Question:

Why do I have to keep an OSHA 300 log when businesses like the University are exempt from this requirement because they are listed as a low-hazard industry by OSHA?

Answer:

You are correct, the University’s Standard Industrial Classification (SIC code 82) would make it exempt from reporting occupational injuries and illnesses to the State Department of Labor.   However, 29 C.F.R. 1904.0 requires an otherwise exempted industry to report if asked to do so by either federal OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS.  

Each year, the University receives a “Notification of Requirement to Participate in the Survey of Occupational Injuries and Illnesses” from the U.S. Department of Labor - Bureau of Labor Statistics, through the Alaska Department of Labor and Workforce Development.   This written notification overrides the exempt status of the SIC code.

REFERENCES

Federal Regulation Codes:

29 CFR 1904.39.

Recordkeeping: Every employer covered by OSHA who has more than 10 employees, except for employers in certain low-hazard industries in the retail, finance, insurance, real estate, and service sectors, must maintain three types of OSHA specified records of job related injuries and illnesses – OSHA form 300, 300A and 301 (or its equivalent).

The OSHA Form 300 is an injury/illness log, with a separate line entry for each recordable injury or illness. Such events include work related deaths, injuries and illnesses other than minor injuries that require only first aid treatment and that do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job. Each year, the employer must post a summary of the OSHA Form 300 on a Form 300A, which includes the previous year's injuries and illnesses, in the workplace from February through April.

OSHA Form 301 is an individual incident report that provides added detail about each specific recordable injury or illness. A suitable insurance or workers compensation form that provides the same details may be substituted for OSHA Form 301.

Employers with 10 or fewer employees and employers in statistically low hazard industries (listed in 29 CFR 1904, Subpart B) are exempt from maintaining these records. Industries currently designated as low-hazard include: automobile dealers; apparel and accessory stores; eating and drinking places; most finance, insurance, and real estate industries; and certain service industries, such as personal and business services, medical and dental offices, and legal, educational, and membership organizations.

However, in one situation such employers must still keep these records. Each year, the Department of Labor's Bureau of Labor Statistics (BLS) conducts a national survey of workplace injuries and illnesses. Participants are selected by the individual states, and all employers selected for the survey, even those usually exempt from the record-keeping requirements, must maintain these records.   Before the end of the year, OSHA notifies all selected employers to begin keeping records during the coming year. The state offices that selected the employers are available to help employers complete the forms.

29 C.F.R. 1904.0

29 CFR PART 1904 APPENDIX A TO SUBPART B

Non-Mandatory Appendix A to Subpart B -- Partially Exempt Industries Employers are not required to keep OSHA injury and illness records for any establishment classified in the following Standard Industrial Classification (SIC) codes, unless they are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS. All employers, including those partially exempted by reason of company size or industry classification, must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees (see §   1904.39).

State Regulation Codes:

In the interest of keeping regulations applying to Occupational Safety and Health in one location, 8 AAC 61.1010 has been repealed and readopted to allow for the addition of 29 C.F.R. 1904.0 – .38 and 1904.40-.46

8 AAC 61.1010. Standards

(a) Under AS 18.60.030, 29 C.F.R. 1904.0 -- 1904.38 and 1904.40 -- 1904.46, as amended, are occupational safety and health standards in this state, as revised in this section and except as provided in 8 AAC 61.1015 (seasonal business posting rules).