The Department of Energy’s Occupational Safety and Health Administration (OSHA) imposes certain reporting and recordkeeping requirements on Texas construction companies. It is important for construction employers to understand the scope of their recordkeeping and reporting obligations in order to protect themselves from costly fines and other consequences associated with OSHA compliance violations.
Recordkeeping Requirements
Construction employers with more than 10 employees at any point during a given year are required to keep a record of serious work-related injuries and illnesses. Serious injuries and illnesses are generally defined as those requiring medical treatment beyond first aid, or those that resulted in loss of consciousness, days away from work, restricted work, or transfer to another job. Employers must track these injuries and illnesses using OSHA Form 300: Log of Work-Related Injuries and Illnesses and Form 301: Injury and Illness Incident Report. These records must be maintained at the worksite for at least five years, and each year, from February through April, employers must post a summary of the reportable injuries and illnesses from the previous year.
Electronic Submission of Injury and Illness Data
Construction employers with a peak of 20 or more employees during a calendar year are required to submit injury and illness data electronically to OSHA using Form 300A: Summary of Work-Related Injuries and Illnesses, by March 2 of the following year. This submission must be made whether or not the company had any reportable injuries or illnesses.
In addition, as of January 1, 2024, employers in certain “high-hazard” industries with 100 or more employees must electronically submit Form 300 and Form 301 data. This requirement applies to certain subsets of the construction industry, including “Foundation, Structure and Building Exterior Contractors”; click here for a full list of industries.
Reporting Fatalities and Severe Injuries
All Texas employers, regardless of size or industry, are required to report a worker fatality to OSHA within eight hours and any severe injuries – including an amputation, loss of an eye, or an in-patient hospitalization – within 24 hours. To report a fatality or severe injury, call the nearest OSHA office, call the OSHA 24-hour hotline at 800-321-6742, or report online. Be prepared to provide the business name, name(s) of impacted employee(s), location and time of the incident, a brief description of what happened, and a contact person with phone number.
Employers do not have to report events that resulted from a motor vehicle accident on a public street or highway, unless it occurred in a construction work zone. Similarly, deaths and injuries resulting from incidents on a commercial or public transportation system, such as an airplane or bus, do not need to be reported. In addition, hospitalizations for diagnostic testing or observation only need not be reported.
The OSHA lawyers at Pappas Grubbs Price PC assist employers with the complex OSHA compliance process and help clients assert their rights throughout the OSHA inspection process. With offices in Houston, Dallas, Austin and San Antonio, our OSHA defense lawyers have successfully represented hundreds of clients in OSHA investigations and litigation, and we are able to perform 24/7 rapid response on-site coordination with our clients, often arriving before the OSHA inspector. For assistance with your OSHA matter, contact Pappas Grubbs Price.
