WSR 24-23-098
EXPEDITED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed November 20, 2024, 8:17 a.m.]
Title of Rule and Other Identifying Information: Chapter 296-27 WAC, Recordkeeping and reporting.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In July 2023, the Federal Occupational Safety and Health Administration (OSHA) updated federal rules to improve tracking of workplace injuries and illnesses. The rule went into effect in January 2024. The division of occupational safety and health (DOSH) must update WAC rules in order to remain as-effective-as OSHA, as required by the Washington state plan.
Proposed amendments:
Numerating definitions for ease in cross-referencing.
Removing "you" and adding "employee" or "employer" in order to provide clarity as to responsible party.
Removed redundant terms.
Updated gender-specific terms to gender-neutral terms.
Establishments with 100 or more employees in certain high-hazard industries must electronically submit information from their Form 300-Log of Work-Related Injuries and Illnesses, and Form 301-Injury and Illness Report to OSHA once a year. These submissions are in addition to submission of Form 300A-Summary of Work Related Injuries and Illnesses.
Added new Appendix B-1 Designated industries required to file Annual electronic submission of OSHA Form 300 and Form 301.
Updated filing requirements for establishments listed in Appendix B-1 that had 20-249 employees the previous year.
Renamed Appendix B to Appendix B-2.
Updated Appendix B-2 to remove no longer used NAICS codes and include new codes.
To improve data quality, establishments are required to include their legal company name when making electronic submissions to OSHA from their injury and illness records.
Reasons Supporting Proposal: The proposed rule making is needed in order to be at-least-as-effective-as federal OSHA under the Washington state plan.
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060.
Statute Being Implemented: Chapter 49.17 RCW.
Rule is necessary because of federal law, [no information supplied by agency].
Name of Proponent: Department of labor and industries, governmental.
Name of Agency Personnel Responsible for Drafting: Carmyn Shute, Tumwater, Washington, 360-870-4525; Implementation and Enforcement: Craig Blackwood, Tumwater, Washington, 360-902-5828.
This notice meets the following criteria to use the expedited adoption process for these rules:
Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: This rule making is limited to implementing federal law.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Carmyn Shute, Administrative Regulations Analyst, Department of Labor and Industries, DOSH, P.O. Box 44620, Olympia, WA 98504-4620, phone 360-870-4525, fax 360-902-5619, email Carmyn.Shute@Lni.wa.gov, BEGINNING November 21, 2024, 8:00 a.m., AND RECEIVED BY January 21, 2025, 5:00 p.m.
November 20, 2024
Joel Sacks
Director
OTS-5904.3
AMENDATORY SECTION(Amending WSR 19-17-068, filed 8/20/19, effective 1/1/20)
WAC 296-27-001Definitions.
(1)Amputation. The traumatic loss of an appendage, such as an upper or lower limb (or part of the limb) or other external body part that has been severed or cut off either completely or partially at the time of the injury, or is surgically removed due to irreparable damage. Amputations may or may not include bone loss.
Note:
Amputations include fingertips and amputations of body parts that have since been reattached. Amputations do not include loss of an eye, broken or chipped teeth, scalpings, or avulsions, such as deglovings, where the skin and tissue have been torn away from the underlying subcutaneous tissue, tendons, muscle, or bone.
(2)Authorized employee representative. An authorized collective bargaining agent of employees.
(3)Authorized government representative. A representative of the Secretary of Labor, conducting an inspection or investigation under the act, a representative of the Secretary of Health and Human Services (including the National Institute for Occupational Safety and Health (NIOSH)) conducting an investigation under section 20(b) of the act, or a division of occupational safety and health (DOSH) representative of the state department of labor and industries.
(4)Department. The Washington state department of labor and industries.
(5)Employer. A person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations. Provided that any persons, partnership, or business entity not having employees, and who is covered by the Industrial Insurance Act, must be considered both an employer and employee.
(6)Establishment. A single physical location where business is conducted or where services or industrial operations are performed. For activities where employees do not work at a single physical location, such as construction; transportation; communications, electric, gas and sanitary services; and similar operations, the establishment is represented by main or branch offices, terminals, stations, etc., that either supervise such activities or are the base from which personnel carry out these activities.
(a) Normally, one business location has only one establishment. Under limited conditions, the employer may consider two or more separate businesses that share a single location to be separate establishments. You may divide one location into two or more establishments only when:
(i) Each of the establishments represents a distinctly separate business;
(ii) Each business is engaged in a different economic activity;
(iii) No one industry description in the North American Industrial Classification System applies to the joint activities of the establishments; and
(iv) Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information. For example, if an employer operates a construction company at the same location as a lumber yard, the employer may consider each business to be a separate establishment.
(b) You may combine two or more physical locations into a single establishment only when:
(i) You operate the locations as a single business operation under common management;
(ii) The locations are all located in close proximity to each other; and
(iii) You keep one set of business records for the locations, such as records on the number of employees, their wages and salaries, sales or receipts, and other kinds of business information. For example, one manufacturing establishment might include the main plant, a warehouse a few blocks away, and an administrative services building across the street.
(c) For employees who telecommute from home, the employee's home is not a business establishment, and a separate OSHA 300 Log is not required. Employees who telecommute must be linked to one of your establishments under WAC 296-27-02101(4).
(7)First aid. For the purpose of this chapter, first aid only includes the following:
(a) Using a nonprescription medication at nonprescription strength (for medications available in both prescription and nonprescription form, a recommendation by a physician or other licensed health care professional to use a nonprescription medication at prescription strength is considered medical treatment for recordkeeping purposes);
(b) Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment);
(c) Cleaning, flushing, or soaking wounds on the surface of the skin;
(d) Using wound coverings such as bandages, Band-Aids™, gauze pads, etc., or using butterfly bandages or Steri-Strips™ (other wound closing devices such as sutures, staples, etc., are considered medical treatment);
(e) Using hot or cold therapy;
(f) Using any nonrigid means of support, such as elastic bandages, wraps, nonrigid back belts, etc., (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes);
(g) Using temporary immobilization devices while transporting an accident victim (e.g., splints, slings, neck collars, back boards, etc.);
(h) Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister;
(i) Using eye patches;
(j) Removing foreign bodies from the eye using only irrigation or a cotton swab;
(k) Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs, or other simple means;
(l) Using finger guards;
(m) Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); or
(n) Drinking fluids for relief of heat stress.
(8)Injury or illness. An abnormal condition or disorder. Injuries include cases such as, but not limited to, a cut, fracture, sprain, or amputation. Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease, respiratory disorder, or poisoning. Injuries and illness are recordable only if they are new, work-related cases that meet one or more of this section's recording criteria.
(9)Inpatient hospitalization. To be admitted into a hospital or equivalent facility for medical treatment.
(10)Loss of an eye(s). The physical removal of an eye occurring either at the time of injury or is surgically removed due to irreparable damage. The loss of sight without the removal is not reportable, unless the worker is admitted as an inpatient hospitalization after losing sight as a result of a worker-related incident, then it is reportable within the eight-hour time frame specified in WAC 296-27-031(1).
(11)Medical treatment. The management and care of a patient to ((com-bat))combat disease or disorder. For the purposes of this section, medical treatment does not include:
(a) Visits to a physician or other licensed health care professional solely for observation or counseling;
(b) The conduct of diagnostic procedures, such as X rays and blood tests, including the administration of prescription medications used solely for diagnostic purposes (e.g., eye drops to dilate pupils); or
(c) First aid (see definition of first aid).
(12)OSHA. Occupational Safety and Health Administration.
(13)Other potentially infectious materials. Includes all of the following:
(a) The following human body fluids: Semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids;
(b) Any unfixed tissue or organ (other than intact skin) from a human (living or dead);
(c) HIV-containing cell or tissue cultures, organ cultures, and HIV- or HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV; and
(d) Blood and tissues of experimental animals infected with bloodborne pathogens.
(14)Personal representative. Any person that the employee or former employee designates as such in writing, or the legal representative of a deceased or legally incapacitated employee or former employee.
(15)Physician or other licensed health care professional. A physician or other licensed health care professional whose legally permitted scope of practice (i.e., license, registration, or certification) allows them to independently perform, or be delegated the responsibility to perform, the activities described by this regulation.
(16)Preexisting condition. An injury or illness that resulted solely from a nonwork-related event or exposure.
(17)Routine functions. For recordkeeping purposes, routine functions are those work activities the employee regularly performs at least once per week.
(18)WISHA (WISH Act). The Washington Industrial Safety and Health Act.
(19)Work environment. The establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of their work.
((You. An employer (see definition of employer).))
AMENDATORY SECTION(Amending WSR 15-11-066, filed 5/19/15, effective 7/1/15)
WAC 296-27-00103Partial exemption for employers with ((ten))10 or fewer employees.
(1) If ((your))the company had ((ten))10 or fewer employees at all times during the last calendar year, ((you do))the employer does not need to keep injury and illness records unless DOSH, OSHA, or the Bureau of Labor Statistics (BLS) informs ((you))the employer in writing that ((you))the employer must keep records under this section. However, as required by WAC 296-27-031, all employers covered by WISHA must report any work-related incident that results in a fatality, inpatient hospitalization, amputation, or the loss of an eye.
(a) The partial exemption for size is based on the number of employees in the entire company.
(b) To determine if ((you are))the company is exempt because of size, ((you))the employer will need to determine ((your))the company's peak employment during the last calendar year. If ((you))the employer had no more than ((ten))10 employees at any time in the last calendar year, ((your))the company qualifies for the partial exemption for size.
(2) If ((your))the company had more than ((ten))10 employees at any time during the last calendar year, ((you))the employer must keep injury and illness records unless ((your))the establishment is classified as a partially exempt industry under WAC 296-27-00105.
AMENDATORY SECTION(Amending WSR 15-11-066, filed 5/19/15, effective 7/1/15)
WAC 296-27-00105Partial exemption for establishments in certain industries.
(1) If ((your))the establishment is classified in a specific, low hazard industry group listed in Table 1, Industry Exemption List for Recordkeeping at the end of this section, ((you do))the employer does not need to keep injury and illness records unless DOSH, OSHA, or the BLS asks ((you)) to keep the records under this chapter. However, all employers must report to DOSH any work-related incident that results in a fatality, inpatient hospitalization, amputation, or the loss of an eye of any employee (see WAC 296-27-031).
(2) The partial industry classification exemption is based on the North American Industrial Classification System (NAICS), and it applies to individual business establishments. If a company has several business establishments engaged in different classes of business activities, some of the company's establishments may be required to keep records while others may be exempt.
Note:
To determine your NAICS code, you can do one of the following:
 
1. Contact your nearest OSHA office or the department.
 
2. Use the search feature at the U.S. Census Bureau NAICS main web page: http://www.census.gov/eos/www/naics/. In the search box for the most recent NAICS, enter a keyword that describes your type of business. A list of primary business activities containing that keyword and the corresponding NAICS codes will appear. Choose the one that most closely corresponds to your primary business activity or refine your search to obtain other choices.
 
3. Rather than searching through a list of primary business activities, you may also view the most recent complete NAICS structure with codes and titles by clicking on the link for the most recent NAICS on the U.S. Census Bureau NAICS main web page: http://www.census.gov/eos/www.naics/. Then click on the two-digit sector code to see all the NAICS codes under that sector. Then choose the six-digit code of your interest to see the corresponding definition, as well as cross-references and index items, when available.
 
4. If you know your old SIC code, you can also find the appropriate 2002 NAICS code by using the detailed conversion (concordance) between the 1987 SIC and 2002 NAICS available in Excel format for download at the "Concordances" link at the U.S. Census Bureau NAICS main web page: http://www.census.gov/eos/www/naics/.
Table 1
Industry Exemption List for Recordkeeping
NAICS Code
Industry
4412
Other Motor Vehicle Dealers
4431
Electronics and Appliance Stores
4461
Health and Appliance Stores
4471
Gasoline Stations
4481
Clothing Stores
4482
Shoe Stores
4483
Jewelry, Luggage, and Leather Goods Stores
4511
Sporting Goods, Hobby, and Musical Instrument Stores
4512
Book, Periodical, and Music Stores
4531
Florists
4532
Office Supplies, Stationery, and Gift Stores
4812
Nonscheduled Air Transportation
4861
Pipeline Transportation of Crude Oil
4862
Pipeline Transportation of Natural Gas
4869
Other Pipeline Transportation
4879
Scenic and Sightseeing Transportation
4885
Freight Transportation Arrangement
5111
Newspaper, Periodical, Book, and Directory Publishers
5112
Software Publishers
5121
Motion Picture and Video Industries
5122
Sound Recording Industries
5151
Radio and Television Broadcasting
5172
Wireless Telecommunications Carriers (except Satellite)
5173
Telecommunications Resellers
5179
Other Telecommunications
5181
Internet Service Providers and Web Search Portals
5182
Data Processing, Hosting, and Related Services
5191
Other Information Services
5211
Monetary Authorities—Central Bank
5221
Depository Credit Intermediation
5222
Nondepository Credit Intermediation
5223
Activities Related to Credit Intermediation
5231
Securities and Commodity Contracts Intermediation and Brokerage
5232
Securities and Commodity Exchanges
5239
Other Financial Investment Activities
5241
Insurance Carriers
5242
Agencies, Brokerages, and Other Insurance Related Activities
5251
Insurance and Employee Benefit Funds
5259
Other Investment Pools and Funds
5312
Office of Real Estate Agents and Brokers
5331
Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)
5411
Legal Services
5412
Accounting, Tax Preparation, Bookkeeping, and Payroll Services
5413
Architectural, Engineering, and Related Services
5414
Specialized Design Services
5415
Computer Systems Design and Related Services
5416
Management, Scientific, and Technical Consulting Services
5417
Scientific Research and Development Services
5418
Advertising and Related Services
5511
Management of Companies and Enterprises
5611
Office Administrative Services
5614
Business Support Services
5615
Travel Arrangement and Reservation Services
5616
Investigation and Security Services
6111
Elementary and Secondary Schools
6112
Junior Colleges
6113
Colleges, Universities, and Professional Schools
6114
Business Schools and Computer and Management Training
6115
Technical and Trade Schools
6116
Other Schools and Instructions
6117
Educational Support Services
6211
Offices of Physicians
6212
Offices of Dentists
6213
Offices of Other Health Practitioners
6214
Outpatient Care Centers
6215
Medical and Diagnostic Laboratories
6244
Child Day Care Services
7114
Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures
7115
Independent Artists, Writers, and Performers
7213
Rooming and Boarding Houses
7221
Full-Service Restaurants
7222
Limited-Service Eating Places
7224
Drinking Places (Alcoholic Beverages)
8112
Electronic and Precision Equipment Repair and Maintenance
8114
Personal and Household Goods Repair and Maintenance
8121
Personal Care Services
8122
Death Care Services
8131
Religious Organizations
8132
Grantmaking and Giving Services
8133
Social Advocacy Organizations
8134
Civic and Social Organizations
8139
Business, Professional, Labor, Political, and Similar Organizations
AMENDATORY SECTION(Amending WSR 15-11-066, filed 5/19/15, effective 7/1/15)
WAC 296-27-00107Keeping records for more than one agency.
If ((you create))the employer creates records to comply with another government agency's injury and illness recordkeeping requirements, OSHA will consider those records as meeting federal recordkeeping requirements if OSHA accepts the other agency's records under a memorandum of understanding with that agency, or if the other agency's records contain the same information as required by 29 C.F.R., Part 1904. ((You))The employer may contact DOSH for help in determining whether ((your))the records meet OSHA's requirements.
AMENDATORY SECTION(Amending WSR 15-11-066, filed 5/19/15, effective 7/1/15)
WAC 296-27-011Recordkeeping forms and recording criteria.
This section describes the types of work-related injuries and illnesses that ((you))the employer must enter on the OSHA recordkeeping forms. This section also explains the OSHA forms that ((you))the employer must use to record work-related fatalities, injuries, and illnesses.
AMENDATORY SECTION(Amending WSR 19-17-068, filed 8/20/19, effective 1/1/20)
WAC 296-27-01107General recording criteria.
(1) The employer must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if it results in any of the following:
(a) Death;
(b) Days away from work;
(c) Restricted work or transfer to another job;
(d) Medical treatment beyond first aid;
(e) Loss of consciousness for any length of time.
(2) The employer must also record any case that involves a significant injury or illness(((see WAC 296-27-01107(21))))(see subsection (21) of this section) diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work, job transfer, medical treatment beyond first aid, or loss of consciousness.
(3) The employer must record an injury or illness that results in death by entering a check mark on the OSHA 300 Log in the space for cases resulting in death.
(4) When an injury or illness involves one or more days away from work, the employer must record the injury or illness on the OSHA 300 Log with a check mark in the space for cases involving days away and an entry for the number of calendar days away from work in the number of days column. If the employee is out for an extended period, the employer must enter an estimate for the number of days that the employee will be away, and update the day count when the actual number of days is known.
(5) The employer begins counting days away on the day after the injury occurred or the illness began.
(6) To record an injury or illness for which the employee comes to work against the physician's or other licensed health care professional's recommendation, the employer must do the following:
(a) Record these injuries and illnesses on the OSHA 300 Log using the check box for cases with days away from work and enter the number of calendar days away recommended by the physician or other licensed health care professional.
(b) Record the days away whether the injured or ill employee follows the physician or licensed health care professional's recommendation or not.
Notes:
1. If the employer receives recommendations from two or more physicians or other licensed health care professionals, the employer may make a decision as to which recommendation is the most authoritative and record the case based upon that recommendation.
 
2. Encourage ((your))the employee to follow the recommendation.
(7) When an employee decides to stay at home after the date a physician or other licensed health care professional recommends that the employee return to work, the employer must end the count of days away from work on the date the physician or other licensed health care professional recommends that the employee return to work.
(8) The employer must count the number of calendar days the employee was unable to work as a result of the injury or illness, regardless of whether or not the employee was scheduled to work on those day(s). Weekend days, holidays, vacation days or other days off are included in the total number of days recorded if the employee would not have been able to work on those days because of a work-related injury or illness.
(9) When a worker is injured or becomes ill on a Friday and reports to work on a Monday, and was not scheduled to work on the weekend, the employer only needs to record this case if they receive information from a physician or other licensed health care professional indicating that the employee should not have worked, or should have performed only restricted work, during the weekend. If so, the employer must record the injury or illness as a case with days away from work or restricted work and enter the day counts as appropriate.
(10) If a worker is injured or becomes ill on the day before scheduled time off such as a holiday, a planned vacation, or a temporary plant closing, the employer only needs to record the case if they receive information from a physician or other licensed health care professional indicating that the employee should not have worked, or should have performed only restricted work, during the scheduled time off. If so, the employer must record the injury or illness as a case with days away from work or restricted work and enter the day counts as appropriate.
(11) The employer is not required to keep track of the number of calendar days away from work if the injury or illness resulted in more than ((one hundred eighty))180 calendar days away from work or days of job transfer or restriction. In such a case, entering ((one hundred eighty))180 in the total days away column will be considered adequate.
(12) If the employee leaves ((your))the company for some reason unrelated to the injury or illness, such as retirement, a plant closing, or to take another job, the employer may stop counting days away from work, days of restriction, or days of job transfer. If the employee leaves ((your))the company because of the injury or illness, the employer must estimate the total number of days away, days of restriction, or days of job transfer and enter the day count on the OSHA 300 Log.
(13) If a case occurs in one calendar year but results in days away during the next calendar year, the employer only records the injury or illness once. The employer must enter the number of calendar days away for the injury or illness on the OSHA 300 Log for the year in which the injury or illness occurred. If the employee is still away from work because of the injury or illness when ((you prepare))the employer prepares the annual summary, estimate the total number of calendar days ((you expect)) the employee is expected to be away from work. Then use this number to calculate the total for the annual summary. Update the initial log entry later when the day count is known or reaches the ((one hundred eighty))180 day cap.
(14) The employer must meet the following requirements for recording restricted work or job transfer.
(a) When an injury or illness involves restricted work or job transfer but does not involve death or days away from work, the employer must record the injury or illness on the OSHA 300 Log by placing a check mark in the space for job transfer or restriction and enter the number of restricted or transferred days in the restricted workdays column.
(b) Restricted work occurs when, as the result of a work-related injury or illness:
(i) The employer keeps the employee from performing one or more of the routine functions of their job, or from working the full workday that they would otherwise have been scheduled to work; or
(ii) A physician or other licensed health care professional recommends that the employee not perform one or more of the routine functions of their job, or not work the full workday that they would otherwise have been scheduled to work.
(c) The employer does not have to record restricted work or job transfers if ((you))the employer, the physician, or other licensed health care professional impose the restriction or transfer only for the day on which the injury occurred or the illness began.
(d) A recommended work restriction is recordable only if it affects one or more of the employee's routine job functions. To determine whether this is the case, the employer must evaluate the restriction in light of the routine functions of the injured or ill employee's job. If the restriction from ((you))the employer, the physician, or other licensed health care professional keeps the employee from performing one or more of their routine job functions, or from working the full workday the injured or ill employee would otherwise have worked, the employee's work has been restricted and ((you))the employer must record the case.
(e) If an employee works only for a partial work shift because of the work-related injury or illness, the employer must record the partial day of work as a day of job transfer or restriction. However, the employer need not record the partial day of work if it is the same day the injury occurred or the illness began.
Note:
The case is considered restricted work only if the worker does not perform all of the routine functions (see definition in this chapter) of their job or does not work the full shift that they would otherwise have worked.
(15) If the employer is not clear about the physician or other licensed health care professional's recommendation (i.e., engage only in "light duty" or "take it easy for the week"), the employer may ask the physician or other licensed health care professional:
(a) "Can the employee do all of their routine job functions?"
(b) "Can the employee work all of their normally assigned work shift?"
(i) If the answer to both of these questions is "Yes," then the case does not involve a work restriction and does not have to be recorded.
(ii) If the answer to one or both of these questions is "No," the case involves restricted work and must be recorded as a restricted work case.
(iii) If the employer is unable to obtain this additional information from the physician or other licensed health care professional who recommended the restriction, record the injury or illness as a case involving restricted work.
(16) To record an injury or illness for which a physician or other licensed health care professional recommends a job restriction, but the employee does all of their routine job functions, the employer must do the following:
(a) Record the injury or illness on the OSHA 300 Log as a restricted work case.
(b) Record this job restriction even if the employee chooses to do all of their routine job functions.
Notes:
1. If ((you receive))the employer receives recommendations from two or more physicians or other licensed health care professionals, ((you))the employer may make a decision as to which recommendation is the most authoritative and record the case based upon that recommendation.
 
2. If a physician or other licensed health care professional recommends a job restriction, ((you))the employer should ensure that the employee complies with that restriction.
(17) If the employer assigns an injured or ill employee to a job other than their regular job for part of the day, the employer must record the case as a job transfer.
Notes:
1. This does not include the day on which the injury or illness occurred.
 
2. Transfers to another job are recorded in the same way as restricted work cases on the OSHA 300 Log. Example: If ((you assign))the employer assigns, or a physician or other licensed health care professional recommends that ((you))the employer assign((,)) an injured or ill worker to their routine job duties for part of the day and to another job for the rest of the day, the injury or illness involves a job transfer. ((You))The employer must record an injury or illness that involves a job transfer by placing a check in the box for job transfer.
(18) The employer counts days of job transfer or restriction in the same way they count days away from work. The only difference is that, if the employer permanently assigns the injured or ill employee to a job that has been modified or permanently changed in a manner that eliminates the routine functions the employee was restricted from performing, the employer may stop the day count when the modification or change is made permanent. The employer must count at least one day of restricted work or job transfer for such cases.
(19) If a work-related injury or illness results in medical treatment beyond first aid, the employer must record the case on the OSHA 300 Log. If the injury or illness did not involve death, one or more days away from work, one or more days of restricted work, or one or more days of job transfer, the employer enters a check mark in the box for cases where the employee received medical treatment but remained at work and was not transferred or restricted.
Note:
The professional status of the person providing treatment has no effect on what is considered first aid or medical treatment as defined in WAC 296-27-051.
(20) The employer must record a case even if the injured or ill employee does not follow the physician or other licensed health care professional's recommendation for medical treatment.
(21) The employer must record "significant" diagnosed injuries or illnesses, such as work-related cases involving cancer, chronic irreversible disease, a fractured or cracked bone, or a punctured eardrum at the time of diagnosis by a physician or other licensed health care professional even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.
Note:
OSHA believes that most significant injuries and illnesses will result in one of the criteria listed in WAC 296-27-01107(1): Death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness. However, there are some significant injuries, such as a punctured eardrum or a fractured toe or rib, for which neither medical treatment nor work restrictions may be recommended. In addition, there are some significant progressive diseases, such as byssinosis, silicosis, and some types of cancer, for which medical treatment or work restrictions may not be recommended at the time of diagnosis but are likely to be recommended as the disease progresses. Cancer, chronic irreversible diseases, fractured or cracked bones, and punctured eardrums are generally considered significant injuries and illnesses, and must be recorded at the initial diagnosis, even if medical treatment or work restrictions are not recommended, or are postponed, in a particular case.
AMENDATORY SECTION(Amending WSR 19-17-068, filed 8/20/19, effective 1/1/20)
WAC 296-27-01111Recording criteria for medical removal cases.
(1) The employer must record any case that involves the medical removal of an employee on the OSHA 300 Log under the medical surveillance requirements.
(2) The employer must enter each medical removal case as either a case involving days away from work or a case involving restricted work activity. For medical removal cases that resulted from chemical exposure, ((you))the employer must check the "poisoning" column.
Notes:
1. Standards that do not include medical removal provisions include bloodborne pathogens and noise.
 
2. Standards that cover specific chemical substances have medical removal provisions. These standards include, but are not limited to, lead, cadmium, methylene chloride, formaldehyde, and benzene.
 
3. If ((you))the employer voluntarily removes an employee from exposure before the medical removal criteria are met, ((you do))the employer does not have to record the case.
AMENDATORY SECTION(Amending WSR 19-17-068, filed 8/20/19, effective 1/1/20)
WAC 296-27-01115Recording criteria for work-related tuberculosis cases.
The employer must record a tuberculosis (TB) case on the OSHA 300 Log by checking the "respiratory condition" column if any employee has been occupationally exposed to anyone with a known case of active TB, and that employee subsequently develops a TB infection that is confirmed by a positive skin test or diagnosis by a physician or other licensed health care professional.
Notes:
1. The employer does not have to record a positive TB skin test result obtained at a preemployment physical because the employee was not occupationally exposed to a known case of active TB in ((your))the workplace.
 
2. The employer may line-out or erase a TB case from the log under the following circumstances:
 
a. The worker contracted TB while living in a household with a person who had been previously diagnosed with active TB;
 
b. The public health department has identified the worker as a contact of an individual with a case of active TB unrelated to the workplace; or
 
c. A medical investigation shows that the employee's infection was caused by exposure to TB away from work, or proves that the case was not related to the workplace TB exposure.
AMENDATORY SECTION(Amending WSR 19-17-068, filed 8/20/19, effective 1/1/20)
WAC 296-27-01119Forms.
(1) The employer must use the following OSHA forms (or equivalent forms), for recording work-related injuries and illnesses:
(a) OSHA 300, Log of Work-Related Injuries and Illnesses;
(b) OSHA 300-A, Summary of Work-Related Injuries and Illnesses; and
(c) OSHA 301, Injury and Illness Incident Report.
(2) The employer must complete the OSHA forms as follows:
(a) At the top of the OSHA 300 Log, enter ((your))the business information and enter a one or two line description for each recordable injury or illness. Summarize this information on the OSHA 300-A form at the end of the year.
(b) Complete an OSHA 301 Incident Report form, or an equivalent form, for each recordable injury or illness entered on the OSHA 300 Log.
(c) Enter each recordable injury or illness on the OSHA 300 Log and 301 Incident Report within seven calendar days of receiving information that a recordable injury or illness has occurred.
Note:
((You))The employer may keep ((your)) injury and illness forms on a computer if ((you))the employer can produce equivalent forms when they are needed, as described under WAC 296-27-02111, 296-27-03101(1), and 296-27-03103.
(3) The employer must follow these requirements for privacy concern cases when filling out the OSHA 300 Log:
(a) The employer may not enter the employee's name on the OSHA 300 Log. Instead, enter "privacy case" in the space normally used for the employee's name in order to protect the identity of the injured or ill employee when another employee, a former employee, or an authorized employee representative is provided access to the OSHA 300 Log under WAC 296-27-02111.
(b) The employer must keep a separate, confidential list of the case numbers and employee names for their privacy concern cases so they can update the cases and provide the information to the government if asked to do so.
(c) The following injuries or illnesses are the only types of privacy concern cases recognized by this section:
(i) An injury or illness to an intimate body part or the reproductive system;
(ii) An injury or illness resulting from a sexual assault;
(iii) Mental illnesses;
(iv) HIV infection, hepatitis, or tuberculosis;
(v) Needlestick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material (see definition in WAC 296-27-051 of this chapter); and
(vi) Other illnesses if the employee independently and voluntarily requests that their name not be entered on the log.
(4) If the employer has a reasonable basis to believe that information describing the privacy concern case may be personally identifiable even though the employee's name has been omitted, they may use discretion in describing the injury or illness on both the OSHA 300 and 301 forms. The employer must enter enough information to identify the cause of the incident and the general severity of the injury or illness, but they do not need to include details of an intimate or private nature. For example, a sexual assault case could be described as "injury from assault," or an injury to a reproductive organ could be described as "lower abdominal injury."
(5) If the employer decides to voluntarily disclose the forms to persons other than government representatives, employees, former employees or authorized representatives (as required by WAC 296-27-02111 and 296-27-03103), the employer must remove or hide the employees' names and other personally identifying information, except for the following cases. The employer may disclose the forms with personally identifying information only:
(a) To an auditor or consultant hired by the employer to evaluate the safety and health program;
(b) To the extent necessary for processing a claim for workers' compensation or other insurance benefits; or
(c) To a public health authority or law enforcement agency for uses and disclosures for which consent, an authorization, or opportunity to agree or object is not required under Department of Health and Human Services Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. 164.512.
(6) Falsification, failure to keep records or reports.
(a) RCW 49.17.190(2) of the act provides that "whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter shall, upon conviction be guilty of a gross misdemeanor and be punished by a fine of not more than ((ten thousand dollars))$10,000, or by imprisonment for not more than six months or by both."
(b) Failure to maintain records or file reports required by this chapter, or in the detail required by the forms and instructions issued under this chapter, may result in the issuance of citations and assessment of penalties as provided for in chapter 296-900 WAC, Administrative rules.
AMENDATORY SECTION(Amending WSR 19-17-068, filed 8/20/19, effective 1/1/20)
WAC 296-27-02101Multiple business establishments.
(1) The employer must keep a separate OSHA 300 Log for each establishment that is expected to be in operation for one year or longer.
(2) The employer must keep injury and illness records for short-term establishments (i.e., establishments that will exist for less than a year). The employer does not have to keep a separate OSHA 300 Log for each such establishment. The employer may keep one OSHA 300 Log that covers all of ((your))the short-term establishments. The employer may also include the short-term establishments' recordable injuries and illnesses on an OSHA 300 Log that covers short-term establishments for individual company divisions or geographic regions.
(3) If the employer keeps records for an establishment at their headquarters or other central location, the employer must be able to:
(a) Transmit information about the injuries and illnesses from the establishment to the central location within seven calendar days of receiving information that a recordable injury or illness has occurred; and
(b) Produce and send the records from the central location to the establishment within the time frames required by WAC 296-27-02111, 296-27-03101(1), and 296-27-03103 when the employer is required to provide records to a government representative, employees, former employees, or employee representatives.
(4) If the employer has employees that work at different locations or do not work at any of their establishments, they must link each of their employees with one of their establishments for recordkeeping purposes. The employer must record the injury and illness on the OSHA 300 Log of the injured or ill employee's establishment, or on an OSHA 300 Log that covers that employee's short-term establishment.
(5) If an employee of one of ((your))the employer establishments is injured or becomes ill while visiting or working at another of ((your))the employer establishments, or while working away from any of ((your))the employer establishments, the employer must record the injury or illness on the OSHA 300 Log of the establishment at which the injury or illness occurred. If the employee is injured or becomes ill and is not at one of ((your))the employer establishments, the employer must record the case on the OSHA 300 Log at the establishment at which the employee normally works.
AMENDATORY SECTION(Amending WSR 19-17-068, filed 8/20/19, effective 1/1/20)
WAC 296-27-02103Covered employees.
(1) The employer must record on the OSHA 300 Log the recordable injuries and illnesses of all employees on their payroll, whether they are labor, executive, hourly, salary, part-time, seasonal, or migrant workers. The employer also must record the recordable injuries and illnesses that occur to employees who are not on their payroll if ((you supervise))the employer supervises these employees on a day-to-day basis. If the employer's business is organized as a sole proprietorship or partnership, the owner or partners are not considered employees for recordkeeping purposes.
Note:
If a self-employed person is injured or becomes ill while working for ((you))the employer, the employer is not required to report the injury or illness because they are not covered under WISHA or the recordkeeping requirements.
(2) The employer must record injuries and illnesses of employees from a temporary help service, employee-leasing service, or personnel supply service if they supervise these employees on a day-to-day basis.
(3) The employer must record an injury or illness of a contractor's employee who is working in ((your))the establishment if they supervise them on a day-to-day basis. However, if the contractor's employee is under the day-to-day supervision of the contractor, the contractor is responsible for recording the injury or illness.
(4) The employer must make sure that each injury and illness is recorded only once:
(a) Either on their OSHA 300 Log (if they provide day-to-day supervision); or
(b) On the other employer's OSHA 300 Log (if that company provides day-to-day supervision).
AMENDATORY SECTION(Amending WSR 19-17-068, filed 8/20/19, effective 1/1/20)
WAC 296-27-02105Annual summary.
(1) At the end of each calendar year, the employer must:
(a) Review the OSHA 300 Log to verify that the entries are complete and accurate, and correct any deficiencies identified;
(b) Use the OSHA 300-A Log or equivalent form of ((your))the recorded injuries and illnesses to create ((your))the employer's annual summary;
(c) Certify the annual summary; and
(d) Post the annual summary.
(2) The employer must complete the annual summary by doing the following:
(a) Total the columns on the OSHA 300 Log (if ((you))the employer had no recordable cases, enter zeros for each column total); and
(b) Enter the calendar year covered, the company's name, establishment name, establishment address, annual average number of employees covered by the OSHA 300 Log, and the total hours worked by all employees covered by the OSHA 300 Log.
(c) Include the employee access and employer penalty statements found on the OSHA 300-A summary form when using an equivalent form as permitted by this chapter. For the definition of "equivalent form" see WAC 296-27-051.
(3) A company executive must certify that they have examined the OSHA 300 Log and that they reasonably believe, based on their knowledge of the process by which the information was recorded, that the annual summary is correct and complete.
(4) The company executive who certifies the log must be one of the following persons:
(a) An owner of the company (only if the company is a sole proprietorship or partnership);
(b) An officer of the corporation;
(c) The highest ranking company official working at the establishment; or
(d) The immediate supervisor of the highest ranking company official working at the establishment.
(5) The employer must post a copy of the annual summary in each establishment in a conspicuous place or places where notices to employees are customarily posted. The employer must ensure that the posted annual summary is not altered, defaced or covered by other material.
(6) The employer must post the summary no later than February 1st of the year following the year covered by the records and keep the posting in place until April 30th.
AMENDATORY SECTION(Amending WSR 19-17-068, filed 8/20/19, effective 1/1/20)
WAC 296-27-02107Retention and updating.
(1) The employer must save the OSHA 300 Log, the privacy case list (if one exists), the OSHA 300-A Annual Summary, and the OSHA 301 Incident Report forms for five years following the end of the calendar year that each of these records cover.
(2) The employer must update ((your)) stored OSHA 300 Logs during the five-year retention period to include newly discovered recordable injuries or illnesses and to show any changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes, the employer must remove or line-out the original entry and enter the new information.
Note:
During the five-year retention period, the employer is not required to update the OSHA 300-A Annual Summary of Work-Related Injuries or Illnesses, or the OSHA 301 Incident Reports, but ((you)) may do so ((if you wish)).
AMENDATORY SECTION(Amending WSR 02-01-064, filed 12/14/01, effective 1/1/02)
WAC 296-27-02109Change in business ownership.
If ((your))the business changes ownership, ((you are))the employer is responsible for recording and reporting work-related injuries and illnesses only for that period of the year during which ((you))the employer owned the establishment. ((You))The employer must transfer these records to the new owner. The new owner must save all records of the establishment kept by the prior owner, as required by WAC 296-27-02107, but need not update or correct the records of the prior owner.
AMENDATORY SECTION(Amending WSR 19-17-068, filed 8/20/19, effective 1/1/20)
WAC 296-27-02111Employee involvement.
(1) ((Your))Employees and their representatives must be involved in the recordkeeping system in several ways. The employer must do the following:
(a) Inform each employee of how they are to report an injury or illness to you.
(b) Provide employees with the information described in subsection (2) of this section.
(c) Provide access to ((your))the employer's injury and illness records for ((your))the employees and their representatives as described in subsection (3) of this section.
(2) The employer must do the following to ensure employees report work-related injuries and illnesses to them:
(a) Establish a reasonable procedure for employees to report work-related injuries and illnesses promptly and accurately. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness;
(b) Inform each employee of ((your))the procedure for reporting work-related injuries and illnesses;
(c) Inform each employee that:
(i) Employees have the right to report work-related injuries and illnesses; and
(ii) The employer is prohibited from discharging or, in any manner, discriminating against employees for reporting work-related injuries or illnesses.
(d) The employer must not discharge or, in any manner, discriminate against any employee for reporting a work-related injury or illness.
(3) ((Your))Employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the OSHA injury and illness records, with some limitations, as discussed in subsections (4) through (8) of this section.
(4) When an employee, former employee, personal representative, or authorized employee representative asks for copies of ((your)) current or stored OSHA 300 Log(s) for an establishment the employee or former employee has worked in, the employer must give the requestor a copy of the relevant OSHA 300 Log(s) by the end of the next business day.
(5) The employer must leave employee names and any other information on the OSHA 300 Log before giving copies to an employee, former employee, or an employee representative. However, to protect the privacy of injured and ill employees, the employer may not record the employee's name on the OSHA 300 Log for certain "privacy concern cases," as specified in WAC 296-27-01119(3).
(6) When an employee, former employee, or personal representative asks for a copy of the OSHA 301 Incident Report describing an injury or illness to that employee or former employee, the employer must give the requestor a copy of the OSHA 301 Incident Report containing that information by the end of the next business day.
(7) When an authorized employee representative asks for copies of the OSHA 301 Incident Reports for an establishment where the agent represents employees under a collective bargaining agreement, the employer must give copies of those forms to the authorized employee representative within seven calendar days. The employer is only required to give the authorized employee representative information from the OSHA 301 Incident Report section titled "Tell us about the case." The employer must remove all other information from the copy of the OSHA 301 Incident Report or the equivalent substitute form that they give to the authorized employee representative.
(8) The employer may not charge for these copies the first time they are provided. However, if one of the designated persons asks for additional copies, the employer may assess a reasonable charge for retrieving and copying the records. An example of what a "reasonable charge" would be is what a print company would charge for copying the same documents.
AMENDATORY SECTION(Amending WSR 19-17-068, filed 8/20/19, effective 1/1/20)
WAC 296-27-02117Variances from the recordkeeping rule.
(1) If the employer wishes to keep records in a different manner from that prescribed in this section, the employer may submit a variance petition to the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, Washington, DC 20210. The employer can obtain a variance only if they can show that their alternative recordkeeping system:
(a) Collects the same information as this section requires;
(b) Meets the purposes of the federal Occupational Safety and Health Act; and
(c) Does not interfere with the administration of the federal Occupational Safety and Health Act.
(2) The employer must include the following items in their variance petition:
(a) The employer's name and address;
(b) A list of the state(s) where the variance would be used;
(c) The address(es) of the business establishment(s) involved;
(d) A description of why the employer is seeking a variance;
(e) A description of the different recordkeeping procedures you propose to use;
(f) A description of how the employer's proposed procedures will collect the same information as would be collected by this section and achieve the purpose of the act; and
(g) A statement that the employer has informed their employees of the petition by giving them or their authorized representative a copy of the petition and by posting a statement summarizing the petition in the same way as notices are posted under 29 C.F.R. 1903.2(a).
(3) The assistant secretary will take the following steps to process your variance petition.
(a) The assistant secretary will offer ((your))the employees and their authorized representatives an opportunity to submit written data, views, and arguments about ((your))the variance petition.
(b) The assistant secretary may allow the public to comment on ((your))the variance petition by publishing the petition in the Federal Register. If the petition is published, the notice will establish a public comment period and may include a schedule for a public meeting on the petition.
(c) After reviewing ((your))the variance petition and any comments from ((your))the employees and the public, the assistant secretary will decide whether or not ((your))the proposed recordkeeping procedures will meet the purposes of the act, will not otherwise interfere with the act, and will provide the same information as required by this section. If ((your))the employer's procedures meet these criteria, the assistant secretary may grant the variance subject to such conditions as ((he or she finds))they find appropriate.
(d) If the assistant secretary grants ((your))the variance petition, OSHA will publish a notice in the Federal Register to announce the variance. The notice will include the practices the variance allows ((you))the employer to use, any conditions that apply, and the reasons for allowing the variance.
(4) The employer must comply with this section's requirements while the assistant secretary is reviewing their variance petition.
(5) The assistant secretary may elect not to review ((your))the variance petition if it includes an element for which ((you have))the company has been cited and the citation is still under review by a court, an administrative law judge (ALJ), or the OSH Review Commission.
(6) A variance may be revoked for good cause. The variance revocation procedures are the same as those followed to request the exception. In cases of willfulness or where necessary for public safety, the assistant secretary will:
(a) Notify ((you))the company in writing of the facts or conduct that may warrant revocation of ((your))the variance; and
(b) Provide ((you, your))the employer, the employees, and authorized employee representatives with an opportunity to participate in the revocation procedures.
(7) DOSH must recognize any recordkeeping or reporting variance issued by federal OSHA.
AMENDATORY SECTION(Amending WSR 19-17-068, filed 8/20/19, effective 1/1/20)
WAC 296-27-031Reporting fatalities, inpatient hospitalizations, amputations, and losses of an eye as the result of work-related incidents.
(1) The employer must report to DOSH within eight hours of a work-related incident that results in:
(a) A fatality; or
(b) An inpatient hospitalization of any employee.
Notes:
1. Secure the scene of work-related events that result in the death or inpatient hospitalization of any worker, refer to WAC 296-800-320.
 
2. Do not move equipment involved (i.e., personal protective equipment (PPE), tools, machinery or other equipment), unless it is necessary to remove the victim or prevent further injuries, refer to WAC 296-800-32010.
(2) The employer must report to DOSH within ((twenty-four))24 hours of a work-related incident that results in either an amputation or the loss of an eye that does not require inpatient hospitalization.
Notes:
1. If the amputation or loss of an eye requires inpatient hospitalization, follow the eight-hour reporting requirement in WAC 296-27-031(1).
 
2. Inpatient hospitalization that involves only observation or diagnostic testing is not a reportable inpatient hospitalization.
(3) If the employer does not learn about a reportable fatality, inpatient hospitalization, amputation, or loss of an eye at the time it takes place, the employer must make the report to DOSH within the following time periods after the fatality, inpatient hospitalization, amputation, or loss of an eye is reported to ((you))the employer or any of ((your))the employers' agents:
(a) Eight hours for a fatality or an inpatient hospitalization of one or more employees.
(b) ((Twenty-four))24 hours for an amputation or a loss of an eye that does not require inpatient hospitalization.
(4) If the employer does not learn right away that the reportable fatality, inpatient hospitalization, amputation, or loss of an eye was the result of a work-related incident, the employer must make the report to DOSH within the following time periods after ((you))the employer or any of ((your))the employers' agents learn that the reportable fatality, inpatient hospitalization, amputation, or loss of an eye was the result of a work-related incident:
(a) Eight hours for a fatality or an inpatient hospitalization of one or more employees.
(b) ((Twenty-four))24 hours for an amputation or a loss of an eye that does not require inpatient hospitalization.
(5) The employer must report the fatality, inpatient hospitalization, amputation, or loss of an eye in the required time frame using one of the following methods:
(a) By telephone to the department's toll-free telephone number, 1-800-4BE-SAFE (1-800-423-7233) or in person to the Labor and Industries' Division of Occupational Safety and Health (DOSH) office located nearest to the site of the incident;
(b) By telephone to the OSHA toll-free telephone number, 1-800-321-OSHA (1-800-321-6742); or
(c) To DOSH by any other means.
(6) If the local office is closed, the employer must report a fatality, inpatient hospitalization, amputation, or the loss of an eye incident by:
(a) Calling the department at 1-800-4BE-SAFE (1-800-423-7233); or
(b) Calling OSHA's toll-free telephone number at 1-800-321-6742.
(7) The employer must provide DOSH with the following information for each fatality, inpatient hospitalization, amputation, or loss of an eye:
(a) The establishment name;
(b) The location of the work-related incident;
(c) The time and date of the work-related incident;
(d) The type of reportable event (i.e., fatality, inpatient hospitalization, amputation, or loss of an eye);
(e) The number of employees who suffered a fatality, inpatient hospitalization, amputation, or loss of an eye;
(f) The names of the employees who suffered a fatality, inpatient hospitalization, amputation, or loss of an eye;
(g) ((Your))The contact person and their phone number; and
(h) A brief description of the work-related incident.
(8) If a fatality does not occur during or right after the work-related incident, the employer must only report it to DOSH if the fatality occurs within ((thirty))30 days of the work-related incident.
(9) The employer does not have to report an incident that resulted in a fatality, inpatient hospitalization, amputation, or loss of an eye to DOSH if it occurred on a commercial or public transportation system (e.g., airplane, train, subway, or bus). However, the fatality, inpatient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if the employer is required to keep such records.
(10) The employer must report to DOSH when a heart attack occurs in the work environment that results in a fatality or inpatient hospitalization. DOSH will decide whether to investigate the event, depending on the circumstances of the heart attack.
(11) The employer must only report to DOSH each inpatient hospitalization that involves medical care or treatment. Inpatient hospitalization involving only observation or diagnostic testing need not be reported.
AMENDATORY SECTION(Amending WSR 19-17-068, filed 8/20/19, effective 1/1/20)
WAC 296-27-03103Electronic submission of injury and illness records to OSHA.
Note:
The information required by this section is reported and tracked by OSHA for their own injury and illness data analysis. DOSH is not notified when employers submit this information to OSHA.
(1) Summary of basic requirements.
(a) Annual electronic submission of OSHA Form 300A Summary of Work-Related Injuries and Illnesses by establishments that employed ((two hundred fifty))250 or more different employees. If ((your))the establishment employed ((two hundred fifty))250 or more different employees during the course of the previous calendar year, and this chapter requires ((your))the establishment to keep records, then ((you))the employer must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee.
(b) Annual electronic submission of OSHA Form 300A Summary of Work-Related Injuries and Illnesses by establishments that both; employed ((twenty to two hundred forty-nine))20 to 249 different employees, and are in designated industries. If ((your))the establishment employed ((twenty to two hundred forty-nine))20 to 249 different employees during the course of the previous calendar year, and ((your))the establishment is in a designated industry listed in WAC 296-27-071 Appendix B-2, then ((you))the employer must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee.
(c) Annual electronic submission of information from OSHA 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report by establishments with 100 or more employees in designated industries. If your establishment is classified in an industry listed in WAC 296-27-069 Appendix B-1, then you must electronically submit information from the OSHA Forms 300 and 301 to OSHA or OSHA's designee.
(d) Electronic submission of OSHA 300A records upon notification. All establishments not meeting the criteria of (a) or (b) of this subsection((,)) must, upon notification; electronically submit the information from ((your))the OSHA 300A to OSHA or OSHA's designee.
(((d)))(e) Electronic submission of the employer identification number (EIN) and legal name. When electronically reporting injury and illness records, the employer must also provide the EIN or federal tax identification number used by the establishment. The submission must also include a legal company name, either as part of the establishment name or separately as the company name.
(2) Basic requirements.
(a) Categories of employers that must submit OSHA Form 300A information to OSHA.
(i) First, if ((your))the establishment had ((two hundred fifty))250 or more total employees over the course of the previous calendar year, and this chapter requires ((your))the establishment to keep injury and illness records; then ((you))the employer must submit the required information to OSHA once a year. This information is due before the date listed in subsection (3) of this section.
(ii) Second, if ((your))the establishment had ((twenty))20 or more, but fewer than ((two hundred fifty))250 total employees over the course of the previous calendar year, and ((your))the establishment is in a designated industry listed in WAC 296-27-071 Appendix B-2; then ((you))the employer must submit the required information to OSHA once a year. This information is due before the date listed in subsection (3) of this section.
(((iii) Third, if your))(b) Category of employers that must submit OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report information to OSHA.
(i) If the establishment had 100 or more total employees over the course of the previous calendar year, and the employers' industry is in a designated industry listed in WAC 296-27-069 Appendix B-1, then the employer must submit the required information to OSHA once a year. This information is due before the date listed in subsection (3) of this section.
(ii) If the establishment is not in either of the ((two))three categories above, then ((you))the employer must submit information to OSHA only when OSHA notifies ((you))the employer to do so for an individual calendar year. OSHA's notification will provide instructions for when this information is due.
(((b)))(c) Categories of employees included under (a) of this subsection requirement.
Employers must count all full-time, part-time, seasonal, and temporary workers towards their running count of individual employees for the year. Each individual employed in the establishment during any part of the previous calendar year counts as one employee.
(((c)))(d) Notification from OSHA for a subsection (1)(c) of this section employer to submit records electronically.
OSHA will only notify subsection (1)(c) of this section employers by mail when they must submit information as part of an individual data collection. OSHA will also announce individual data collections through publication in the Federal Register the OSHA newsletter, and announcements on the OSHA website. If you are an employer who must routinely submit information per subsection (1)(a) and (b) of this section, then OSHA will not notify ((you))the company about ((your)) routine submittal.
(((d)))(e) Due date for the above mentioned information.
Employers required to submit information under subsection (1)(a) or (b) of this section, must submit the information once a year, by the date listed in subsection (3) of this section - Effective reporting date of this section of the year after the calendar year covered by the form or forms. Employers submitting information because OSHA notified them to submit information as part of an individual data collection under subsection (1)(c) of this section, must submit the information as specified in OSHA's notification.
(((e)))(f) Process for employers to submit the above mentioned information.
Employers must submit the information electronically. OSHA will provide a secure website for the electronic submission of information. For individual data collections under subsection (1)(((c)))(d) of this section, OSHA will include the website's location in the notification for the data collection.
(((f)))(g) Partially exempt establishments from the recordkeeping rule itself, under WAC 296-27-00103 and/or 296-27-00105.
Employers that are partially exempt from keeping injury and illness records under WAC 296-27-00103 and/or 296-27-00105 do not have to routinely submit OSHA Form 300A information under subsection (1)(a) and (b) of this section. However, these employers must submit information under subsection (1)(((c)))(d) of this section if OSHA informs ((you))the employer in writing that OSHA is collecting injury and illness information ((from you)) for any specific year. If ((you receive))the company receives such a notification, then ((you))the employer must keep the injury and illness records required by this part and submit that information as directed by OSHA.
(((g)))(h) Enterprise or corporate entities electronically submitting OSHA Form 300A records on behalf of its establishment(s).
Enterprise or corporate offices which, have ownership of, or control over, one or more establishments required to submit information under subsection (1) of this section; may collect and electronically submit the information on behalf of the establishment(s).
(3) Effective reporting date.
Employers ((must begin submitting the above mentioned information to OSHA by the following date and schedule.
Beginning in calendar year 2020, establishments which are required to submit under subsection (1)(a) and (b) of this section must routinely submit the required information by March 2nd, for the previous calendar year. For example employers will electronically report calendar year 2019 information to OSHA after; OSHA begins accepting calendar year 2019 information, and before March 2, 2020.))that are required to submit under subsection (1)(a), (b), or (c) of this section must submit all of the required information by March 2nd of the year after the calendar year covered by the form(s). For example, the employer must submit by March 2, 2025, for the forms covering 2024.
AMENDATORY SECTION(Amending WSR 15-11-066, filed 5/19/15, effective 7/1/15)
WAC 296-27-03105Requests from the Bureau of Labor Statistics (BLS) for data.
(1) If ((you receive))the employer receives a Survey of Occupational Injuries and Illnesses form from the BLS, or a BLS designee, ((you))the employer must promptly complete the form and return it following the instructions contained on the survey form.
(2) Each year, the BLS sends injury and illness survey forms to randomly selected employers and uses the information to create the nation's occupational injury and illness statistics. In any year, some employers will receive a BLS survey form and others will not. ((You do))The employer does not have to send injury and illness data to the BLS unless ((you))they receive a survey form.
(3) If ((you receive))the employer receives a Survey of Occupational Injuries and Illnesses form from the BLS, or a BLS designee, ((you))the employer must promptly complete the form and return it, following the instructions contained on the survey form.
(4) If ((you are))the employer is exempt from keeping injury and illness records under WAC 296-27-00103 through 296-27-00107, the BLS may inform ((you))the employer in writing that it will be collecting injury and illness information from ((you))the employer in the coming year. If ((you receive))the employer receives such a letter, ((you))the employer must keep the injury and illness records required by WAC 296-27-01103 through 296-27-01115 and make a survey report for the year covered by the survey.
(5) Washington state employers must respond to the BLS survey form if they receive one.
AMENDATORY SECTION(Amending WSR 15-11-066, filed 5/19/15, effective 7/1/15)
WAC 296-27-061Nonmandatory Appendix AAge adjustment calculations for comparing audiograms for recording hearing loss.
important: These computations may only be used for comparison of audiograms to record hearing loss on the OSHA 300 Log. This appendix is nonmandatory.
(1) In determining whether a recordable threshold shift has occurred, allowance may be made for the contribution of aging to the change in hearing level by adjusting the most recent audiogram. If ((you choose))the employer chooses to adjust the audiogram, ((you))the employer must follow the procedure described below. This procedure and the age correction tables were developed by the National Institute for Occupational Safety and Health in the criteria document entitled "Criteria for a Recommended Standard…Occupational Exposure to Noise," ((HSM)-11001).
(2) For each audiometric test frequency:
(a) Determine from Tables A-1 or A-2 the age correction values for the employee by:
(i) Finding the age at which the most recent audiogram was taken and recording the corresponding values of age corrections at 1000 Hz through 6000 Hz;
(ii) Finding the age at which the baseline audiogram was taken and recording the corresponding values of age corrections at 1000 Hz through 6000 Hz.
(b) Subtract the values found in step (a)(ii) from the value found in step (a)(i).
(c) The differences calculated in step (b) represent that portion of the change in hearing that may be due to aging.
example: Employee is a 32-year-old male. The audiometric history for his right ear is shown in decibels below.
Audiometric Test Frequency (Hz)
Employee's age
1000
2000
3000
4000
6000
26
10
5
5
10
5
*27
0
0
0
5
5
28
0
0
0
10
5
29
5
0
5
15
5
30
0
5
10
20
10
31
5
10
20
15
15
*32
5
10
10
25
20
The audiogram at age 27 is considered the baseline since it shows the best hearing threshold levels. Asterisks have been used to identify the baseline and most recent audiogram. A threshold shift of 20 dB exists at 4000 Hz between the audiograms taken at ages 27 and 32.
(The threshold shift is computed by subtracting the hearing threshold at age 27, which was 5, from the hearing threshold at age 32, which is 25.) A retest audiogram has confirmed this shift. The contribution of aging to this change in hearing may be estimated in the following manner:
Go to Table A-1 and find the age correction values (in dB) for 4000 Hz at age 27 and age 32.
 
Frequency (Hz)
 
1000
2000
3000
4000
6000
Age 32
6
5
7
10
14
Age 27
5
4
6
7
11
Difference
1
1
1
3
3
The difference represents the amount of hearing loss that may be attributed to aging in the time period between the baseline audiogram and the most recent audiogram. In this example, the difference at 4000 Hz is 3 dB. This value is subtracted from the hearing level at 4000 Hz, which in the most recent audiogram is 25, yielding 22 after adjustment. Then the hearing threshold in the baseline audiogram at 4000 Hz (5) is subtracted from the adjusted annual audiogram hearing threshold at 4000 Hz (22). Thus the age-corrected threshold shift would be 17 dB (as opposed to a threshold shift of 20 dB without age correction).
TABLE A-1 - AGE CORRECTION VALUES IN DECIBELS FOR MALES
Audiometric Test Frequency (Hz)
Age
1000
2000
3000
4000
6000
20 or younger
5
3
4
5
8
21
5
3
4
5
8
22
5
3
4
5
8
23
5
3
4
6
9
24
5
3
5
6
9
25
5
3
5
7
10
26
5
4
5
7
10
27
5
4
6
7
11
28
6
4
6
8
11
29
6
4
6
8
12
30
6
4
6
9
12
31
6
4
7
9
13
32
6
5
7
10
14
33
6
5
7
10
14
34
6
5
8
11
15
35
7
5
8
11
15
36
7
5
9
12
16
37
7
6
9
12
17
38
7
6
9
13
17
39
7
6
10
14
18
40
7
6
10
14
19
41
7
6
10
14
20
42
8
7
11
16
20
43
8
7
12
16
21
44
8
7
12
17
22
45
8
7
13
18
23
46
8
8
13
19
24
47
8
8
14
19
24
48
9
8
14
20
25
49
9
9
15
21
26
50
9
9
16
22
27
51
9
9
16
23
28
52
9
10
17
24
29
53
9
10
18
25
30
54
10
10
18
26
31
55
10
11
19
27
32
56
10
11
20
28
34
57
10
11
21
29
35
58
10
12
22
31
36
59
11
12
22
32
37
60 or older
11
13
23
33
38
TABLE A-2 - AGE CORRECTION VALUES IN DECIBELS FOR FEMALES
Audiometric Test Frequency (Hz)
Age
1000
2000
3000
4000
6000
20 or younger
7
4
3
3
6
21
7
4
4
3
6
22
7
4
4
4
6
23
7
5
4
4
7
24
7
5
4
4
7
25
8
5
4
4
7
26
8
5
5
4
8
27
8
5
5
5
8
28
8
5
5
5
8
29
8
5
5
5
9
30
8
6
5
5
9
31
8
6
6
5
9
32
9
6
6
6
10
33
9
6
6
6
10
34
9
6
6
6
10
35
9
6
7
7
11
36
9
7
7
7
11
37
9
7
7
7
12
38
10
7
7
7
12
39
10
7
8
8
12
40
10
7
8
8
13
41
10
8
8
8
13
42
10
8
9
9
13
43
11
8
9
9
14
44
11
8
9
9
14
45
11
8
10
10
15
46
11
9
10
10
15
47
11
9
10
11
16
48
12
9
11
11
16
49
12
9
11
11
16
50
12
10
11
12
17
51
12
10
12
12
17
52
12
10
12
13
18
53
13
10
13
13
18
54
13
11
13
14
19
55
13
11
14
14
19
56
13
11
14
15
20
57
13
11
15
15
20
58
14
12
15
16
21
59
14
12
16
16
21
60 or older
14
12
16
17
22
NEW SECTION
WAC 296-27-069Appendix B-1Annual electronic submission of OSHA Form 300 and OSHA Form 301.
Designated Industries
NAICS
INDUSTRY
1111
Oilseed and Grain Farming.
1112
Vegetable and Melon Farming.
1113
Fruit and Tree Nut Farming.
1114
Greenhouse, Nursery, and Floriculture Production.
1119
Other Crop Farming.
1121
Cattle Ranching and Farming.
1122
Hog and Pig Farming.
1123
Poultry and Egg Production.
1129
Other Animal Production.
1133
Logging.
1141
Fishing.
1142
Hunting and Trapping.
1151
Support Activities for Crop Production.
1152
Support Activities for Animal Production.
1153
Support Activities for Forestry.
2213
Water, Sewage and Other Systems.
2381
Foundation, Structure, and Building Exterior Contractors.
3111
Animal Food Manufacturing.
3113
Sugar and Confectionery Product Manufacturing.
3114
Fruit and Vegetable Preserving and Specialty Food Manufacturing.
3115
Dairy Product Manufacturing.
3116
Animal Slaughtering and Processing.
3117
Seafood Product Preparation and Packaging.
3118
Bakeries and Tortilla Manufacturing.
3119
Other Food Manufacturing.
3121
Beverage Manufacturing.
3161
Leather and Hide Tanning and Finishing.
3162
Footwear Manufacturing.
3211
Sawmills and Wood Preservation.
3212
Veneer, Plywood, and Engineered Wood Product Manufacturing.
3219
Other Wood Product Manufacturing.
3261
Plastics Product Manufacturing.
3262
Rubber Product Manufacturing.
3271
Clay Product and Refractory Manufacturing.
3272
Glass and Glass Product Manufacturing.
3273
Cement and Concrete Product Manufacturing.
3279
Other Nonmetallic Mineral Product Manufacturing.
3312
Steel Product Manufacturing from Purchased Steel.
3314
Nonferrous Metal (except Aluminum) Production and Processing.
3315
Foundries.
3321
Forging and Stamping.
3323
Architectural and Structural Metals Manufacturing.
3324
Boiler, Tank, and Shipping Container Manufacturing.
3325
Hardware Manufacturing.
3326
Spring and Wire Product Manufacturing.
3327
Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing.
3328
Coating, Engraving, Heat Treating, and Allied Activities.
3331
Agriculture, Construction, and Mining Machinery Manufacturing.
3335
Metalworking Machinery Manufacturing.
3361
Motor Vehicle Manufacturing.
3362
Motor Vehicle Body and Trailer Manufacturing.
3363
Motor Vehicle Parts Manufacturing.
3366
Ship and Boat Building.
3371
Household and Institutional Furniture and Kitchen Cabinet Manufacturing.
3372
Office Furniture (including Fixtures) Manufacturing.
3379
Other Furniture Related Product Manufacturing.
4231
Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers.
4233
Lumber and Other Construction Materials Merchant Wholesalers.
4235
Metal and Mineral (except Petroleum) Merchant Wholesalers.
4239
Miscellaneous Durable Goods Merchant Wholesalers.
4244
Grocery and Related Product Merchant Wholesalers.
4248
Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers.
4413
Automotive Parts, Accessories, and Tire Stores.
4422
Home Furnishings Stores.
4441
Building Material and Supplies Dealers.
4442
Lawn and Garden Equipment and Supplies Stores.
4451
Grocery Stores.
4522
Department Stores.
4523
General Merchandise Stores, including Warehouse Clubs and Supercenters.
4533
Used Merchandise Stores.
4543
Direct Selling Establishments.
4811
Scheduled Air Transportation.
4841
General Freight Trucking.
4842
Specialized Freight Trucking.
4851
Urban Transit Systems.
4852
Interurban and Rural Bus Transportation.
4853
Taxi and Limousine Service.
4854
School and Employee Bus Transportation.
4859
Other Transit and Ground Passenger Transportation.
4871
Scenic and Sightseeing Transportation, Land.
4881
Support Activities for Air Transportation.
4883
Support Activities for Water Transportation.
4889
Other Support Activities for Transportation.
4911
Postal Service.
4921
Couriers and Express Delivery Services.
4931
Warehousing and Storage.
5322
Consumer Goods Rental.
5621
Waste Collection.
5622
Waste Treatment and Disposal.
6219
Other Ambulatory Health Care Services.
6221
General Medical and Surgical Hospitals.
6222
Psychiatric and Substance Abuse Hospitals.
6223
Specialty (except Psychiatric and Substance Abuse) Hospitals.
6231
Nursing Care Facilities (Skilled Nursing Facilities).
6232
Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse Facilities.
6233
Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly.
6239
Other Residential Care Facilities.
6243
Vocational Rehabilitation Services.
7111
Performing Arts Companies.
7112
Spectator Sports.
7131
Amusement Parks and Arcades.
7211
Traveler Accommodation.
7212
RV (Recreational Vehicle) Parks and Recreational Camps.
7223
Special Food Services.
AMENDATORY SECTION(Amending WSR 19-17-068, filed 8/20/19, effective 1/1/20)
WAC 296-27-071Appendix B-2Annual electronic submission of OSHA Form 300A.
((Table 3))
Designated Industries
NAICS
INDUSTRY
11
Agriculture, forestry, fishing and hunting
22
Utilities
23
Construction
31-33
Manufacturing
42
Wholesale trade
4413
Automotive parts accessories, and tire stores
4421
Furniture stores
4422
Home furnishings stores
4441
Building material and supplies dealers
4442
Lawn and garden equipment and supplies stores
4451
Grocery stores
4452
Specialty food stores
((4521))
4522
Department stores
((4529
Other general merchandise stores))
4523
General merchandise stores, including warehouse clubs and supercenters
4533
Used merchandise stores
4542
Vending machine operators
4543
Direct selling establishments
4811
Scheduled air transportation
4841
General freight trucking
4842
Specialized freight trucking
4851
Urban transit systems
4852
Interurban and rural bus transportation
4853
Taxi and limousine service
4854
School and employee bus transportation
4855
Charter bus industry
4859
Other transit and ground passenger transportation
4871
Scenic and sightseeing transportation, land
4881
Support activities for air transportation
4882
Support activities for rail transportation
4883
Support activities for water transportation
4884
Support activities for road transportation
4889
Other support activities for transportation
4911
Postal service
4921
Couriers and express delivery services
4922
Local messengers and local delivery
4931
Warehousing and storage
5152
Cable and other subscription programming
5311
Lessors of real estate
5321
Automotive equipment rental and leasing
5322
Consumer goods rental
5323
General rental centers
5617
Services to buildings and dwellings
5621
Waste collection
5622
Waste treatment and disposal
5629
Remediation and other waste management services
6219
Other ambulatory health care services
6221
General medical and surgical hospitals
6222
Psychiatric and substance abuse hospitals
6223
Specialty (except psychiatric and substance abuse) hospitals
6231
Nursing care facilities
6232
Residential mental retardation, mental health and substance abuse facilities
6233
Community care facilities for the elderly
6239
Other residential care facilities
6242
Community food and housing, and emergency and other relief services
6243
Vocational rehabilitation services
7111
Performing arts companies
7112
Spectator sports
7121
Museums, historical sites, and similar institutions
7131
Amusement parks and arcades
7132
Gambling industries
7211
Traveler accommodation
7212
RV (recreational vehicle) parks and recreational camps
((7213
Rooming and boarding houses))
7223
Special food services
8113
Commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance
8123
Dry-cleaning and laundry services