New OSHA Posting Requirement - Beginning February 1, 2005
January 28, 2005
The U.S. Department of Labor, which enforces the Occupational Safety and Health Act ("OSHA"), has announced a new posting requirement that goes into effect February 1, 2005.
It requires employers to:
Post a Summary (OSHA Form 300A) listing the total number of job-related injuries and illnesses that occurred during the previous year (2004) (see website link below for copies and instructions on how to correctly complete the form).
Post the Summary for 3 months: February 1, 2005 through April 30, 2005.
Companies with no recordable injuries or illnesses must post the form with zeros in the total line.
All establishment summaries must be certified by a company executive.
The form must be displayed in a common area and copies must be available for employees who do not report to any fixed establishment on a regular basis.
An employer's failure to comply with OSHA's posting requirements can result in a civil penalty of up to $7000 per violation.
In order to comply with this new requirement, employers need only post the Summary (OSHA Form 300A) and not the OSHA 300 Log. Copies of the 2004 Forms may be found at: http://www.osha.gov/recordkeeping/new-osha300form1-1-04.pdf
The full text of the news release announcing this new requirement may be found at: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=11189
For more information on how to comply with this new posting requirement, please contact one of the attorneys in Sonnenschein’s employment practice group.
Contacts:
Chicago
Roger T. Brice (312) 876-3112 rbrice@sonnenschein.com
Jeffrey S. Goldman (312) 876-8955 jgoldman@sonnenschein.com
Richard L. Marcus (312) 876-8177 rmarcus@sonnenschein.com
Kansas City
Mark P. Johnson (816) 460-2424 mjohnson@sonnenschein.com
Los Angeles
Martin J. Foley (213) 892-5004 mfoley@sonnenschein.com
San Francisco
Gayle M. Athanacio (415) 882-5077 gathanacio@sonnenschein.com
Sandra R. McCandless (415) 882-2412 smccandless@sonnenschein.com
Washington
Amy L. Bess (202) 408-6444 abess@sonnenschein.com
These materials should not be considered as, or as a substitute for, legal advice and they are not intended to nor do they create an attorney-client relationship. Because the materials included here are general, they may not apply to your individual legal or factual circumstances. You should not take (or refrain from taking) any action based on the information you obtain from this document without first obtaining professional counsel and you should not send us confidential information without first speaking to one of our attorneys and receiving explicit authorization to do so.
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