11 key mistakes to avoid when submitting OSHA logs

Each year by March 2, most employers must electronically submit their OSHA logs to the Department of Labor (DOL). The process can be confusing, and getting it wrong puts your business at risk of OSHA fines, increased OSHA scrutiny, and even potential legal action.

Avoid these common mistakes when submitting your logs to ensure compliance and peace of mind:

Mistake #1: Submitting All Establishments Under One Entry

An establishment is a single physical location where business is conducted or where services or industrial operations are performed. A company or firm may have multiple establishments, such as different factories, stores, or office locations. Each establishment may have different reporting requirements based on its size and industry. OSHA requires that each establishment be reported separately to ensure accurate and compliant data submission.

Impact: Submitting multiple establishments under one entry can lead to dramatic over-reporting or severely incorrect reporting.

Solution: Ensure each establishment is submitted separately to avoid unnecessary submissions and errors.

Mistake #2:
Submitting Data for Establishments When You Don’t Need To

OSHA requires that data be submitted by establishment based on that location’s specific size and NAICS code, not the company as a whole. That means some company locations may be required to submit OSHA records, while others may not. Submitting data for establishments that are not required to report, leading to errors and even OSHA inspections.

Impact: Incorrect submissions can lead to unnecessary work, errors, and even OSHA inspections.

Solution: Verify which locations must submit based on their size and NAICS code. Submit data only for those establishments that meet the submission requirements.

Mistake #3:
Submitting Summarized Company Data for Each Establishment

OSHA requires data to be submitted by establishment, but a common mistake is to report combined company data (such as total hours worked) instead of data for just that location.

Impact: This will lead to inaccurate data submission and may even result in submitting data for establishments that are not required to report due to their size.

Solution: Ensure that the size, hours, and total hours worked are split out for each individual establishment. Verify the data for each location before submission to prevent errors.

Mistake #4: Choosing the Wrong Size for Your Establishments

To determine whether an establishment needs to submit data to OSHA, one must determine its peak employment (size) during the last calendar year. Each individual employed at any time during the calendar year, including full-time, part-time, seasonal, and temporary workers, counts as one employee. OSHA requires that the peak employment figure be used to determine the size category for submission purposes.

Impact: OSHA sets submission rules based on establishment size, and incorrect categorization can lead to improper submissions.

Solution: Ensure all employees are counted, including full-time, part-time, seasonal, and temporary workers, and use the peak employment figure from the last calendar year to determine the correct size category.

Mistake #5:
Not Choosing the Correct NAICS Code for Your Establishments

Submission rules are based on the NAICS code of a company. Approximately 66% of all NAICS codes, including all construction, manufacturing, agriculture, and a host of other general industry sectors, must comply with OSHA recordkeeping requirements. To comply with OSHA, you must use the correct NAICS code.

Impact: An incorrect NAICS code can lead to disastrous implications, including incorrect data, non-compliance, and potential fines.

Solution: Double-check your NAICS code to ensure it accurately reflects your industry and aligns with OSHA’s recordkeeping requirements.

Mistake #6:
Not Knowing Which Incidents Must Be Recorded on OSHA Forms

OSHA has guidelines of what is and is not recordable, and not all claims or injuries should go into OSHA logs. Many employers mistakenly believe that all workers’ compensation claims must be recorded on OSHA logs. This is not true, as OSHA recordkeeping and workers’ compensation claims overlap but are not mutually exclusive.

Impact: This can lead to both over-reporting and under-reporting incidents. Over-reporting can inflate your incident numbers and put your company on OSHA’s radar for inspection, while under-reporting leads to noncompliance and potential fines.

Solution: Familiarize yourself with OSHA’s recordability criteria to ensure only the appropriate incidents are included in your OSHA log submissions. This includes understanding the general recording criteria to distinguish between recordable and non-recordable incidents accurately. Resource: OSHA Recordable Cheat Sheet

Mistake #7: Missing the Submission Deadline

OSHA requires that employers submit data from the previous year’s logs no later than March 2nd of each year. If submissions are made after March 2nd, they will be marked as late, which could result in penalties or fines.

Impact: Missing the deadline can result in non-compliance and potential fines. Additionally, late submissions may trigger a visit from OSHA, increasing the risk of further scrutiny and potential compliance issues.

Solution: Mark your calendar with the OSHA submission deadlines and set reminders to ensure timely submission. Ensure that all necessary data is collected, reviewed, and ready for submission well before the deadline to avoid last-minute issues.

Mistake #8: Incomplete or Inaccurate Data

Many employers, when they don’t use a digital OSHA recordkeeping platform, make mistakes on the paper or Excel spreadsheet versions of the form. There are no checks and balances in these formats, which can lead to a multitude of errors.

Impact: Inaccurate data can lead to non-compliance and misrepresentation of workplace safety records, potentially causing red flags for OSHA and risking further scrutiny, audits, or penalties.

Solution: Utilize a digital OSHA recordkeeping platform to ensure accuracy and consistency. Good software will have built-in checks and balances to prevent these common mistakes, ensuring that your data is complete and accurate.

Mistake #9:
Not Submitting Data from Form 301 as Required by New Regulations

OSHA now requires many companies to submit data from Form 301, including details of the incident, the affected employee’s job title, the date of the incident, the location of the incident, and a description of what happened. This requirement applies to a smaller subset of industries, including half of all manufacturing and a third of all construction industries with over 100 employees.

Impact: Non-compliance with new regulations can result in significant penalties.

Solution: Ensure that you understand whether your industry and establishment size fall under the new requirements. Submit all necessary Form 301 data to remain compliant.

Mistake #10: Not Submitting the Legal Company Name

Employers must include the legal company name in their OSHA log submissions. If an employer submits the logs without the legal company name, they may face penalties for non-compliance.

Impact: OSHA made this a requirement in 2019, and non-compliance can lead to penalties.

Solution: Ensure that the legal company name is included in all OSHA log submissions to meet regulatory requirements.

Mistake #11: Not Submitting Data for Local and State Governments in State-Run OSHA Programs

Companies in states with their own OSHA programs must comply with state-specific submission requirements, such as submitting OSHA data directly to the state agency in addition to federally.

Impact: State-run OSHA programs have specific requirements for local and state governments, and non-compliance can result in penalties.

Solution: Verify the specific requirements for local and state governments in your state if operating under a state-run OSHA program, and ensure all required data is submitted.

The OSHA Logs Audit Checklist will help you ensure compliance. By being aware of these common submission mistakes, you can ensure that your OSHA log submissions are accurate and well on the way to full compliance.

Dustin Boss is a Certified Risk Manager and Master WorkComp Advisor with Ottawa Kent Insurance in Jenison, MI. He is co-founder and chief innovator of Emerge Apps, web apps for insurance agents to share with employers, including OSHAlogs, a secure, web-based application designed to make OSHA recordkeeping easy.

By Dustin Boss