OSHA

OSHA 300 Log

The Occupational Safety and Health Administration (OSHA) requires that almost all employers with more than 10 employees maintain an annual log of injuries/illnesses. This is a legal document that is often requested first to be viewed during OSHA inspections. The OSHA 300 log should be kept current throughout the year with restricted and lost days updated. Failure to document your work injuries/illnesses on the OSHA 300 log can be grounds for fines by OSHA. At the end of the calendar year, employers are required to post the OSHA 300A Summary of all injuries/illnesses that occurred over the past year in a location that can be viewed by all employees. Again, fines will be assessed if the OSHA 300A Summary was not posted in the workplace as required. 

Penalties

When OSHA finds standard violations, they will issue a citation notifying the employer of the alleged violation, and the date by which the violation must be corrected. Penalties are thus issued, based on the severity of the cited violation, and probability of injury from workers being exposed to the violation. There are six levels of severity, ranging from “A” for the least serious violations to “F” for the most serious.

Severity

Violation

Description

Penalty

A

Nonserious

Minor injury or illness has resulted or world be expected to result (within reason) from an employee’s exposure to a standard violation.

Ranges from $0 to $1,000, up to $7,000

B

Serious

Serious physical harm or death has resulted or world be expected to result (within reason) from an employee’s exposure to a standard violation.

Ranges from $1,500 to $7,000

C

Willful

Employer intentionally or willfully exposes employees to harm.*

$5,000 or $25,000 to $70,000 per violation*

D

Repeated

Upon re-inspection, OSHA finds the same or similar serious or nonserious violation at the same establishment within a 3-year period, and the original citation has become a final order.

Up to $70,000 per violation

E

Failure to Abate

Failure to correct a violation. May bring an additional penalty for each day the violation continues beyond the abatement date.

$7,000 per day until violation is corrected

F

Fatality

Any of the above violations cause or contribute to the death of an employee**

$25,000 (not willful or repeated) to $50,000 (willful or repeated), with exceptions**

*Willful – To cite a willful violation, the investigator must collect evidence that the employer is aware a hazardous condition exists, knows the condition violates a standard or other obligation of the Occupational Safety and Health (OSH) Act, and does not make a reasonable effort to eliminate it. Minimum willful violation penalty is $25,000 for employers with 50+ employees and $5,000 for employers with 50 employees or fewer.  No credits will be given for good faith on a willful violation.

**Fatality – Except violations of Minnesota’s General Duty Clause (Minnesota Statutes 182.653 subd. 2) which carry a maximum penalty of $25,000. Employers with fewer than 50 employees and no willful or repeated violations may be eligible for a four-year extended payment plan and possible waiver of part of the $25,000 penalty. For these employers, the fine may be waived entirely if the victim owned or held a controlling interest in the business or enterprise.