Effective January 1, 2002, the Occupational Safety and Health Administration's (OSHA) new injury and illness recordkeeping guidelines go into effect.

If a company had 10 or fewer employees at all times during the last calendar year, it does not need to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics (BLS) informs you in writing that you must keep such records. However, all employers covered by the OSH Act must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees.

Certain business establishments in particular industries are considered exempt from maintaining OSHA injury and illness records. Generally, if a business establishment is classified in a specific low-hazard retail, service, finance, insurance, or real estate industry listed in 29 C.F.R. 1904, Subpart B, Appendix A, it does not need to keep OSHA injury and illness records unless the government asks it to. Again, all employers must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees. (Note: Business establishments classified in agriculture; mining; construction; manufacturing; transportation; communication, electric, gas, and sanitary services; or wholesale trade are not eligible for the partial industry classification exemption.)

• Under the old rule, all work-related illnesses, but not necessarily all work-related injuries, were recordable. The new standard, on the other hand, establishes a single set of recording criteria for both injuries and illnesses. Now, covered employers are only required to record fatalities, injuries, and illnesses that: 1) are work-related; 2) are a new case; and 3) meet one or more of the general recording criteria.
• An injury or illness meets the general recording criteria, and is thus recordable, if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. A case also meets the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional -- even if it doesn't result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.
• All needle sticks/sharps injury cases involving exposure to blood or other potentially infectious materials are now recordable. A special category has been created for those incidents.
• OSHA has designated a category of “privacy concern cases” * for which employers are required to exclude the injured employee’s name on the OSHA forms. Employers will be required to maintain a separate and confidential list of names of employees involved in such privacy concern cases.
• The annual summary of injuries and illnesses (form 300A) must be posted in the workplace for three (3) months (February, March, April) as opposed to the current one (1) month.
• A “company executive” must certify the annual summary. A Company executive is an owner of the company, an officer, and the highest-ranking company official at the establishment or that official’s immediate supervisor.
• The term "lost workdays" is eliminated and the rule requires recording of days away, days of restricted work, or transfer to another job. Also, new rules for counting that rely on calendar days instead of workdays are included. The day on which the injury or illness occurs is not counted as a day away from work or a day of restricted work.
• Employers are no longer required to count days away or days of restriction beyond 180 days.

• An injury or illness to an intimate body part or to the reproductive system.
• An injury or illness resulting from sexual assault.
• A mental illness.
• A case of HIV infection, hepatitis, or tuberculosis.
• A needlestick injury or cut from a sharp object that is contaminated with blood or other potentially infectious material.
• Other illnesses, if the employee independently and voluntarily requests that his/her name not be entered on the log. You must not enter the employee’s name on the OSHA 300 log in these cases. Instead, enter “privacy case” in the space normally used for the employee’s name. You must keep a separate, confidential list of the case numbers and employee names for the establishment’s privacy concern cases and provide information to the government if asked to do so.

• During 2001, employers keep injury and illness information on the OSHA 200.
• January 1, 2002, employers begin keeping data on the OSHA 300.
• February 1, 2002, employers post the 2001 data on the OSHA 200.
• March 1, 2002, employers may remove the 2001 posting.
• February 1, 2003, employers post the 2002 data on the OSHA 300A.
• May 1, 2003, employers may remove the 2002 posting.