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Adoption and Changes to the OSHA Illness & Injury Recordkeeping Regulation - MOSH Training and Education

On December 23, 2016, Maryland Occupational Safety & Health adopted the federal OSHA requirements for reporting severe injuries and updates for the list of industries exempt from recordkeeping requirements. These new rules are effective in Maryland on January 2, 2017.

States like Maryland operating their own OSHA program must promulgate standards which are at least as effective as the federal standards within six months of their publication in the Federal Register. Maryland has adopted the new federal rules by reference with one significant change…

1904.39(a)(2), where the words “an employee’s amputation” appear substitute “an employee’s amputation involving bone or cartilage loss”

In Addition, Maryland Labor and Employment Article still requires…

An employer shall report orally to the Commissioner an employment accident within 8 hours after it occurs if the accident results in:

    (1) the death of an employee; or
    (2) hospitalization of at least three employees.

The new federal OSHA requirements require employers to file a detailed report within eight hours of fatal workplace accidents.

Severe on-the-job injuries that do not result in death but require hospitalization must be reported within 24 hours, such reports must be filed regardless of the size of the business.

In the previous regulation, it was required to report if a worker was killed or three or more workers were hospitalized as a result of a workplace accident. The new 24-hour reporting requirement includes all work-related hospitalizations, amputations or loss of an eye. All employers, including those partially exempted by reason of company size or industry classification will be required to comply with the new severe injury and illness reporting requirements.

The new federal regulation maintains the current exemption for any employer with 10 or fewer workers from the requirement to maintain the 300 logs of worker injuries and illnesses. The new rule also updates the list of employers partially exempt from OSHA recordkeeping requirements.

The revised recordkeeping rules will require new industries to keep illness and injury records.

The federal OSHA website offers several resources for those new to illness and injury recordkeeping. One such tool is a tutorial on how to complete the 300 logs.

If you need to report a fatality or would like to report an injury that meets the proposed requirements you may call 410-527-4447.

Watch the MOSH website for updates to adopted regulatory changes in Maryland.