How Many Employees Must An Employer Have Before OSHA Record Keeping Is Required?

by | Last updated on January 24, 2024

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The OSHA law requires most with 10 or more full-time employees to keep a yearly log of all work-related injuries and illnesses. * This is the OSHA Log of Injuries and Illnesses, or the OSHA Form 300.

How many employees trigger the OSHA recordkeeping requirement?

If your company had more than ten (10) employees at any time during the last calendar year, you must keep OSHA injury and illness records unless your establishment is classified as a partially exempt industry under § 1904.2.

How many employees do you have to have to follow OSHA?

Businesses with more than 10 employees must maintain OSHA injury and illness records unless OSHA classifies the business as partially exempt. If you have fewer than 10 employees during the year, unless OSHA or the Bureau of Labor Statistics says otherwise, you do not have to keep illness and injury records.

Do employers with less than 10 employees have to maintain an OSHA log?

Under OSHA's recordkeeping regulation, certain establishments must routinely keep records of serious occupational injuries and illnesses. ... One reason for the partial exemption is company size; all companies with 10 or fewer employees do not have to routinely keep OSHA injury and illness records .

What records does OSHA require employers to keep?

Document retention: The OSHA 300 Log, the annual summary, and the OSHA Incident Report forms must be retained by employers for five years following the end of the calendar year that these records cover.

Do small companies have to follow OSHA?

Typically, if you have a small business with 10 or fewer employees, you do not have to keep OSHA safety records (unless OSHA or the Bureau of Labor Statistics requests them in writing). ... Under these circumstances, you will need to file OSHA reports.

Do small companies fall under OSHA?

In other words, while small businesses are exempt from some OSHA regulations , they can be held liable if they neglect workplace safety in the long run. The only organizations that are not covered by those regulations are federal/state facilities and very few small businesses.

Are all employers covered by OSHA?

OSHA covers most private sector employers and their workers in all 50 states, the District of Columbia, and other U.S. jurisdictions either directly through Federal OSHA or through an OSHA-approved state program.

What companies are exempt from OSHA reporting?

There are two exemptions to OSHA's recordkeeping requirements. The first exemption is for companies with 10 or fewer employees . These companies must keep injury and illness records only if OSHA specifically requires them to do so. The second exemption is for establishments classified in certain low-hazard industries.

Are employers are not required to keep a record of an employee who has the flu?

Employers are not required to keep a record of an employee who has the flu. Employers are not required to have conspicuously posted OSHA notices informing employees of their protection and obligations, and for assistance and information.

What types of medical records are employers required to retain?

These records might include monitoring records showing your levels of exposure . Your medical records will contain items such as medical questionnaires, the results of medical examinations or laboratory tests performed in connection with your job, first aid records, or your on-the-job medical complaints.

How long does OSHA require medical records to be kept?

Because illnesses resulting from workplace exposures often do not manifest until many years later, Cal/OSHA requires all California employers to maintain records of employee exposure to hazardous agents, medical records, and SDSs for at least 30 years .

What does OSHA require employers to post for 3 days?

OSHA requires employers to post a citation near the site of the violation for 3 days for employers who receive citations for violations . ... OSHA Standards state that employers who receive a citation and want to protest it should contact OSHA within 15 days via a written letter.

Does OSHA apply to owners?

Answer: No. If a construction worker is truly self-employed — is not an employee — and has no employees working for him or her, OSHA has no authority to require that individual to abide by OSHA construction requirements.

Can OSHA fine a business?

Federal spikes in 2016 that, like Cal/OSHA did in 2017, nearly doubled maximum penalties for “other than serious,” or general, violations from $7,000 to $12,675 . Fines for willful and repeat violations also leaped for Cal/OSHA, from a maximum $70,000 to $127,254 in 2016.

Does a small company need a health and safety policy?

Does a small company need a health and safety policy? Generally speaking, health and safety laws apply to all businesses . ... For businesses with fewer than five employees, for example, the HSE doesn't even require you to write down your risk assessment or health and safety policy.

Rachel Ostrander
Author
Rachel Ostrander
Rachel is a career coach and HR consultant with over 5 years of experience working with job seekers and employers. She holds a degree in human resources management and has worked with leading companies such as Google and Amazon. Rachel is passionate about helping people find fulfilling careers and providing practical advice for navigating the job market.