South Carolina Code of Regulations › Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR › Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS › Subarticle 3 - RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES › Subpart C - Recording Criteria › Section 71-329 - Forms

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic
				  requirement. You must use OSHA 300, 300-A, and 301 forms, or equivalent forms,
				  for recordable injuries and illnesses. The OSHA 300 form is called the Log of
				  Work-Related Injuries and Illnesses, the 300-A is the Summary of Work-Related
				  Injuries and Illnesses, and the OSHA 301 form is called the Injury and Illness
				  Incident Report.
(b)
				  Implementation.
(1) What do I need to do to
				  complete the OSHA 300 Log? You must enter information about your business at
				  the top of the OSHA 300 Log, enter a one or two line description for each
				  recordable injury or illness and summarize this information on the OSHA 300-A
				  at the end of the year.
(2) What do
				  I need to do to complete the OSHA 301 Incident Report? You must complete an
				  OSHA 301 Incident Report form, or an equivalent form, for each recordable
				  injury or illness entered on the OSHA 300 Log.
(3) How quickly must each injury or illness
				  be recorded? You must enter each recordable injury or illness on the OSHA 300
				  Log and 301 Incident Report within seven [7] calendar days of receiving
				  information that a recordable injury or illness has occurred.
(4) What is an equivalent form? An equivalent
				  form is one that has the same information, is as readable and understandable,
				  and is completed using the same instructions as the OSHA form it replaces. Many
				  employers use an insurance form instead of the OSHA 301 Incident Report, or
				  supplement an insurance form by adding any additional information required by
				  OSHA.
(5) May I keep my records on
				  a computer? Yes, if the computer can produce equivalent forms when they are
				  needed, as described under 71-335 and 71-340; you may keep your records using
				  the computer system.
(6) Are there
				  situations where I do not put the employee's name on the forms for privacy
				  reasons? Yes, if you have a "privacy concern case," you 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. This will protect the privacy 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
				  71-335(b)(2). You must keep a separate, confidential list of the case numbers
				  and employee names for your privacy concern cases so you can update the cases
				  and provide the information to the government if asked to do so.
(7) How do I determine if an injury or
				  illness is a privacy concern case? You must consider the following injuries or
				  illnesses to be privacy concern cases:
(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 71-308 for
				  definitions); and
(vi) Other
				  illnesses, if the employee voluntarily requests that his or her name not be
				  entered on the log.
(8)
				  May I classify any other types of injuries and illnesses as privacy concern
				  cases? No, this is a complete list of all injuries and illnesses considered
				  privacy concern cases for Subarticle 3 purposes.
(9) If I have removed the employee's name,
				  but still believe that the employee may be identified from the information on
				  the forms, is there anything else that I can do further protect the employee's
				  privacy? Yes, if you have 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, you may use discretion in describing the
				  injury or illness on both the OSHA 300 and 301 forms. You must enter enough
				  information to identify the cause of the incident and the general severity of
				  the injury or illness, but you 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."
(10)
				  What must I do to protect employee privacy if I wish to provide access to the
				  OSHA Forms 300 and 301 to persons other than government representatives,
				  employees, former employees or authorized representatives? If you decide to
				  voluntarily disclose the Forms to persons other than government
				  representatives, employees, former employees or authorized representatives (as
				  required by 71-335 and 71-340), you must remove or hide the employees' names
				  and other personally identifying information, except for the following cases.
				  You may disclose the Forms with personally identifying information only:
(i) to an auditor or consultant hired by the
				  employer to evaluate the safety and health program;
(ii) to the extent necessary for processing a
				  claim for workers' compensation or other insurance benefits; or
(iii) 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
				  CFR 164.512. (Cross Reference: 1904.29)