of Subpart X that addresses fixed ladders, paragraph (a)(19) requires that when the total length of a climb equals or exceeds 24 feet, the fixed ladder must be equipped with ladder safety devices, a self-retracting lifeline and rest platforms at intervals not to exceed 150 feet, or a cage or well and multiple ladder sections not to exceed 50 feet in length per section. And in those cases where the length of climb is less than 24 feet but the top of the fixed ladder is at a distance greater than 24 feet above lower levels, paragraph (a)(18) of this section also requires fixed ladders be provided with cages, wells, ladder safety devices, or self-retracting lifelines.  You might have picked up on the fact that Federal OSHA ladder standards in Subpart X do not have any specific fall protection requirements for portable ladders, and neither does Subpart M. For scaffolding, paragraph 1926.451(g)(1) in Subpart L of the OSHA construction standards requires specific form(s) of fall protection be provided for workers higher than ten (10) feet above the ground or floor (as was the case in General Industry). Subparagraphs (g)(1)(I0 through (vii) spec out the specific forms of fall protection required, depending on the type scaffolding in use, and typically specify a guardrail system and/or a personal fall arrest system, although (g)(ii) actually allows a three-fourth inch (1.9 cm) diameter grab-line or equivalent handhold securely fastened beside each crawling board as fall protection. And finally, employers are required in paragraph (g)(2) to provide some form of fall protection for employees erecting or dismantling supported scaffolds where the installation and use of such protection is feasible and does not create a greater hazard; the competent person for the scaffold erector makes that determination of feasibility. Also found in Subpart L is paragraph 1926.453(b)(2)(v), which requires workers using an aerial boom-lift to wear a body belt with lanyard attached to the boom or basket when working in the basket. There is no height specified for this requirement, which is related to the purpose of tying off; this is a body “positioning” device to keep the person from being thrown out of the basket, as opposed to a fall arrest system. There is only one fall protection requirement appearing in Subpart P - Excavations. Paragraph 1926.651(l), which requires a walkway to be provided where employees or equipment cross over excavations, states that guardrails which comply with Subpart M be installed if a walkway is six (6) feet or more above a lower level. But be aware that the general requirement for fall protection involving employees working “around” excavations is actually addressed in section 1926.501 paragraph (b)(7)(i)of Subpart M, which requires that each employee at the edge of an excavation six (6) feet or deeper be protected from falling by guardrail systems, fences, or barricades, but only when the excavations are not readily seen because of plant growth or other visual barrier. However, paragraph (7)(ii) requires that all wells, pits, shafts, and similar excavations 6 feet or more in depth be protected by guardrail systems, fences, barricades, or covers. Subpart V of 1926, which covers construction work in Power Transmission and Distribution, paragraph 1926.951(b)(1) requires that body belts with straps or lanyards shall be worn to protect employees working at “elevated locations” on poles, towers, or other structures, except where such use creates a greater hazard to the safety of the employees, in which case other safeguards shall be employed. And in paragraph 1926.950(g), crews engaged in work over or near water where a danger of drowning exists must be provided with “suitable” protection as stated in 1926.104 (safety belts, lifelines, and lanyards), 1926.105 (safety nets) , or 1926.106 (floatation devices). The Demolition standards located in Subpart T specify in paragraph 1926.850(g) that where a hazard exists to employees falling through wall openings, the opening must be protected to a height of approximately 42 inches. And paragraph (h) in that section requires that where debris is dropped through holes in the floor without the use of chutes, the area onto which the material is dropped must be completely enclosed with barricades not less than 42 inches high and not less than 6 feet back from the projected edge of the opening above.  And paragraph (i) requires that all other floor openings that are not used as material drops be covered over with material substantial enough to support the weight of any load which may be imposed, and properly secured to prevent its accidental movement. Furthermore, paragraph 1926.852(e) states that any chute opening into which workers dump debris be protected by a substantial guardrail approximately 42 inches above the floor or other surface on which the worker stands to dump the material, and any space between the chute and the edge of openings in the floors through which it passes be solidly covered. And last but not least, 1926.856(b) of the demo standards requires floor openings have curbs or stop-logs to prevent equipment from running over the edge. A relatively new standard addressing fall protection can be found in the recently revised standards for cranes and derricks in construction (Subpart CC).  Paragraph 1926.1423(e)(1) covers fall protection requirements for non-assembly and disassembly work, and specifies the use of fall protection equipment by workers who are on a walking/working surface with an unprotected side or edge more than Six (6) feet above a lower level when moving point-to-point, on a non-lattice boom (any position), on a lattice boom that is not horizontal, or on a horizontal lattice boom where the fall distance is 15 feet or more. The six foot threshold also applies to employees located at a work station on any part of the equipment (including the boom, of any type), except when the employee is at or near draw-works when the equipment is running, in the cab, or on the deck (see paragraph (e)(2)).  But the fall protection threshold is different for workers performing assembly and disassembly work on the crane. Paragraph (f) states that fall protection equipment must be utilized by employees who are on a walking/working surface with an unprotected side or edge more than 15 feet above a lower level, except when the employee is at or near draw-works (when the equipment is running), in the cab, or on the deck. Tower cranes have similar fall protection thresholds as the other type cranes addressed above; see paragraphs (h)(1) and (2). In those relatively rare occasions where a personnel platform is hoisted by a crane, the platform must be equipped with a standard guardrail system which meets the requirements of Subpart M, and must also be enclosed from the toe-board to mid-rail (or higher) with a solid material or expanded metal with openings no greater than ½ inch, per 1926.1431(e)(6). And paragraph (k)(10)(i) of that section requires that employees occupying the personnel platform use a personal fall arrest system attached to a structural member within the platform, except when working over or near water, where the requirements of 1926.106 (life vests . . .) apply instead. And the most liberal of all fall protection requirements in the Federal OSHA construction standards can be found in section 1926.760 of the Steel Erection (Subpart R). Employees engaged in steel erection activities on a walking/working surface with an unprotected side or edge more than 15 feet above a lower level must be protected by a guardrail system, safety net system, personal fall arrest system, positioning device system, or fall restraint system, per paragraph (a)(1). However, an employee performing work as a “connector” (the employee who, working with hoisting equipment, is placing and connecting structural members and/or components) is only required to be provided with a personal fall arrest system, positioning device system, or fall restraint system and wear the equipment necessary to be able to be tied off when exposed to fall hazards of more than 15 feet up to 30 feet above a lower level, per paragraph (b)(3). And the actual utilization of the fall protection system is only mandatory whenever the connector is working two stories or 30 feet above a lower level (whichever is less), per (b)(1). So there is a non-exhaustive review of the various Federal OSHA 1926 construction industry regulations which specify some form of fall protection system be used by workers. As you can see, many are based on the six (6) foot “fall distance” threshold most people in the construction industry are familiar with. But several of these standards have requirements that don’t kick in until the worker is exposed to a fall of ten feet, fifteen feet, and amazingly enough, 30 feet, whereas a few apply regardless of the height. So the next time someone tells you fall protection is only (or always) required above six (6) feet during construction work, recall that is not always the case; sometimes it may be required at lower, or even higher, thresholds. Were you aware of all the different OSHA construction fall protection requirements appearing in this post? Do you know of any other federal OSHA 1926 construction industry standard that specifies fall protection? If so, please share that information with us in the “Comments” section below. Last but not least, I encourage you to Share This with Others in Your Network who might benefit from reading this post. 

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