Q104 - Exempted Industry: Eye Loss

Question: 

A company from an OSHA recordkeeping exempt industry has two employees injured when some shelving fails and causes boxes to fall. One employee was cut by the sharp edge of a box and was prescribed antibiotics. The second employee was more seriously injured and ends up losing an eye. Is it recordable?               

Answer:

NO. The injuries do not need to be recorded because the company is in one of the exempt/low-hazard industries from keeping an OSHA 300 log. HOWEVER, the employer is still required to report the loss of an eye to OSHA. Exempt companies are also exempted from regular OSHA inspection, if the agency has no knowledge of a serious personal injury at the workplace.

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 North American Industry Classification System (NAICS) 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 employee's fatality, in-patient hospitalization, amputation, or loss of an eye (see § 1904.39).

OSHA Fact Sheet: All employers under OSHA jurisdiction must report all work-related fatalities, hospitalizations, amputations and losses of an eye to OSHA, even employers who are exempt from routinely keeping OSHA injury and illness records due to company size or industry.

1904.39(a)(2)Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA.

1904.39(a)(3): You must report the fatality, inpatient hospitalization, amputation, or loss of an eye using one of the following methods:

1904.39(a)(3)(i): By telephone or in person to the OSHA Area Office that is nearest to the site of the incident.

1904.39(a)(3)(ii): By telephone to the OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321-6742).

1904.39(a)(3)(iii): By electronic submission using the reporting application located on OSHA's public Web site at www.osha.gov.

shield.png